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.
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).
3.1 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.
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.Backend Services that require an internet connection and paid services may be restricted for outdated versions of the App.
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.
5.2 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.
5.3 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.
5.4 Lifetime Purchase
A “lifetime” purchase grants access to Niagara Pro features for the lifetime of the Niagara Pro product offering, meaning for as long as Mellowdrop GmbH commercially offers Niagara Pro as a product.
A lifetime purchase does not guarantee:
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.
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:
This does not affect mandatory consumer rights.