Terms of Use - TRICHTR App

Terms of Use

(For users residing in the European Economic Area (EEA) and Switzerland)

The terms used are not gender-specific.

As of July 13, 2022

  1. your relationship with us

Welcome to TRICHTR.

TRICHTR is an emerging platform for tracking the time of flow or intake of liquids as well as for managing and sharing related short videos (the " Platform "). These terms of use (the " Terms of Use ") constitute an agreement between you and us. They set out the terms on which you may access and use the Platform and our related websites (such as trichtr.de or trichtr.com), services, applications, products and other content offered under these Terms (collectively: the " Services ").

The Services are provided by the company that offers the Services in your region (“ TRICHTR ”, “ we ” or “ us ”):

  • Persons residing in the European Economic Area (“ EEA ”) and Switzerland: The Services are provided by Stirken, Krahmer and Wittig GbR, a company with its registered office Holbeinstr. 11, 33615 Bielefeld, a company registered in Germany.

Your service provider may change if you move to another country and continue to use our Services. The Services are provided for personal, non-commercial use. For purposes of these Terms of Use, the terms " you " and " your " refer to you as a user of the Services.

The Terms of Use constitute a legally binding agreement between you and us. Please take the time to read these Terms of Use carefully. If you do not agree to them, please do not register, access or use the Services.

  1. Description of the services

The Services and Platform are intended only for persons who are at least 13 years old.

You may use the Services and Platform through TRICHTR's mobile applications (" App ") and through TRICHTR's website (" Website "). Certain features are only available in the App. In addition, not all Services or features may be available in your country or region. Different features may be available in different versions of the Services. We reserve the right not to make certain features available to users under a certain age.

The services allow you to automatically measure the time of flow or consumption of liquids or drinks in conjunction with an exclusive smartphone accessory sold by us (the " measuring box "). Furthermore, our services allow the automatic creation of short videos as well as the publication and distribution (" sharing ") of short videos and the viewing of videos created by other users. They also allow interaction with these videos and with other users.

Create videos : In particular:

  • You can record videos and manage them on the platform.
  • Restriction: The start and end time of a video is determined by the measuring box. You have the option of influencing the measuring box through physical actions.

Share videos : In particular:

  • You can join user groups and share your videos within these groups. Your videos can be viewed by the members.
  • You may share your videos, or videos of others to which you have accessed through membership in a group in which the corresponding videos have been shared by others, with others through various messaging services and on third-party social media platforms (e.g. Instagram, Facebook, YouTube, Twitter) in accordance with their respective terms of use.
  • You can also add a profile picture to your user profile; this is public.

Watch videos : You can watch videos from other users of the Services. In particular:

  • You can view videos shared by others in groups you are a member of.

Interaction with other users: Interaction with the content of other users or with the other users themselves is not intended.

Service Limitations: We strive to provide the Service without significant interruption and to continually improve it. However, the Service may be unavailable in whole or in part for periods of time due to planned or unplanned downtime, maintenance, or technical problems.

  1. agreement to the terms of use

In order to register, access or use the Services, you must be able to form a legally binding contract with TRICHTR that includes these Terms of Use, be at least 13 years old, and agree to be bound by these Terms of Use.

Your access to and use of our Services is also subject to our Community Guidelines , which can be found directly on the Platform or, if the Platform is made available via download, in the applicable app store for your mobile device. These additional guidelines and policies are incorporated by reference into this legally binding agreement between you and us.

Please also read our Privacy Policy as it describes how we use your personal information.

If you access or use the Services on behalf of a company or legal entity, then: (a) the terms “ you ” and “ your ” include you and that company or legal entity, (b) you must be an authorized representative of the company or legal entity with the authority to bind the organization to these Terms and agree to these Terms on the organization’s behalf, and (c) your company or legal entity is legally and financially responsible for your access to and use of the Services, as well as for any access to or use of your account by others associated with your organization, including, without limitation, employees, agents, or subcontractors.

