# Terms and Conditions (T&C) for "The Fotospiel App"

**Last updated:** January 2026

**Provider:**  
Sören Eberhardt-Biermann  
Schweriner Str. 15  
19306 Neustadt-Glewe, Germany  
Mobile +49 173 9266802
Business ID: DE 428754098  
Email: [Contact via imprint](/en/imprint)

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## 1. Scope
These Terms govern all usage agreements for the app and online services "The Fotospiel App" between the Provider and Customers (event organizers, agencies, resellers, or—if booked directly—consumers).  
Deviating conditions shall not apply unless expressly confirmed in writing by the Provider.  
For event participants (guests), the respective event’s participant terms apply in addition.

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## 2. Description of Services
1. The App allows organizers to host photo events with creative tasks where guests can upload, view, and like photos.  
2. The scope of services depends on the selected package (upload limits, number of tasks, participants, design options, etc.).  
3. The service is provided as **Software-as-a-Service (SaaS)** via servers of Hetzner Online GmbH, Germany.

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## 3. Conclusion of Contract
A contract is formed when the Customer books a package and the Provider confirms the booking electronically (e.g., by email).  
The presentation on the website does not constitute a binding offer.

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## 4. Rights of Use
The Customer receives a simple, non-transferable right to use the App for the booked period.  
All source code, design, and infrastructure remain the sole property of the Provider.  
Transfer or subleasing is only permitted under an existing reseller agreement.

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## 5. Customer Obligations
1. The Customer is responsible for all content uploaded by themselves or their participants.  
2. The Customer must ensure that participants are informed about data processing purposes and that required consents (e.g., image rights) are obtained.  
3. Unlawful, offensive, or harmful content is prohibited; the Provider may remove or block such content.  
4. Access data must be kept confidential.

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## 6. Participant Obligations
Participants may upload only photos for which they hold the necessary rights.  
They grant the organizer a simple, time-limited license for use during the event and gallery period.  
The Provider uses such content solely for technical purposes (storage, display, backups).

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## 7. Prices and Payment
1. Prices valid at the time of booking apply.  
2. All prices include VAT, unless otherwise stated.  
3. Payment is made in advance via **Paddle** (e.g., credit card, Apple Pay, Google Pay).  
4. The payment process is governed by the provider’s terms:  
   – Paddle.com Market Ltd., London, United Kingdom  
5. The Provider only receives the transaction and payment status data necessary for processing.  
6. Invoices are issued electronically.

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## 8. Availability and Maintenance
The Provider strives for high availability (hosting via Hetzner).  
Short interruptions due to maintenance, updates, or force majeure may occur.  
No specific uptime is guaranteed.

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## 9. Liability
1. The Provider is fully liable for intent and gross negligence.  
2. For ordinary negligence, liability is limited to essential contractual obligations and foreseeable damages.  
3. The Provider is not liable for unlawful content or data loss caused by improper use.  
4. Liability for personal injury remains unaffected.

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## 10. Data Protection
1. Personal data is processed in accordance with the **Privacy Policy** ([/en/privacy](/en/privacy)).  
2. Operation takes place on servers of **Hetzner Online GmbH** under a data processing agreement (Art. 28 GDPR).  
3. Web analytics are conducted via **Matomo**, using only technically necessary cookies.

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## 11. Term and Termination
The contract ends automatically after the booked event or gallery period expires.  
Ordinary termination during the contract term is excluded.  
The right to extraordinary termination for good cause remains unaffected.

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## 12. Deletion and Suspension
The Provider may delete or suspend content or accounts if legal violations, complaints, or technical issues arise.

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## 13. Amendments
The Provider will inform Customers of changes in text form.  
If the Customer does not object within one month, the new terms are deemed accepted.

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## 14. Dispute Resolution and Jurisdiction
1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.  
2. For merchants, the place of jurisdiction is Neustadt-Glewe, Germany.  
3. The EU Commission provides an online dispute resolution (ODR) platform: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)  
   The Provider is neither obliged nor willing to participate in consumer arbitration proceedings.

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## 15. Final Provisions
Should any provision be invalid, the remaining provisions remain in effect.  
Side agreements require text form.
