Terms of Use for WalkyPop

1. Provider and scope

These terms apply to the WalkyPop app on iPhone, Android phones, Apple Watch and Wear OS watches. They come into effect when you install and use the app. In addition, the terms of the App Store or Google Play through which you obtain the app apply; for purchase, payment, withdrawal and refunds, those take precedence.

This English text is a convenience translation. In case of discrepancies, the German version (Nutzungsbedingungen) prevails.

2. What WalkyPop does, and what it does not

A child holds a balloon until it pops and thereby sends “I'm here!” to the paired adults. They reply with exactly one emoji. Adults can ask a child for a pop and set reminder times. That is the entire scope: there is no chat, no location tracking and no alarm.

WalkyPop has no user accounts. Each device receives an anonymous identifier at first launch; it is bound to that device. If the app is deleted, the identifier is gone; scanning the invitation code again pairs the device anew. What is stored in the process is described in the privacy policy.

3. Children and the responsibility of adults

A child device is set up by an adult and paired with that adult's device. Whoever sets up a child device confirms that they have custody of the child or act on behalf of those who do. A child's name and photo are assigned by the adults; a nickname is enough.

Whoever you pair, you trust. Every paired adult sees the child's check-ins, can reply, can remove other adults and can replace a lost child device with a new one. Therefore give a child's invitation code only to people you trust with exactly that. Every removed pairing automatically generates a new code.

The child view contains no purchases, no advertising and no outbound links. The settings sit behind a reading task for adults.

4. Trial and WalkyPop Plus

Every parent device starts with seven days at full scope: no subscription, no payment details, nothing to cancel. After that, the parent view is locked until a subscription exists for the family. Child devices are never locked: a child can always send; without an active parent device, the check-in simply remains unanswered.

WalkyPop Plus is a subscription with two terms: one month or one year. Prices are shown in the app and in the store in your local currency; the price the store displays at the time of purchase is decisive.

One subscription, the whole family. The subscription covers all paired adults and children for as long as it runs: whoever takes it out does so for the family, not for themselves alone. It belongs to the store account (Apple ID or Google account) of the person who took it out. Apple's Family Sharing is not enabled for it and not needed.

Early-decision price. Whoever takes out the yearly subscription during the seven trial days gets a permanently lower yearly price (currently €19.99 instead of €24.99 in Germany). It applies to every renewal of that subscription as long as it runs without interruption, and is exempt from price increases. If the subscription ends and is taken out again later, the regular price applies.

The store's free days. If the store offers an introductory offer for your account (seven days free), the app shows it at purchase together with the price that applies afterwards. If you cancel within the free days, nothing is charged. The offer applies once per store account.

5. Renewal, cancellation, refunds

• The subscription renews automatically for the chosen term unless it is cancelled at least 24 hours before it ends. The amount is charged via your store account.
• Cancellation happens in the store's subscription settings: on iPhone under Settings → Apple ID → Subscriptions, on Android in the Play Store under Profile → Payments & subscriptions. Deleting the app does not cancel. After cancellation, the subscription continues until the end of the paid term.
• If the store cannot charge a renewal, it retries; access remains for the grace period the store grants. After that, the parent view is locked until the payment is resolved.
• Purchase and payment are handled by the store. Refunds and the statutory right of withdrawal are exercised against Apple or Google under their rules. We have no access to payment details and cannot reverse a payment.
• We may change prices with effect for the future. For a running subscription, an increase applies only if you agree to it after the store's announcement, or do not object to it under the store's rules; otherwise the subscription ends at the end of the paid term.

6. Availability and changes to the app

We keep developing WalkyPop. Details may change; the core remains: one check-in from the child, one reply from the adults. We strive for continuous availability but cannot guarantee it: maintenance, outages at service providers or on the network do occur.

Should we discontinue WalkyPop, we will announce it in the app at least 30 days in advance. Running subscriptions then end at the end of the paid term and no longer renew; for an already paid term that can no longer be used, you receive a pro-rata refund.

Devices that have not talked to our server for twelve months are deleted together with their data; details in the privacy policy.

7. License and permitted use

You receive the simple, non-transferable right to use the app on devices you own or control, for your family's private purposes. The app may not be passed on, rented out or modified; reverse engineering is permitted only to the extent mandatorily granted by law (§ 69e UrhG, German Copyright Act).

In particular, the following is not permitted:

• pairing a child device for a child you are not responsible for;
• publishing invitation codes or passing them on to strangers;
• circumventing the trial by repeatedly reinstalling;
• disrupting the service or circumventing protective mechanisms.

In case of violations, we may remove pairings and delete device identifiers.

8. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee or fraudulently concealed a defect.

For slight negligence, we are liable only for the breach of essential contractual obligations, that is, obligations whose fulfilment makes the use of the app possible in the first place and on whose observance you may rely, and then limited to the typical, foreseeable damage. Otherwise, liability is excluded.

This also applies to damage arising from a check-in not arriving, arriving late or arriving incomplete (section 2).

9. Special notes for Apple devices

If you obtain WalkyPop through the App Store, the following applies in addition:

• Your contracting party is us, Robert Beutelspacher (TurboBarn), not Apple. Apple is not responsible for maintenance and support; help is available on our help page and by email.
• If the app does not conform to an applicable warranty, you may notify Apple; Apple will then refund any purchase price paid for the app. Beyond that, Apple gives no warranty.
• Claims regarding the app, such as product liability, violations of legal requirements or consumer protection law, are directed at us, not at Apple. The same applies to any claim that the app infringes third-party rights.
• You confirm that you are not located in a country subject to a US government embargo and are not on a US sanctions list.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

10. Final provisions

We may change these terms with effect for the future if there is a valid reason, such as a change in the law, a new feature or a security requirement. We show changes in the app at least 30 days before the effective date. If you do not want the changed version, cancel the subscription at the end of the term; use from the effective date is governed by the new version. The date above states the current version.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.

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

Should a provision of these terms be invalid, the rest remains valid.

More pages: Privacy policy for WalkyPop · Help · Legal Notice