A copy of our current Terms of Use will always be available on the Platform, including the date of the last update. However, as a backup, you should print or save a copy of the Terms of Use for your own records.

  1. Changes to the Terms of Use and Services

In the event of actual or legal developments that (a) were not foreseeable for us at the time the contract was concluded, (b) that we did not cause and cannot influence and (c) require an adjustment of these terms and conditions, we may change, supplement or replace these terms and conditions, taking your reasonable interests into account. The same applies if we have introduced new products or functions that require a contractual agreement.

We will inform you transparently at least four (4) weeks before any changes that significantly disadvantage you or significantly restrict access to or use of the services, as well as the date of their planned entry into force. You can object to the changes within this period. The changes will take effect after this period has expired if you continue to implement the contract after receiving the notification or if you do not object to the changes within the deadline. In the latter case, failure to object will be considered as consent to the proposed changes. We will draw your attention to the significance of your behavior again separately in the notification.

  1. your account with us

In order to access and use our services, you must create an account with us. When creating this account, you must provide truthful and current information. It is important that you maintain and promptly update your data and any other information you provide to us so that it is always current and complete. The Terms of Use are also available to you at any time via the platform. It is also important that you keep the password for your account confidential and do not disclose it to third parties. If you know or suspect that a third party knows your password or has accessed your account, you must notify us immediately. To do so, contact us at info@trichtr.de .

  1. Termination

The term of the contract is unlimited. You can terminate your user account at any time. We reserve the right to temporarily or permanently block or terminate your user account or to restrict or limit your access to parts or all of the services at any time:

  • if you violate the Terms of Use, including any agreements, policies or terms incorporated herein, or any applicable law or regulation, or we have objective reasons to reasonably believe that you are about to violate them;
  • if there is any activity under your account that causes or may cause damage to us or our Services, or that interferes or may interfere with us or our Services, or infringes or may infringe the rights of any third party (including intellectual property rights);
  • in response to requests from law enforcement or other government authorities pursuant to lawful process;
  • due to unexpected technical or security incidents or problems; or
  • if there is no activity in your account for extended periods of time.

If we permanently suspend or terminate your account, we will notify you in advance to give you sufficient time to access and preserve your information and content, except if we have reason to believe that continued access to your account would harm us or our Services, violate a request from law enforcement or other government authorities, or violate applicable laws or regulations or the rights of a third party.

Subject to any legal rights you may have, if your account is suspended or terminated temporarily or permanently, access to your username, password and all related information, as well as the content associated with your account, may also be suspended or terminated. Because we do not guarantee the continued availability of your content, you should create backup copies of any content that is important to you.

If you no longer wish to use our services, you can request that your account be deleted. The platform provides appropriate functions for this purpose. Alternatively, you can contact us at info@trichtr.de . We will be happy to provide you with further support and guide you through the process of deleting your account. Please note: If you decide to delete your account, it can no longer be reactivated to access content or information that you have stored there.

  1. your use of the Services

Your access to and use of the Services is subject to these Terms of Use and all applicable laws and regulations.

You are not permitted to:

  • Accessing or using the Services if you are not at least 13 years old or are unable to agree to these Terms of Use;
  • Copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works from the Services, including any files, spreadsheets or documentation (or any part thereof), or attempt to determine the source code, algorithms, methods or techniques embedded in the Platform or create derivative works from it, unless we have expressly consented to such activities in advance;
  • Distribute, license, transfer or sell the Services or any derivative works thereof, in whole or in part;
  • Market, rent or lease the Services for a fee or use the Platform to advertise or post commercial offers unless we have expressly consented to such activities in advance;
  • Use the Services for any commercial or unauthorized purpose without our express written consent, including communicating or facilitating any advertising or solicitation or spam email;
  • Interfere or attempt to interfere with the proper working of the Services, disrupt the Platform, our website, or other networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
  • Integrate the Platform or any portion of it into another program or product. In such case, we reserve the right to refuse service, terminate accounts, or restrict access to the Services at our discretion;
  • Use any automated system or software to extract data from the Services for commercial purposes (“screen scraping”), whether or not such system or software is operated by a third party;
  • Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including by making it appear that any content you upload, post, transmit, distribute or otherwise make available originates from the Services;
  • Intimidate or harass others or promote sexually explicit material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • Use or attempt to use another's account, service or system without appropriate authorization from TRICHTR or create a false identity within the Services;
  • Use the Services in a way that could create a conflict of interest for you or us or otherwise undermine the purposes the Services serve. Examples include exchanging reviews with other users or creating or requesting reviews that promote products or services;
  • Use the Services to intentionally, negligently or recklessly upload, transmit, distribute, store or otherwise make available:
    • Materials that violate applicable laws or infringe the rights of others;
    • Computer viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
    • Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other prohibited forms of solicitation;
    • Materials that infringe or may infringe any copyright, trademark or other intellectual property of another person;
    • Materials that violate the privacy or publicity rights of another person or of a deceased person;
    • Materials that defame any person or are obscene, offensive, pornographic, hateful or inflammatory;
    • Materials that constitute, promote, or provide instructions for criminal offenses, dangerous activities, or self-harm;
    • Material that is designed to provoke or annoy people, including without limitation “trolling” or bullying, or that is intended to harass, harm, injure, scare, distress, embarrass or upset people;
    • Materials that contain a threat of any kind, including threats of physical violence;
    • racist or discriminatory materials, including discrimination based on race, religion, age, gender, disability or sexuality;
    • Answers, reactions, comments, opinions, analyses or recommendations for which you are not properly licensed or otherwise qualified;
    • Materials that, in our sole discretion, are objectionable or that restrict or inhibit any other person from using the Services, or that could expose TRICHTR, the Services or the Users to any harm or liability of any kind.

In addition to the prohibitions set forth above, your access to and use of the Services must always be consistent with our Community Guidelines .

We reserve the right to permanently or temporarily remove or suspend access to any Content at any time and without prior notice if, in our sole discretion, the Content violates or may violate these Terms of Service or our Community Guidelines , the rights of any third party (including intellectual property rights), or applicable laws or regulations, or is otherwise harmful to the Services, our users or any third party.

  1. Intellectual Property Rights

We respect the intellectual property rights of others, and we expect you to do the same. As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of others when using the Services. One example of this includes, but is not limited to, agreeing not to upload any content to the Services that is the property of another person without authorization.

  1. content

9.1 As between you and TRICHTR, all content, software, images, text, graphics, illustrations, logos, photographs, audio files, videos, music files and the look and feel of the Services that are subject to proprietary rights such as patents, trademarks, designs, copyrights and/or other intellectual property rights and associated with the Platform and/or the Services (the "TRICHR Content ") are either owned or licensed by TRICHTR or third parties. You or your licensors are deemed to be the owners of the User Content (as defined below) that you upload or submit through the Services.

9.2 TRICHTR does not grant you any license or right to use any TRICHTR Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms or as necessary for your use of the Services.

9.3 You may not use such content for any other purpose without the prior express written consent of us or our licensors. We and our licensors reserve all rights in such content and materials arising from or in connection with the Services and the TRICHTR Content, unless expressly granted. Your right to use copyrighted content under the statutory exceptions to copyright law remains unaffected.

9.4 We may earn revenue from the Services, but unless required by law or permitted by us in these Terms of Use or another agreement with you, you will not receive any share of such revenue.

9.5 TRICHTR provides you with functionality to enable you to create creative and engaging content, including, but not limited to, elements provided by TRICHTR. These functionalities are provided for the creation of content on the Platform. You may download or share this content, but monetizing this content on TRICHTR or other platforms is prohibited. Therefore, you acknowledge that, unless required by law or permitted by us in these Terms of Use or another agreement with you, (i) you are not entitled to any revenue or other compensation from User Content (as defined below), nor from your use of musical works, sound recordings or audiovisual clips made available to you within or through the Services, and (ii) you are prohibited from exercising any rights to monetize or obtain any consideration for User Content within our Services or the services of third parties (including, without limitation, YouTube, Facebook, Instagram, Twitter or other social media platforms). This applies to the extent that the User Content has been edited or otherwise modified in any way within the Services, including through the use of TRICHTR Elements (as defined below).

9.6 You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including downloading the Platform on a Permitted Device and accessing the TRICHTR Content through your use of the Services, subject to the Terms of Use, solely for your personal, non-commercial use and in accordance with these Terms of Use.

9.7 TRICHTR reserves all rights in the Services and the TRICHTR Content not expressly granted in these Terms of Use, without limitation and without restriction. You acknowledge and agree that this license granted to you with respect to the Services will automatically terminate upon any termination of your Account or these Terms of Use.

9.8 THESE TERMS OF USE DO NOT GRANT YOU ANY RIGHTS WITH RESPECT TO SOUND RECORDINGS (AND THE MUSICAL WORKS CONTAINED THEREIN) MADE AVAILABLE WITHIN OR THROUGH THE SERVICES. YOUR STATUTORY RIGHTS TO USE COPYRIGHTED WORKS ARE NOT AFFECTED.

9.9 You view content provided by others within the Services at your own risk. The content of our Services is provided for general information purposes only. It is not intended to constitute advice on which you may rely. TRICHTR's liability for negligence or willful misconduct remains unaffected.

9.10 TRICHTR offers users a platform on which users can publish their own content. We make no representations or warranties, either express or implied, that the TRICHTR content (including user content) is accurate, complete or up to date, and we do not provide any warranty in this regard.

9.11 Where the Services contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no knowledge of, and no control over, the content available on or through such websites and resources. Your use of these links should not be taken as an endorsement of the linked websites or of any information you may obtain on or through them.

9.12 We have no obligation to pre-post, monitor, review or edit any content (including User Content) posted by you or other users of the Platform.

9.13 Users of the Services may be permitted to upload, publish or otherwise make available content through the Services. This includes, but is not limited to, text, photographs, User videos, sound recordings and the musical works contained therein (including videos incorporating locally stored sound recordings from your personal music library and ambient sounds) uploaded to or otherwise made available through the Services (the " User Content "). You acknowledge and agree that Users of the Services may extract, in whole or in part, User Content uploaded or otherwise made available by you through the Services to create new User Content. This also includes User Content created through collaboration between multiple Users that combine and blend User Content created by you and other Users.

9.14 Users of the Services may also incorporate elements provided by TRICHTR (the “TRICHR Elements ”) – such as graphics – into User Content and transmit such User Content via the Services.

9.15 We have not reviewed or approved the information and materials in any User Content, including any User Content that contains TRICHTR Elements, and the views expressed by other users of the Services do not reflect our views or values.

9.16 When you access or use features that allow you to upload or submit User Content through the Services or to contact other users of the Services, you must adhere to the standards described above in Section 7 of the Terms of Use. This also applies when uploading or submitting via certain third party social media platforms such as Instagram, Facebook, YouTube or Twitter. You may also choose to upload or submit your User Content, including that containing TRICHTR Elements, to websites or platforms hosted by third parties. In this case, you must comply not only with those providers' policies regarding content, but also with the requirements of Section 7 of the Terms of Use and the standards described in this section.

9.17 Any such Contributions must comply with these Standards and you will be liable to us for any breach of this warranty and you will keep us indemnified in respect of this. If you are using the Platform in the course of a commercial activity, you warrant that any such Contributions comply with these Standards and you will be liable to us and keep us indemnified for any loss or damage arising out of, or in connection with, any breach of this warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

9.18 Any User Content you post may be public and will therefore be considered non-confidential. You must not post or transmit to us on or through the Services any User Content that you consider to be confidential or proprietary to another person.

9.19 When you use our Platform, you may upload User Content to the Platform and modify User Content using the TRICHTR Elements. When you submit User Content through the Services, you agree and represent that you are the owner of such User Content or that you have obtained all necessary consents (including all necessary licenses) or releases from or have been authorized by the owner to upload such User Content to the Services, to transmit it from the Services to third party platforms, and/or to use such User Content within the Services or otherwise through the Services.

9.20 If you own the rights to a sound recording only, but not to the underlying musical work contained therein, you may not upload or otherwise make available such sound recordings through the Services unless you have all permissions (including any necessary licenses) or clearances from the owner to submit the content to the Services or have been authorized to do so by the owner.

9.21 Unless expressly provided otherwise in these Terms of Use, the copyright and other intellectual property rights in the User Content sent to us remain with you or the rightful owner of the User Content. However, you grant the following rights to the User Content:

(i) You grant us a non-exclusive, subject to mandatory statutory remuneration claims, free of charge, transferable (including the granting of sub-licenses), perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute your user content, as well as the right to grant other users of the services the rights described in section (ii) below. The license granted is limited to the uses that are necessary for the operation of the platform and the provision of the services. The right to edit user content is limited where copyrighted content is distorted.

(ii) other users of the services a non-exclusive, free, unlimited, worldwide license, subject to mandatory statutory remuneration claims, to view the user content and, if necessary, to use it to create further user content as part of the use of the platform. The license is limited to use for entertainment purposes or other private, non-commercial purposes. It includes in particular the modification, adaptation, reproduction and downloading of the user content, the creation of derivative works, and the publication and/or transmission and/or distribution of all or part of the user content in its original or edited form, in all formats and on all platforms, whether already known or later developed, provided that this is done for the entertainment or other non-commercial purposes described above and that copyrighted content is not distorted by any editing.

(iii) We may further develop the platform or offer it on other technical devices and in other media. The license therefore entitles you to use the user content for the provision of the services and the operation of the platform on all technical devices and in all media currently known and available in the future, in particular on mobile phones and other mobile devices, personal computers, devices for displaying virtual reality applications, TV sets, game consoles, playback devices or applications installed in vehicles, "smart glass" glasses, smart watches and all other devices for displaying and playing media.

9.22 You further grant us a royalty-free license to use your username, image, voice and likeness to identify you as the source of your User Content. You may withdraw your consent at any time.

9.23 For the avoidance of doubt, the rights granted in the preceding paragraphs of this clause include, in particular, the rights to reproduce sound recordings (and to make mechanical copies of the musical works embodied in such sound recordings) and to publicly perform and communicate such sound recordings (and the musical works embodied in such sound recordings) to the public, in all cases on a royalty-free basis. This means that you grant us the right to use your User Content without being obliged to pay any royalties to you or any third party. Such third parties include, but are not limited to, the copyright owner of the sound recording (e.g., a music label), the copyright owner of the musical work (e.g., a music publisher), a performance rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “collecting society”), a sound recording collecting society (e.g., SoundExchange), trade unions or guilds, and engineers, producers, or other parties who may have been involved (knowingly or otherwise) in the creation of User Content.

9.24 Special rules for musical works and musicians. If you are a composer or author of a musical work and you are associated with a collecting society, you must inform your collecting society of the royalty-free license you grant to us in accordance with these Terms of Use in your User Content. It is your sole responsibility to ensure that you comply with the notification obligations and any other terms of the agreement with that collecting society to which you are subject. If you have assigned your rights to a music publisher, you must obtain the consent of that music publisher to grant the royalty-free licenses granted under these Terms of Use for your User Content. Alternatively, you may arrange for the music publisher to enter into an agreement directly with us subject to these Terms of Use. The mere fact that you are the author of a musical work (for example, you have written a song) does not mean that you are entitled to grant us the licenses described in these Terms of Use. If you are a musician signed to a music label, you are responsible for ensuring that your use of the Services complies with any contractual obligations you have with that music label, including any agreements applicable to any new sound recordings you make through the Services to which your music label may assert rights.

9.25 Moral Rights. You agree to exercise any moral rights with respect to the use of copyrighted works only in a manner customary in the industry. For example, the right to be credited as the author of a work will be limited to such credit as is customary in the industry.

9.26 Where we are required to do so by law or where permitted by applicable law, we will disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services infringes their intellectual property rights, personality rights, image rights or right to privacy.

9.27 We reserve the right to cut, shorten, edit or refuse to publish your User Content at our discretion. Our right to edit your User Content does not permit us to make any such edits that distort any work owned by you or otherwise interfere with your rights to the integrity of such work under Section 14 of the Copyright Act.

9.28 We have the right to remove, prohibit, block or delete your contributions on our platform if, in our opinion, the contributions do not meet the standards described in Section 7 of the Terms of Use. In addition, we have the right not to publish, to remove, prohibit, block or delete your User Content if (i) we believe that it violates the Terms of Use or (ii) otherwise violates any law or the rights of a third party. We therefore recommend that you save copies of all User Content that you publish within the Services on your private devices. This is the only way to ensure that you have ongoing access to it.

9.29 We make no guarantees regarding the accuracy, integrity, appropriateness or quality of any User Content.

9.30 You determine whether your User Content is made publicly available through the Services to all other users of the Services or only available to certain people you specify. By default, your User Content is only available to you. However, you can make selected User Content available to users who are members of the same groups as you. For more information, navigate to the FAQs within the Services and follow the clear and simple explanations there.

9.31 TRICHTR provides a platform that allows users to publish their own content. You are responsible for the content or information you publish on the Services. TRICHTR is only responsible or liable for such content if TRICHTR has adopted such content as its own.

9.32 If you wish to complain about information and materials uploaded by other users, or if there are any other matters you wish to raise with us, please email us at info@trichtr.de .

9.33 Our employees are continually working to develop and evaluate our own product ideas and features, but we also take pride in paying close attention to the interests, feedback, comments and suggestions brought to us by the user community. If you choose to send us or our employees ideas for products, services, features, modifications, improvements, content, refinements, technologies, content offerings (e.g. audio, video, games or other types of content), promotions, strategies or product/feature names or related documentation, graphics, computer code and diagrams or other materials (collectively, "Feedback"), the following provisions apply to ensure that you and we have a clear understanding of the status of such Feedback.

9.34 If you send us feedback, you grant us a non-exclusive, royalty-free, fully transferable (including sublicensing), perpetual and worldwide right to use your feedback to provide you with and improve our Services. We have no obligation to view, review or implement your feedback or to return your feedback or any part of it to you.

  1. liability exemption

You agree to indemnify and hold TRICHTR and its respective officers, directors, employees, agents and consultants harmless from and against all claims, liabilities, costs, damages, losses and expenses (including, without limitation, attorneys' fees) arising out of or relating to: A breach of these Terms of Use by you (or any user of your account), including, without limitation, a breach of your obligations, representations and warranties under these Terms of Use.

  1. DISCLAIMER OF WARRANTY

NO PROVISION OF THESE TERMS OF USE AFFECTS YOUR STATUTORY RIGHTS: (I) RIGHTS THAT CANNOT BE MODIFIED OR WAIVED BY CONTRACT AND (II) RIGHTS TO WHICH YOU ARE ALWAYS ENTITLED AS A CONSUMER UNDER ALL CIRCUMSTANCES.

THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • THE INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES IS ACCURATE OR RELIABLE OR ERROR-FREE AND
  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE NOT INTENDED TO BE COMPLIANT WITH ANY CONDITION, REPRESENTATION, WARRANTY, STATEMENT OR OTHER TERM EXCEPT THOSE EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO A DESCRIPTION. WE MAY CHANGE, DISCONTINUE, WITHDRAW OR LIMIT THE AVAILABILITY OF THE PLATFORM IN WHOLE OR IN PART AT ANY TIME FOR BUSINESS OR OPERATIONAL REASONS. WE ARE NOT OBLIGED TO PROVIDE ANY CORRESPONDING ANNOUNCEMENT.

