Terms of use

These terms of use apply to the use of the mobile application Ausmal Club (hereinafter “the app”) and to the subscriptions offered within it. They apply between you as the user and the provider named in section 2.

Separate rules apply to the website www.ausmal.club; the handling of data is governed by the privacy policy of the app.

Differing or additional terms of the respective app store – at Apple in particular the “Apple Media Services Terms and Conditions”, at Google the “Google Play Terms of Service” – apply alongside these terms and in the relationship between you and the respective store operator. See section 12 on this.

Email: kontakt@ausmal.club

The app is a digital coloring book for children of about three to eight years. As it stands today it comprises:

• 1,890 coloring pictures in 160 topics, which are contained in the app in full and are not loaded afterwards;
• coloring in by tapping an area, as well as a brush, an eraser, undo and a three-step zoom;
• a collection in which every picture that has been started and every finished one is saved by itself;
• an area for adults behind a sum, with settings for language, painting time, level of detail, sounds, spoken hints, calm motion, printing and paper size;
• four ways onto paper and into other programs: print the blank outline, print the finished picture, share as a PDF, save to Photos;
• spoken announcements as well as spoken picture titles (picture titles currently in German only);
• an interface in five languages: German, English, French, Dutch and Spanish.

The app works without an internet connection. It contains no advertising, no user account and no function with which content could be uploaded or exchanged with other users.

Two subscriptions are offered for unlocking all the pictures:

What always applies is the price shown to you in the App Store or on Google Play immediately before the purchase. It is stated by the respective store for your country and in your currency; the amounts named include statutory value added tax.

You cancel the subscription exclusively through the store in which you took it out – not through me. The way there is in the app under “For grown-ups” behind the “Manage subscription” button and leads straight into the subscription management of the store, with no page in between and no attempt to keep you.

• Apple: Settings → tap your name → “Subscriptions”, or https://apps.apple.com/account/subscriptions (opens in a new tab)
• Google Play: Play Store app → profile picture → “Payments and subscriptions” → “Subscriptions”, or https://play.google.com/store/account/subscriptions (opens in a new tab)

The cancellation must be made at least 24 hours before the end of the current period. The full scope remains usable until the end of the period you have paid for. After that, section 3.1 and 3.2 apply: the starter set and all of your child’s artwork remain.

For contracts covering digital content, consumers are in principle entitled to a fourteen-day right of withdrawal.

In the case of digital content that is not supplied on a physical medium, the right of withdrawal expires early under Section 356(5) of the German Civil Code (BGB) if

1. you have expressly agreed that performance of the contract should begin before the withdrawal period has expired,
2. you have confirmed that you are aware that you lose your right of withdrawal by giving this consent, and
3. you have been provided with a confirmation of the contract on a durable medium.

Since the subscription is concluded through the App Store or Google Play and handled there, the exercise of the withdrawal and the reversal of the transaction are governed by the terms and the procedure of the respective store. For a withdrawal or a refund, please therefore turn to Apple or to Google first. Regardless of that, you can reach me at any time at kontakt@ausmal.club; I will help as far as I can.

The pictures, the texts, the sound recordings and the design of the app are protected by copyright. By using the app you receive a simple, non-transferable right, limited to the duration of use, to private and non-commercial use.

The pictures your child colors in belong to you and to your child. I make no claim to them, and I do not receive them either.

If you are planning something that is not covered here, ask me at kontakt@ausmal.club.

The app is provided in the version published at the time. I endeavor to maintain it, to adapt it to new system versions and to add further pictures; there is no entitlement to particular future functions, to a particular number of new pictures or to uninterrupted availability.

I will only make changes to the app that materially restrict the scope owed under a running subscription if there is a compelling reason for doing so; in such a case I will inform you in good time. Your statutory rights remain unaffected.

Use requires a suitable device. On Apple devices, at least iOS or iPadOS 15 is required. Which system version the app requires on Android is stated by the listing in the respective store.

The app is intended to be used by children under adult supervision. The “For grown-ups” area, the purchase screen and printing sit behind a sum that children as a rule cannot solve. This barrier does not replace supervision: please make sure yourself that your store account is protected against unintended purchases by the settings of your device.

I am liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence, and under the provisions of the German Product Liability Act.

In the case of a slightly negligent breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (a cardinal obligation), my liability is limited to the foreseeable damage typical of this kind of contract. Liability is excluded in all other respects.

Your child’s artwork lies exclusively on your device. I am not liable for its loss – through a device defect, a reset or the removal of the app, for instance. Use “Share as PDF” or “Save to Photos” to secure what matters to you.

I may change these terms of use where there is a compelling reason for doing so – a change in the law, changed requirements of the stores or an extension of the app, for instance. I will inform you of changes affecting a running subscription in good time before they take effect, in text form or in the app. If you do not object, or if you carry on using the app after they have taken effect, the new version applies; in the event of an objection you may cancel the subscription with effect from the end of the current period.

The app is distributed through the Apple App Store and through Google Play. The respective store operator is not a party to these terms of use and is not responsible for the app itself.

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state of the European Union, the mandatory consumer protection provisions of that state remain unaffected.

I am neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Should a provision of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected.