In short
These Terms of Use ("Terms") govern the use of the mobile application Tubzer (the "App") and of the related services and websites (together the "Service") provided by Thomas Thauer App-Vertrieb, owner Thomas-Alexander Thauer, Grunaer Straße 37, 01069 Dresden, Germany ("we", "us"). Contact: support@tubzer.de.
By installing or using the App you accept these Terms. If you do not agree, do not install or use the App. If you are a minor, you may only use the App with the consent of a parent or guardian.
These Terms do not limit any rights that you have as a consumer under mandatory law, in particular under the law of the country in which you habitually reside.
Google Play (Google Commerce Ltd. / Google LLC) is not a party to these Terms and has no obligations towards you regarding the App. Google is a third-party beneficiary of the licence terms in section 3 and may enforce them against you.
Tubzer is an alarm clock for Android devices. When an alarm goes off, the App plays a YouTube video that you selected, using an embedded YouTube player. In addition, the App can:
The App requires an Android device, an internet connection and access to YouTube. It does not require an account. The App is provided free of charge; optional credits can be bought in the App (section 6).
We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Android devices that you own or control, for your personal, non-commercial purposes, in accordance with these Terms and the Google Play terms that apply to the download.
You may not: (a) copy, modify, translate or create derivative works of the App; (b) decompile, disassemble or reverse engineer the App, except to the extent that applicable law expressly permits this (for example §§ 69d, 69e of the German Copyright Act); (c) sell, rent, lend, sublicense or otherwise distribute the App; (d) remove copyright or other proprietary notices; (e) use the App to build a competing product; or (f) use the App in any way that violates the law.
The App, its code, design, name and logo are our property or are licensed to us and are protected by copyright and trademark law. All rights not expressly granted remain with us. Open-source components included in the App are subject to their own licences.
Tubzer does not host, store or distribute videos. It plays publicly available YouTube videos through the official YouTube player and uses YouTube API Services to search for videos. By using Tubzer you agree to be bound by the YouTube Terms of Service, and the Google Privacy Policy applies to Google's handling of your data.
All videos remain the intellectual property of their respective owners. You must only use videos in the way YouTube permits, for example by streaming them; the App does not allow downloading, and you must not attempt to circumvent this.
We have no control over YouTube. Videos can become unavailable, be region-locked, age-restricted, set to private or have embedding disabled, in which case they cannot be used as an alarm sound. YouTube may also change its services at any time, which may affect the App. We are not responsible for the content, accuracy, legality or availability of any video or of any other third-party service that the App connects to (YouTube, Google Play, Google AdMob, OpenAI).
Suggestions produced by Tubot AI are generated automatically. They can be irrelevant, inaccurate or, in rare cases, contain content you find unsuitable. We do not review them in advance. Please report inappropriate suggestions to us.
Tubzer is designed to be a reliable alarm clock, but whether an alarm actually rings depends on factors outside our control, including: the power-saving and "do not disturb" settings of your device and its manufacturer, the permissions you have granted to the App (exact alarms, display over other apps, battery optimisation exemption, notifications), the availability of an internet connection at alarm time, the availability of YouTube and of the selected video, the device volume, and operating-system updates.
You must not rely on Tubzer as your only alarm for anything important such as flights, examinations, medication, work shifts or appointments. Always set a second, independent alarm for such occasions. Tubzer plays an internet video; a video that cannot be played will prevent that alarm from sounding as intended. To the extent permitted by law, we are not liable for damage that results from an alarm not ringing, ringing late, or ringing with a different or no sound (see also section 10).
Credits are a virtual allowance inside the App that is consumed by AI-assisted video searches. New installations receive a small number of credits for free. You can obtain more credits by voluntarily watching a rewarded video ad, where offered, or by buying a credit pack in the App.
Credits have no monetary value, cannot be exchanged for money, transferred to other users or used outside the App, and expire when the App is uninstalled from a device, when your data is deleted at your request, or when the Service is discontinued. We may change the number of credits granted for free, the price of credit packs, the number of credits consumed by a feature and the features that require credits, with effect for the future. We may also correct credit balances that resulted from technical errors or manipulation.
Purchases are made through Google Play. The contract for the purchase is concluded with Google Commerce Limited (for users in the EEA and the UK) or Google LLC, under the Google Play Terms of Service; Google is the seller of record, handles payment and issues the receipt. Prices are shown in Google Play in your local currency before you confirm, including VAT where applicable.