  1. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES TO THE EXTENT THAT EXCLUSION OR LIMITATION WOULD NOT BE LAWFUL UNDER APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

  • SUBJECT TO THE ABOVE SECTION, WE WILL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER LEGAL THEORY OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE PROVISION OR RECEIPT OF THE SERVICES: (I) LOST PROFITS; (II) LOSS OF GOODWILL; (III) LOSS OF OPPORTUNITY; (IV) LOSS OF DATA; (V) LOSS OF BUSINESS; (VI) BUSINESS INTERRUPTION; (VII) LOSS OF BUSINESS REPUTATION; OR (VIII) INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
  • SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OTHER LEGAL THEORY OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE PROVISION OR RECEIPT OF THE SERVICES, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID TO TRICHTR DURING THE 12 MONTHS IMMEDIATELY PRECEDING YOUR CLAIM AGAINST TRICHTR, OR (II) 100.00 EUROS.
  • YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, WE WILL NOT BE LIABLE TO YOU FOR ANY LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT FEES), COSTS OR DAMAGES INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING, WHETHER THIS EXCLUSION APPLIES TO LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHER LEGAL THEORY: YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISERS OR SPONSORS WHOSE ADVERTS ARE DISPLAYED WITHIN THE SERVICES; CHANGES WE MAKE TO THE SERVICES OR THE PERMANENT OR TEMPORARY DISCONTINUATION OF PROVIDING THE SERVICES (OR ANY FEATURE OF THE SERVICES); DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED AS A RESULT OF YOUR USE OF THE SERVICES; ANY FAILURE BY YOU TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION OR ANY FAILURE BY YOU TO KEEP YOUR PASSWORD OR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE PROVIDE OUR PLATFORM FOR DOMESTIC AND PERSONAL USE ONLY. YOU UNDERTAKE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS WE HAVE GIVEN YOU EXPRESS WRITTEN CONSENT TO DO SO.

IF ANY DEVICE OR DIGITAL CONTENT OWNED BY YOU IS DAMAGED BY DEFECTIVE DIGITAL CONTENT PROVIDED BY US AND THIS IS DUE TO OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE ARE LIABLE TO EITHER REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE FOR FOLLOWING OUR INSTRUCTIONS REGARDING RETURNING THE DEVICE TO US OR OUR SERVICE PROVIDER) OR PAY YOU REASONABLE COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO INSTALL AN UPDATE OFFERED TO YOU FREE OF CHARGE, NOR WILL WE BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM YOUR FAILURE TO FOLLOW THE INSTALLATION INSTRUCTIONS OR TO MEET THE MINIMUM SYSTEM REQUIREMENTS WE RECOMMEND.

THESE LIMITATIONS ON OUR LIABILITY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES OCCURRING.

YOU ARE RESPONSIBLE FOR ALL MOBILE PHONE CHARGES INCURRED BY YOUR USE OF OUR SERVICES, INCLUDING TEXT MESSAGE AND DATA CHARGES. IF YOU ARE UNSURE OF WHAT SPECIFIC CHARGES MAY APPLY, YOU MUST CHECK WITH YOUR MOBILE PHONE PROVIDER BEFORE USING THE SERVICES.

