Terms of use

1. Scope and provider

These terms govern use of the Festen app and the website festen.app. The provider is Wamb’s Consulting, owner Poclaire Wamba, trading as Festen App, Knesebeckstraße 63, 10719 Berlin ("we" or "Festen"). Full provider details are in the legal notice. We object to any conflicting terms unless we have expressly agreed to them.

2. Definitions

A consumer is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession when concluding a transaction.

3. Subject of the contract and description of services

Festen is an app with which you record and view your personal finances yourself. You enter income and spending by hand; the app shows your savings, a split into needs and wants, goals, and loans. Festen does not connect to your bank account and does not retrieve transactions. You can optionally scan a receipt to take an amount; how the receipt data is processed is described in the privacy policy for the app. The specific feature set follows from the current description in the store and in the app.

4. Account and registration

To use the app you create an account. Several sign-in routes are available: with your email address and a code (without a password), with your Google account, or with your Apple ID. You must provide a valid email address and protect your access from third parties. One account is intended per person.

5. Conclusion of contract

On signing in, a contract for use of the app under these terms is concluded between you and us. The paid subscription is concluded separately through the relevant store (section 6). The subscription contract is formed under the store's rules, generally on confirmation of the purchase in the store.

6. Relationship to the App Store and Play Store

The subscription is handled through Apple's App Store or the Google Play Store. The contractual partner for purchase, billing, and refunds is the relevant store operator, not Festen. The store's terms additionally apply. We receive from the store the information that, and which, subscription exists, but we do not process the payment ourselves and do not receive payment data such as your card number.

7. Free access and subscription

Your first 30 days of using Festen are free. No payment details are collected for this, and no payment obligation arises. After that, the plan you chose begins: €4.99 a month or €39.99 a year. Both unlock the same features and differ only in the billing period. The subscription renews automatically for the chosen period unless you cancel it through the store. Billing runs through the payment method stored in the store.

8. Prices

All prices are total prices and include statutory VAT where applicable. The store may display the price in your local currency and according to its own rules. The price shown to you in the store before you conclude the subscription is the one that applies.

9. Term, cancellation, and withdrawal

You cancel your subscription in the settings of the App Store or Play Store. Cancellation ends the automatic renewal; you can keep using Festen until the end of the billing period you have already paid for, and no refund is given for that period. Independently of this, you can stop using the app at any time and delete your account in the app. The right of withdrawal is a different thing: it is a statutory right to undo a newly concluded contract within fourteen days without giving reasons, and it is unaffected by cancellation. Details are in the withdrawal policy.

10. Suspension and termination by us

We may suspend your account or terminate the contract for good cause, in particular if you breach these terms significantly or repeatedly or use the app unlawfully. Where possible and legally permitted, we will inform you in advance or without undue delay of a suspension. Your right to terminate for good cause remains unaffected.

11. Your obligations

Use requires that you are of legal age and have full legal capacity. If you are a minor, you may use Festen only with the consent of your legal guardians. You keep your access details confidential and do not use the app unlawfully or improperly. You are responsible for the accuracy of the information you enter. The export function in the app lets you back up your data at any time.

12. Warranty for digital products and updates

The provision of Festen as a digital product is governed by statutory law, in particular §§ 327 ff. BGB. We provide Festen in a contractually compliant, defect-free form for the duration of the contract. We provide the updates necessary to keep Festen contractually compliant during the relevant period, including security updates, and inform you about them. If you do not install a provided update within a reasonable period, we are not liable for a defect that arises solely from the absence of that update, provided we informed you about the update and the consequences of not installing it. Your statutory warranty rights otherwise remain unaffected.

13. No financial, tax, or legal advice

Festen is a tool with which you record and view your own figures. Festen does not provide financial, investment, tax, or legal advice, makes no recommendations, and makes no decisions for you. The app only displays the information you entered yourself. All decisions about your money are yours to make.

14. Availability

We aim for high availability but cannot guarantee uninterrupted operation. Maintenance, technical faults, or circumstances outside our control, such as at the store operator or on your device, may temporarily limit use.

15. Rights of use and intellectual property

We grant you a simple, non-transferable right to use Festen for your personal purposes on the devices you use. All rights in the app, the Festen brand, and the content remain with us or the respective rights holders.

16. Liability

We are liable without limitation for damage arising from injury to life, body, or health, and for damage based on intent or gross negligence. For slightly negligent damage we are liable only where an essential contractual obligation is breached whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely; in that case liability is limited to the foreseeable damage typical for the contract. Liability under the Product Liability Act remains unaffected. Festen only displays your own entries; we accept no liability for decisions you make on the basis of the figures shown. Where our liability is excluded or limited, this also applies to the personal liability of our staff and agents.

17. Set-off and right of retention

You may set off only where your counterclaim has been finally adjudicated, is undisputed, or has been acknowledged by us, or is closely legally connected with our claim. You may exercise a right of retention only where it is based on the same contractual relationship.

18. Data protection

How we process personal data is described in the privacy policy for the website and the privacy policy for the app.

19. Consumer dispute resolution

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

20. Contract text and contract language

You can access, save, and print the text of these terms at any time on festen.app. We do not store the contract text separately for you. The contract languages are German and English; the German version governs.

21. Changes to these terms

We may amend these terms with effect for the future, for example where features, prices, or the legal situation change. We will inform you in good time before changes take effect, in a suitable form. If you do not agree to a change, you can cancel your subscription through the store as of the date the change takes effect.

22. Final provisions

The law of the Federal Republic of Germany applies. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected. If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our seat. Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected. The German version of these terms governs.