Terms of Service of Niagara Launcher

Owner / Provider: Mellowdrop GmbH, Zeugplatz 7, 86150 Augsburg, Germany

Contact: [email protected]

These Terms of Service (“Terms”) govern your access to and use of Niagara Launcher (the “App”) and related services, including the Invite Program and any user upload features (together, the “Services”).

If you do not agree to these Terms, do not use the Services.

1. Definitions

• Consumer means a “Verbraucher” within the meaning of section 13 of the German Civil law German Civil Code (BGB).
• Business User means any user acting in the course of a trade, business or profession.
• Niagara Pro means paid features offered as subscription and/or one-time purchase.
• User Content means any content you upload, submit or otherwise make available (e.g., backgrounds, icon packs, fonts, text, images).

2. Eligibility & Account

2.1

You must be legally capable of entering into contracts. If you are under the age of majority, you may use the Services only with consent of a legal guardian.

2.2

You are responsible for safeguarding your device and account access. You must provide accurate information where required (e.g., email for trials and invites).

3. Scope of License; Intellectual Property

3.1 App License.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App for your own lawful purposes, subject to these Terms.

3.2 Restrictions.

You must not (and must not allow others to):

• (a) copy, modify, distribute, sell, lease or sublicense the App except as expressly permitted;
• (b) reverse engineer, decompile, disassemble or attempt to derive source code (except to the extent mandatory law permits);
• (c) remove proprietary notices;
• (d) use the Services for unlawful purposes or to infringe third-party rights.

3.3 Ownership.

We and our licensors retain all rights, title and interest in and to the Services, including all intellectual property rights.

3.4 Open Source and Third-Party Components.

The App may include third-party software subject to separate license terms. Those terms prevail for the relevant components.

4. Digital Product Rules; Updates (German Consumer Digital Law)

If you are a Consumer and the Services qualify as “digital products” under German law, then mandatory consumer rules apply.

4.1 Updates.

Where required under German law, we will provide updates (including security updates) necessary to maintain conformity of the digital product during the relevant period and inform you about such updates.

4.2 User duty to install updates.

If you do not install updates within a reasonable time after we made them available and informed you of the consequences, we are not liable for a lack of conformity caused solely by the missing update (subject to legal requirements).

4.3 Legacy Android / End of support.

We may stop providing updates for Android versions or devices older than 3 years of release of the current Android version, where continued support is unreasonable (e.g., security, compatibility, technical feasibility). We will, where required, provide reasonable notice in the App or via our support channels. Services that require an internet connection and paid services may be restricted for outdated versions of the App.

5. Paid Features (Niagara Pro)

5.1 Purchases via Google Play

All purchases of paid features of Niagara Launcher, including subscriptions and lifetime purchases (“Niagara Pro”), are processed via Google Play.

Google acts as a merchant of record for all such transactions.

Accordingly, payment processing, billing, invoicing, refunds, cancellations and chargebacks are governed by Google Play’s terms and policies, which apply in addition to these Terms.

5.2 Purchases via Stripe

The payment processing can also be carried out through the external payment service provider Stripe, Inc. or its affiliated entities (collectively, “Stripe”).

For this purpose, Mellowdrop GmbH utilizes, in particular, the payment infrastructure provided through Stripe Connect to facilitate payment transactions between users of the App.

By using paid features of the App, the user agrees that payment information may be transmitted to and processed by Stripe for the purpose of processing payment transactions. The processing of payment data is carried out exclusively by Stripe in accordance with Stripe’s applicable terms of service and privacy policies.

Mellowdrop GmbH is not a payment service provider, bank, or financial institution and does not provide payment services within the meaning of applicable financial services or payment regulations.

5.3 No Direct Payment Relationship

Mellowdrop GmbH does not enter into a direct payment contract with the user for Niagara Pro.

Any monetary claims or payment-related disputes must be addressed to Google Play or Stripe.

5.4 Subscriptions

Subscriptions grant access to Niagara Pro features for the selected subscription period and automatically renew unless cancelled before the renewal date.

The current price, billing cycle and renewal terms are displayed in Google Play or Stripe at the time of purchase.

5.5 Lifetime Purchase

• availability for the lifetime of the user,
• availability on all future devices or operating system versions, or
• that the scope or functionality of individual features will remain unchanged over time.

6. Consumer Withdrawal & Refunds

Where statutory rights of withdrawal apply, their exercise and handling is performed via Google Play or Stripe, in accordance with their consumer policies and applicable law.