  1. Other provisions
  • Termination of services TRICHTR endeavors to enable trouble-free operation of the app and to keep it available as permanently as possible, but points out that complete or uninterrupted availability is technically not feasible and therefore does not guarantee trouble-free operation or a certain level of availability. In particular, TRICHTR can restrict access without giving reasons - in whole or in part, temporarily or permanently. Furthermore, there is no right to maintain individual functionalities of the app itself. TRICHTR is entitled at any time to change or remove content, services and functionalities provided within the app and to make new content, services and functionalities available or to discontinue the app altogether; this also includes the introduction of a fee for all or certain services or their partial or complete discontinuation. In the event of a significant change to the services or the complete and permanent discontinuation of these, we will inform you in a transparent manner at least four (4) weeks before this date.
  • Applicable law and place of jurisdiction
    • Persons residing in the EEA and Switzerland These Terms of Use and any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with the subject matter of these Terms of Use shall be governed by the laws of Germany. In addition, the law of the country of your residence shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods shall not apply, nor shall any other similar laws, regulations or statutes applicable in other jurisdictions. You and TRICHTR agree to the non-exclusive jurisdiction of the courts of Germany for the settlement of any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with these Terms of Use, the subject matter of the contract or its formation. This is subject to any mandatory local law applicable in the country of your residence or contractual jurisdiction agreements that cannot be waived.
    • The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
  • Open Source The apps contain certain open source software. This open source software is subject to its own applicable license terms. You can find these in our app under Settings and Open Source.
  • Entire Agreement These Terms of Use (including the supplemental terms below) constitute the entire legal agreement between you and TRICHTR. They supersede any prior applicable terms or conditions of use that applied to the Services prior to the "Effective Date" above.
  • No Waiver Our failure to insist on or enforce any provision of these Terms of Use (or to exercise any other right or remedy under these Terms of Use) will not operate as a waiver of any provision or right under these Terms of Use, nor will it prevent or limit the future exercise of that or any other right or remedy.
  • Security You are responsible for configuring your information technology, computer programs and your own platform to enable you to access our Platform. You should use your own virus protection software.
  • Severability If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, illegal or unenforceable, that provision will be deemed to be severed from these Terms of Use. The remaining provisions of these Terms of Use will remain valid and enforceable.
  • Consequences of Termination In the event of termination of the legally binding agreement between you and us, the following provisions of the Terms of Use will remain in effect beyond termination:
    • Our right to use and disclose Feedback as described in Section 9.
    • The rights of other users to continue to re-share User Content and other information that you have shared with others through the Services to the extent that you shared it with others prior to termination.
    • All amounts owed by you to TRICHTR.
    • The numbers 10, 11, 12 and 13.

  1. Special Local Regulations

If the following provisions do not correspond to the provisions of the previously described terms of use, the following provisions shall prevail.

For users residing in the Federal Republic of Germany, the following applies instead of the previous paragraphs 10, 11 and 12:

TRICHTR is liable for damages exclusively in accordance with this clause. We are liable without limitation for damages resulting from injury to life, body or health that are based on an injury by one of our legal representatives or agents, as well as for damages resulting from non-compliance with a quality guarantee or in the case of fraudulent misrepresentation. We are liable without limitation for damages caused by us, our legal representatives or agents through intent or gross negligence. In the event of a slightly negligent breach of a main contractual obligation, we are liable, except in the above cases, only up to the amount of the typically foreseeable damage. In abstract terms, main contractual obligations are those obligations whose compliance makes the proper fulfillment of the contract possible in the first place and on whose compliance a contracting party can regularly rely. Liability under the Product Liability Act remains unaffected. The limitation period for claims for damages is one year, except in the above cases of this clause, in which the statutory limitation periods apply. The statutory warranty rights apply.

Supplementary Terms – App Stores

To the extent permitted by applicable law, the following additional provisions apply:

Google Play By downloading the Google Play platform (or its successors), operated by Google, Inc. or one of its affiliates (“ Google ”), you specifically acknowledge and agree to the following:

  • In the event of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or any other terms that Google establishes as standard end user license terms for Google Play (collectively, the “ Google Play Terms ”), and (b) any other terms and conditions of these Terms of Service, the Google Play Terms will govern with respect to your use of the Platform downloaded from Google Play.
  • You hereby acknowledge that Google has no responsibility or liability with respect to any compliance or non-compliance by TRICHTR or you (or any other user) with these Terms of Use or the Google Play Terms.