Legal
Terms of Use
1. What this covers
These terms govern the use of the Daily Bestiary app for iOS. The app is provided by:
Felix Leitenberger
Kreuzenstr. 32
82041 Furth
Germany
Email: info(at)crabucate.de
They apply in addition to Apple's terms, in particular to Apple's Licensed Application End User License Agreement. Where the two conflict, Apple's agreement governs the licence to the app.
2. What the app does
Daily Bestiary offers one animal card a day. Which card that is, the app works out from the day you received your first card — not from a fixed calendar date. The day turns over at midnight in your device's time zone.
On first launch you receive three cards free of charge. They make the app complete in itself: front, back, facts, photo credit, collection and quiz. No purchase is required for any of that.
All content ships inside the app. Nothing is downloaded and nothing is generated.
3. Licence
You receive a non-exclusive, non-transferable right to use the app on the devices associated with your Apple Account, for private purposes. The cards, drawings, texts and quiz questions remain protected by copyright.
The following are not permitted, in particular: reverse-engineering, modifying or circumventing the app and its purchase verification; extracting and redistributing the drawings, photographs, texts or quiz questions it contains; and using that content in an offering of your own.
Use in a classroom is expressly welcome — showing the app on your own device is all it takes.
4. Purchases
There are three kinds of purchase:
- Card of the day — unlocks today's card. Repeatable, once a day.
- Ten-card pack — credit for ten unlocks. The credit does not expire and is spent on the card of the day.
- Collector — a subscription. It additionally opens the archive, where missed days can be claimed, includes the card of the day, and shows quiz statistics across the whole collection.
Your contract for a purchase is with Apple, not with the developer. Billing runs through your Apple Account and Apple's App Store terms apply.
Prices, terms and renewal conditions are shown to you in the app before you buy. They differ from country to country and are therefore not stated here.
5. Subscription, renewal and cancellation
Collector renews automatically at the end of each period unless you cancel. Your Apple Account is charged within 24 hours before the current period ends.
You can cancel at any time through Apple: Settings → your name → Subscriptions. Cancellation takes effect at the end of the current period; until then your access remains. If you cancel during a free trial, no payment is due provided you cancel at least 24 hours before the trial ends.
The developer cannot cancel a subscription on your behalf; Apple grants that option only to you.
When a subscription ends, the archive closes. The cards you own remain yours — including the ones you claimed from the archive. Credit from ten-card packs is likewise unaffected.
6. Withdrawal and refunds
Because the purchase contract is concluded with Apple, withdrawal and refunds follow Apple's terms. You request a refund at reportaproblem.apple.com.
For digital content supplied immediately, a statutory right of withdrawal may lapse once performance has begun with your express consent. The detail is governed by Apple's terms of sale.
The developer cannot issue refunds himself, because he does not collect the payment. Where something has gone wrong technically he will still gladly help — the address is on the support page.
7. Images and third-party rights
The drawings on the fronts of the cards are the developer's own. The photographs on the backs come from open sources (among them Pixabay, Unsplash and Wikimedia Commons) and are used under the licences stated in each case, including Creative Commons licences.
Photographer, licence and source appear on the back of each individual card. If you believe a picture is used without the right to do so, or credited incorrectly, please write to info(at)crabucate.de — the credit will be corrected or the picture removed.
8. What is not promised
The app keeps being developed. The following are not warranted:
- a particular number of cards, now or in future
- the continued availability of the app in the App Store or on future operating system versions
- that every future version will contain every feature of today's
When your run of cards reaches its end, the app tells you so; nothing starts over and nothing repeats.
The app is not a scientific source. The facts and quiz questions are carefully compiled and have been read over by a biology teacher, but they are not a citation for a paper.
9. Your data
Your collection lives on your device and in your own iCloud. The developer has no access to it and can therefore neither hand it over nor restore it. Back up your device if the collection matters to you; iCloud syncing is not a backup in the proper sense.
What the app processes, and what reaches a service provider when you buy something, is set out in the privacy policy.
10. Liability
The developer is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
For ordinary negligence he is liable only for breach of an obligation whose fulfilment makes proper use of the app possible in the first place and on whose observance you may rely; in that case liability is limited to the foreseeable damage typical of this kind of contract.
No further liability is assumed. Statutory rights in respect of defects remain unaffected.
11. Apple
Apple is not the provider of this app and is not responsible for it. Apple has no obligation to furnish maintenance or support. Claims relating to the app — for defects, product liability or infringement of third-party rights — are to be addressed to the developer, not to Apple.
Apple and its subsidiaries are third-party beneficiaries of these terms and are entitled to enforce them against you.
12. Changes to these terms
These terms may be adjusted when the app, the legal situation or Apple's requirements change. The version published here is the one that applies; the date above states when it was last revised. Material changes will be shown in the app.
13. Governing law and dispute resolution
German law applies. If you are a consumer, the mandatory consumer protection provisions of the country in which you are habitually resident remain unaffected.
The developer is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.