These General Terms and Conditions (hereinafter "Terms") govern the contractual relationship between you (hereinafter "User") and Daniel Mikus (hereinafter "Operator") for the Cashinator App, the Cashinator website www.cashinator.net, and all associated services.
These Terms apply to the use of the Cashinator App, the Cashinator website, and all associated services. By using the App or website, you accept these Terms. The Operator reserves the right to modify these Terms. The current version is always available within the App or on the Cashinator website. Changes take effect from the time of their publication for future use of the App, website, and services.
The Cashinator App can be downloaded for free from the app stores and used with basic features. For advanced features (e.g., additional trips/groups), paid in-app purchases may be required. These will be clearly marked.
The Cashinator App and website are provided "as is". The Operator makes no warranty regarding availability, reliability, or error-free operation of the services. The Operator is not liable for:
To the extent permitted by law, the Operator's liability is limited to the price you paid for using the service (or zero euros if free).
The above limitations of liability do not apply where liability is mandatory under applicable law.
The Operator offers the ability to send personalized postcards directly from the App. For this purpose, the following data is transmitted to the service partner engaged by the Operator:
This data sharing is necessary to print and ship the postcard. Data transmission is encrypted. The Operator works with trusted partners to ensure secure processing of your data. For further information on the processing of personal data, please refer to our Privacy Policy.
The Operator is entitled to change the printing and shipping service provider engaged by the Operator at any time, provided that this does not materially impair the contractual service provided to the User.
A postcard is considered redeemed as soon as the shipping order has been successfully transmitted to the printing and shipping service provider. After that, the shipping order can no longer be changed or cancelled. Transmission takes place immediately after you confirm the shipping order. Please ensure that all information, including the recipient address, text, and image, is correct before submitting the shipping order.
The User is responsible for ensuring that the submitted images and texts are suitable for printing. In particular, images with low resolution, strong compression, or other quality defects may lead to a printed result that differs from the on-screen impression.
The Operator assumes no liability for quality defects caused by content provided by the User.
The specified delivery times are non-binding estimates and may vary depending on the destination country. For specific delivery times and further details, please see the Frequently Asked Questions (FAQ). The Operator does not guarantee delivery times and assumes no liability for delays.
The Operator can initiate the shipment but does not guarantee that the postcard will actually be delivered. Delivery may not be possible for reasons such as:
The User is responsible for the accuracy and completeness of the recipient address. As a general rule, no refund will be due where delivery fails for reasons attributable to the User or for circumstances outside the Operator's control, unless otherwise required by applicable law.
Under section 312g (2) no. 1 of the German Civil Code (BGB), no right of withdrawal applies to personalized postcards containing individual designs and texts because they are made to the User's specifications. Once the shipping order has been successfully transmitted, the order is binding and can no longer be canceled or withdrawn.
Under Section 312g (2) no. 1 of the German Civil Code (BGB), no right of withdrawal applies to personalized postcards with individual designs and texts, as they are custom-made according to your specifications. The postcard is manufactured to your individual requirements. Once the shipping order is successfully transmitted, the order is binding and cannot be withdrawn.
Users must not submit unlawful, offensive, infringing content or content intended for political advertising or campaigning. The Operator reserves the right to refuse to print and send postcards containing:
Users represent and warrant that they hold all rights required in relation to the submitted images, texts, and other content and that the use and processing of such content for the printing and shipping of the postcard is permitted.
Users grant the Operator and the printing and shipping service providers engaged by the Operator a non-exclusive, worldwide right to use the submitted content, limited in scope to processing the order.
Users shall indemnify the Operator against third-party claims arising from an infringement of copyrights, trademark rights, personality rights, or other third-party rights caused by submitted content, provided that the infringement is attributable to the User. The indemnity also covers reasonable costs incurred for the necessary legal defence.
The Operator or the printing and shipping service provider engaged by the Operator may refuse to manufacture and send a postcard where there are reasonable grounds to doubt the legality or permissibility of the submitted content or where the content breaches these Terms.
In such a case, the postcard will not be manufactured or sent. As a general rule, no refund will be due where the refusal is based on a breach of these Terms or applicable law that is attributable to the User.
The Operator reserves the right to take legal action in cases of serious violations.
The Operator is responsible for receiving your postcard data, transmitting it to the commissioned printing and mailing service provider, and arranging the printing and dispatch of the postcard. Specifically, the Operator provides the following services:
However, the Operator does not guarantee successful delivery or the actual receipt of the postcard by the recipient. See also Section 4.5 "No Guarantee of Successful Delivery".