Important: The right of withdrawal for digital content/services can expire early if you (i) expressly consent to immediate performance and (ii) acknowledge the loss of the withdrawal right (depending on classification and implementation).

Mellowdrop GmbH does not process withdrawals or refunds directly.

Mandatory consumer rights under applicable law remain unaffected.

7. Updates, Compatibility and End of Support

Mellowdrop GmbH provides updates, including security updates, to the extent required under applicable German law (§ 327f BGB) and within the technical and economic feasibility of the product.

Mellowdrop GmbH may discontinue updates or compatibility for:

• outdated Android versions,
• devices that no longer meet minimum technical requirements, or
• environments where continued support would be unreasonable.

This does not affect mandatory consumer rights.

8. User-Generated Content (UGC)

8.1 User-Generated Content.

The Services may allow users to upload and share themes (including wallpapers, icon packs, and fonts).

8.2 Your responsibilities (rights clearance).

You may upload User Content only if you have all necessary rights (copyright, trademark, font licenses, personality rights, etc.). You must not upload content that infringes third-party rights or violates law.

8.3 Rights warranty & confirmation click.

When uploading User Content, you represent and warrant that (a) you own or have sufficient rights to upload and share it, and (b) it does not infringe third-party rights. You must confirm this via an explicit acknowledgement (e.g., “I hereby confirm I do not violate third-party rights”).

8.4 License grant to us.

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, distribute, publicly display and make available your User Content for the purpose of operating, marketing and improving the Theme Store and the Services, including enabling other users to download/use the content within the Services. This license ends when you delete the content, subject to technical and legal retention needs.

8.5 Moderation; takedown.

We may remove or disable access to User Content at any time if we reasonably believe it violates these Terms, the law, or third-party rights, or if required to do so. We may suspend repeat infringers.

8.6 No obligation to monitor.

We are not obliged to pre-screen User Content; however, we may do so voluntarily.

9. Invite Program

The following terms apply to participation in our Invite Program and supplement these Terms; in case of conflict, these Invite Program rules prevail for the Invite Program.

9.1 Eligibility.

To participate, you must:

(a) provide an email address to receive a free trial and

(b) comply with these Terms and applicable laws. We may determine eligibility at our discretion and suspend or terminate participation at any time. 

9.2 How it works.

You may share your unique invite link only with people you know; you must not spam, harass or mislead anyone. You are responsible for your invitations and communications. 

9.3 Valid invite criteria.

A valid invite generally requires:

• (a) invitee is a new user or has never started a free trial of Niagara Pro;
• (b) invitee uses your invite link to download via Google Play;
• (c) invitee starts a free trial or purchases Niagara Pro Lifetime.

9.4 Rewards.

Rewards vary by campaign and may change at any time. Rewards are non-transferable, non-refundable, and not redeemable for cash. We may revoke rewards for fraud, abuse, or chargebacks; invite caps may apply. You are responsible for taxes, if any. 

9.5 Restrictions.

You must not use deceptive, automated, scripted, or fraudulent means; you must not invite yourself, create multiple accounts, or invite existing customers where prohibited. 

9.6 Fraud prevention data.

To prevent misuse and measure the performance of our Invite Program, we may collect and store a unique device identifier of the invited user and link inviting user to invitee for fraud prevention and security monitoring. (Details are set out in our Privacy Policy.) 

10. Prohibited Business/Commercial Use (B2B limitation)

10.1

Unless expressly agreed in writing, the Services are intended for personal, non-commercial use by Consumers.

10.2

Business Users may not use the Services for commercial purposes (including deployment on company-managed fleets, enterprise rollouts, marketing bundles, resale, or use in managed service offerings) without our prior written consent or a separate B2B agreement. 

11. Third-Party Content & Links

The Services may display content from third parties; we do not control and are not responsible for third-party content, suitability or legality. Use is at your own risk.

Links to external sites are provided for convenience; we are not responsible for their content. 

12. Warranty; “As Is”

To the extent permitted by law, the Services are provided “as is”. Statutory rights of Consumers (including under digital product rules) remain unaffected. 

13. Liability (German Law Compliant Structure)

13.1 Unlimited liability

We are liable without limitation for intent and gross negligence, and for damages resulting from injury to life, body or health, as well as under mandatory product liability rules and in case of express guarantees. A limitation/exclusion for these categories is invalid in standard terms.

13.2 Slight negligence

In case of slight negligence, we are liable only for breach of essential contractual duties (“cardinal obligations”), and then limited to the typical, foreseeable damage.

13.3 Liability cap

For paid Services, liability under 13.2 may be capped at the total fees paid by you in the [12] months preceding the event giving rise to the claim.

14. Termination

14.1

You may stop using the Services at any time.

14.2

We may suspend or terminate your access if you materially breach these Terms, engage in fraud/abuse (including Invite Program abuse), or if required by law.

14.3

Upon termination, your license ends and you must cease use; sections that by their nature should survive will survive (e.g., IP, liability, governing law). 

15. Changes to the Services & Terms

15.1

We may modify the Services (including features and content) for legitimate reasons (security, compliance, technical improvement, business changes).

15.2

We may change these Terms. If changes materially disadvantage you, we will provide notice (e.g., in-app) and, where legally required, offer you the right to object/terminate.

16. Governing Law & Jurisdiction

16.1 Governing law

These Terms are governed by the laws of Germany. 

16.2 Consumer protection carve-out

If you are a Consumer and mandatory consumer protection provisions of your country of habitual residence apply and cannot be derogated from, those provisions remain unaffected by the choice of German law.

16.3 Venue

If you are a merchant (“Kaufmann”), a legal entity under public law, or a special fund under public law, exclusive jurisdiction shall be Augsburg, Germany. For Consumers, statutory venue rules apply.

17. Consumer Dispute Resolution (§ 36 VSBG)

17.1

Mellowdrop GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG).

17.2

Mandatory statutory rights of Consumers to bring disputes before competent courts remain unaffected.

18. Force Majeure and Service availability

18.1

Mellowdrop GmbH shall not be liable for any failure, interruption, delay, degradation, or inability to perform any obligations under these Terms to the extent such failure or delay results from circumstances beyond the reasonable control of Mellowdrop GmbH (each a “Force Majeure Event”).

Force Majeure Events include, without limitation:

• acts of God, natural disasters, earthquakes, floods, fires, storms, or other severe weather events;
• war, armed conflict, terrorism, riots, civil unrest, or acts of public authorities;
• pandemics, epidemics, public health emergencies, or governmental restrictions;
• strikes, labor disputes, or industrial actions;
• power outages or failures of utilities;
• failures, disruptions, or degradation of the internet, telecommunications networks, or domain name systems;
• cyberattacks, hacking, malware incidents, denial-of-service attacks, or other malicious digital activities;
• outages, failures, or disruptions of third-party infrastructure or services, including hosting providers, cloud services, payment processors, app stores, software platforms, APIs, or other technology providers;
• governmental actions, sanctions, embargoes, or changes in law or regulation that materially affect the provision of the App.

18.2

During the existence of a Force Majeure Event, Mellowdrop GmbH obligations under these Terms shall be suspended to the extent and for the duration that performance is prevented or materially impaired by such Force Majeure Event.

18.3

Mellowdrop GmbH shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume the provision of the App as soon as reasonably practicable. However, Mellowdrop GmbH shall not be required to incur unreasonable costs or take actions that would materially jeopardize the security, integrity, or operation of the App.

18.4

Mellowdrop GmbH shall not be liable for any damages, losses, service interruptions, or data loss arising from or related to a Force Majeure Event.

18.5

Nothing in this clause shall relieve the user from payment obligations that arose prior to the occurrence of the Force Majeure Event.

18.6

The App and all related services are provided on an “as available” and “as is” basis. While the Mellowdrop GmbH uses commercially reasonable efforts to maintain the availability, reliability, and security of the App, the Mellowdrop GmbH does not guarantee that the App will be available at all times or operate without interruption, delay, or error.

18.7

The user acknowledges that the availability and functionality of the App may be affected by various factors outside the control of Mellowdrop GmbH, including but not limited to maintenance activities, software updates, technical failures, internet connectivity issues, outages of telecommunications networks, failures of hosting infrastructure, cyber incidents, or disruptions caused by third-party service providers.

18.8

Mellowdrop GmbH reserves the right, at any time and without prior notice, to temporarily suspend, restrict, or modify access to the App or parts thereof for purposes including, but not limited to:

• maintenance or updates of the App;
• implementation of security measures;
• correction of technical errors or malfunctions;
• compliance with legal or regulatory obligations; or
• protection of the integrity, stability, or security of the App.

18.9

To the fullest extent permitted by applicable law, the Mellowdrop GmbH shall not be liable for any damages, losses, loss of data, loss of profits, or other adverse consequences resulting from interruptions, downtime, technical issues, or unavailability of the App.

19. Contact

Questions about these Terms: [email protected]