120 lines
5.0 KiB
Markdown
120 lines
5.0 KiB
Markdown
# Terms and Conditions (T&C) for "The Fotospiel App"
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**Last updated:** October 2025
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**Provider:**
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Sören Eberhardt-Biermann
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Schweriner Str. 15
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19306 Neustadt-Glewe, Germany
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Mobile +49 173 9266802
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Business ID: DE 428754098
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Email: [Contact via imprint](https://fotospiel.app/impressum)
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---
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## 1. Scope
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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).
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Deviating conditions shall not apply unless expressly confirmed in writing by the Provider.
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For event participants (guests), the respective event’s participant terms apply in addition.
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---
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## 2. Description of Services
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1. The App allows organizers to host photo events with creative tasks where guests can upload, view, and like photos.
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2. The scope of services depends on the selected package (upload limits, number of tasks, participants, design options, etc.).
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3. The service is provided as **Software-as-a-Service (SaaS)** via servers of Hetzner Online GmbH, Germany.
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---
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## 3. Conclusion of Contract
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A contract is formed when the Customer books a package and the Provider confirms the booking electronically (e.g., by email).
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The presentation on the website does not constitute a binding offer.
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---
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## 4. Rights of Use
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The Customer receives a simple, non-transferable right to use the App for the booked period.
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All source code, design, and infrastructure remain the sole property of the Provider.
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Transfer or subleasing is only permitted under an existing reseller agreement.
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---
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## 5. Customer Obligations
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1. The Customer is responsible for all content uploaded by themselves or their participants.
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2. The Customer must ensure that participants are informed about data processing purposes and that required consents (e.g., image rights) are obtained.
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3. Unlawful, offensive, or harmful content is prohibited; the Provider may remove or block such content.
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4. Access data must be kept confidential.
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---
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## 6. Participant Obligations
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Participants may upload only photos for which they hold the necessary rights.
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They grant the organizer a simple, time-limited license for use during the event and gallery period.
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The Provider uses such content solely for technical purposes (storage, display, backups).
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---
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## 7. Prices and Payment
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1. Prices valid at the time of booking apply.
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2. All prices include VAT, unless otherwise stated.
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3. Payment is made in advance via **Paddle** or **Stripe Checkout** (credit card, Apple Pay, Google Pay, etc.).
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4. The payment process is governed by the respective provider’s terms:
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– Paddle (Europe) S.à r.l. et Cie, S.C.A., L-2449 Luxembourg
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– Stripe Payments Europe Ltd., Dublin, Ireland
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5. The Provider only receives transaction and payment status data necessary for processing.
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6. Invoices are issued electronically.
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---
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## 8. Availability and Maintenance
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The Provider strives for high availability (hosting via Hetzner).
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Short interruptions due to maintenance, updates, or force majeure may occur.
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No specific uptime is guaranteed.
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---
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## 9. Liability
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1. The Provider is fully liable for intent and gross negligence.
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2. For ordinary negligence, liability is limited to essential contractual obligations and foreseeable damages.
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3. The Provider is not liable for unlawful content or data loss caused by improper use.
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4. Liability for personal injury remains unaffected.
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---
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## 10. Data Protection
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1. Personal data is processed in accordance with the **Privacy Policy** ([https://fotospiel.app/datenschutz](https://fotospiel.app/datenschutz)).
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2. Operation takes place on servers of **Hetzner Online GmbH** under a data processing agreement (Art. 28 GDPR).
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3. Web analytics are conducted via **Matomo**, using only technically necessary cookies.
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---
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## 11. Term and Termination
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The contract ends automatically after the booked event or gallery period expires.
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Ordinary termination during the contract term is excluded.
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The right to extraordinary termination for good cause remains unaffected.
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---
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## 12. Deletion and Suspension
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The Provider may delete or suspend content or accounts if legal violations, complaints, or technical issues arise.
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---
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## 13. Amendments
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The Provider will inform Customers of changes in text form.
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If the Customer does not object within one month, the new terms are deemed accepted.
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---
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## 14. Dispute Resolution and Jurisdiction
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1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
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2. For merchants, the place of jurisdiction is Neustadt-Glewe, Germany.
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3. The EU Commission provides an online dispute resolution (ODR) platform: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)
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The Provider is neither obliged nor willing to participate in consumer arbitration proceedings.
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---
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## 15. Final Provisions
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Should any provision be invalid, the remaining provisions remain in effect.
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Side agreements require text form.
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