Postcards are purchased through an in-app purchase. As Cashinator works without registration or a user account, you will receive a license key that can be used to restore or transfer your purchased postcards. Your purchased postcards are linked to this license key; only the license key itself is stored on your device. It is therefore the only proof of your purchased postcards.
You are solely responsible for keeping your license key safe – for example by using the backup feature integrated into the app (Apple or Google backup) or by writing it down and storing it securely. Using the license key, you can transfer your purchased postcards to a new device.
If you lose your device, replace it, or reinstall the app without the corresponding license key, your purchased postcards may no longer be recoverable. Without the license key, the Operator is unable to assign purchased postcards to a specific device or person. In such cases, there is no entitlement to a refund or replacement of lost postcards.
Purchased postcards are valid for three (3) years from the date of purchase. During this period, they may be redeemed and used to send a postcard at any time.
Any postcards not redeemed before the end of the validity period will automatically expire. Unused postcards are non-refundable and cannot be exchanged or have their validity extended, unless otherwise required by applicable law.
If the Operator permanently discontinues the postcard service, users will be informed in an appropriate manner, particularly within the app or on the Cashinator website.
For postcards that are still valid and not yet redeemed at that time, the Operator will make reasonable efforts to provide an appropriate solution, as far as economically and technically feasible.
The Operator may, on a temporary and voluntary basis, offer the option to send one free postcard. This promotion is voluntary, applies only while supplies last, may be revoked at any time without prior notice, and does not establish any legal entitlement.
The free allowance can be used only once per person. In addition, only a single free postcard is available within a journey as a whole; other participants have no claim to an additional free postcard within the same journey. Switching the journey or the device does not unlock another free postcard allowance.
The free postcard is available only to Users whose device has not previously been used to purchase postcards. The Operator determines at its reasonable discretion whether the eligibility requirements for the free postcard are met.
The Operator reserves the right to take measures to prevent abuse and to change or end the promotion without prior notice. In all other respects, the same conditions apply to free postcards as to paid postcards (in particular sections 4.2 to 4.12).
Use of the Cashinator App and website is permitted only within the scope of the provided features. In particular, reverse engineering, automated access, circumvention of technical protection measures, and use to operate competing or comparable services are prohibited.
You agree not to use the App or website for:
In the event of a breach of these Terms, the Operator may temporarily or permanently restrict or suspend access to the App, individual features, or a license key.
The Operator uses modern security measures to protect your data. However, complete security cannot be guaranteed. For more information, please see our Privacy Policy.
The Operator warrants that services will be provided as described in the product description. In case of defects, you are asked to discuss them with the Operator. The Operator will make every effort to resolve issues promptly, but cannot provide guarantees.
The Operator reserves the right to change, expand, or discontinue features, functionality, or the App at any time. If the service is permanently discontinued, the Operator will inform users in an appropriate manner, in particular within the App or on the Cashinator website.
All payments for in-app purchases are processed through the respective app store (Apple App Store, Google Play Store). The Operator does not receive payments directly. Payment terms and withdrawal rights are governed by the respective app store's conditions. Refunds for in-app purchases are governed exclusively by the respective app store's policies.
The Cashinator App is intended for authorized users only. The Operator is not responsible for damages caused by unauthorized use by third parties (e.g., if third parties gain access to your device or your backup keys).
These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and have your habitual residence in another country, any mandatory consumer protection provisions of that country remain unaffected.
If the User is a merchant, a legal person under public law, or a special fund under public law, the courts of Berlin, Germany, shall have exclusive jurisdiction. Statutory rules on jurisdiction apply to consumers.
The Cashinator App, the Cashinator website, all content, texts, graphics, logos, images, and other materials are the property of the Operator or its licensors and are protected by copyright. Use of this content is permitted only for personal, non-commercial purposes. Reproduction, distribution, or other use without express written permission from the Operator is not permitted. All rights not expressly granted remain reserved.
The Operator is not liable for downtime or performance disruptions caused by circumstances beyond its control, including:
In such cases, the Operator is relieved of its performance obligations for the duration of the hindrance.
If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall take the place of the invalid or unenforceable provision.
If you have questions about these Terms or complaints, please contact:
Daniel Mikus
Oderberger Str. 39
10435 Berlin
Germany
Additional contact information can be found in the Legal Notice.