Withdrawal and refunds. If you are a consumer in the EU or the UK, you have a statutory right to withdraw from a purchase of digital content within 14 days. When you buy credits, Google Play asks you to agree that the content is delivered immediately and that you thereby lose your right of withdrawal once the credits have been delivered. Refund requests are handled by Google Play according to its refund policy; if Google refunds a purchase, the corresponding credits are removed. Your statutory warranty rights in case the purchased credits are not delivered or do not work remain unaffected; in that case contact us at support@tubzer.de with your user ID and we will fix the balance.
Rewarded ads are shown by Google AdMob only when you choose to watch one. Availability of ads is not guaranteed. The credits are granted when the ad provider reports the ad as completed.
The App identifies you by a random user ID that you may change. Your user ID can be visible to other users. You must not choose a user ID that is offensive, that impersonates someone else, that infringes third-party rights, or that contains personal data such as a real name, phone number or e-mail address.
When you submit links, topics or prompts (your "Content"), you confirm that you have the right to do so and that your Content is lawful. You must not submit Content that is illegal, hateful, harassing, sexually explicit, violent, defamatory, misleading, or that infringes copyright or other rights; and you must not use Content to advertise or to send spam. Submissions are limited per day. We do not claim ownership of your Content, but you grant us the right to store, process and display it (for example a video title in the community statistics) to the extent needed to operate the Service.
You must not: use bots, scripts or other automated means to access the Service; probe, scan or attack our servers; circumvent rate limits, credit checks or other protective measures; interfere with other users' use of the Service; or use the Service for any commercial purpose without our written permission.
We may remove Content and may temporarily or permanently block user IDs or devices that violate these Terms or that we reasonably believe to be abusive, without prior notice where the circumstances justify it. If your user ID is blocked, you may contact us to explain the situation.
Alarm events (which video, when, device time zone and mobile-network country) are used to create anonymous community statistics and an alarm world map that are shown in the App and on tubzerapp.de. These never show your user ID. The user IDs of people who bought credits may be shown in a supporters list in the App. Details are in the Privacy Policy.
We provide the App as a free service developed by a single developer. We do our best to keep it running, but we do not guarantee uninterrupted availability, and we are not obliged to provide maintenance, updates or support. We may change, limit or discontinue features or the entire Service at any time; where reasonably possible we will give notice in the App or on the website. If we discontinue the Service, unused purchased credits that were bought within the preceding 30 days will be refunded through Google Play on request.
You may stop using the App at any time by uninstalling it, and you may have your server-side data deleted as described at tubzerapp.de/legal/delete/. We may terminate your licence if you materially breach these Terms. Upon termination you must stop using the App.
Free use. The App and the Service are provided free of charge. For free use, we are liable only for damage caused intentionally or by gross negligence, for injury to life, body or health, for fraudulently concealed defects, and under mandatory product liability law. Any further liability for free use is excluded.
Paid credits. For the features you pay for, we are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and under mandatory product liability law. In cases of slight negligence we are liable only for the breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment you may regularly rely (cardinal obligation); in that case our liability is limited to the damage that is typical for this kind of contract and foreseeable at the time of purchase. Any further liability is excluded.
The limitations above also apply in favour of our agents and apply in particular to damage resulting from an alarm that does not ring or does not ring as intended (section 5), from the unavailability of YouTube or of a particular video, from AI-generated suggestions, from third-party services, or from loss of data stored on your device, which you are responsible for backing up.
Where mandatory consumer law in your country provides for warranty rights for digital content, those rights apply. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.
We may update these Terms, for example when we add features or when the law changes. The current version is always available at tubzerapp.de/legal/terms/ with the date of the last change. For changes that materially affect your rights, we will inform you in the App before they take effect and, where required, ask for your acceptance. If you do not agree with a change, you may stop using the App.
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you additionally enjoy the protection of the mandatory provisions of the law of the country in which you habitually reside, and you may bring claims in the courts of that country.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). If you have a complaint, please contact us first at support@tubzer.de; most issues can be solved quickly.
If a provision of these Terms is or becomes invalid, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. Our failure to enforce a provision is not a waiver of it. We may transfer our rights and obligations under these Terms to a successor who takes over the Service; we will inform you of such a transfer.