Terms

§ 1 Scope and Subject Matter

(1) These Terms and Conditions (hereinafter "Terms") apply to the use of the mobile application "Snakken" (hereinafter "App") and all related services and features (hereinafter collectively "Services"), provided by:

Dennis Post
Lilistraße 67
63067 Offenbach am Main
Germany

(hereinafter "Provider," "we," or "us").

(2) The Services encompass all current and future features of the App, including but not limited to the local feed, content publication (text, images, video, live streams), places, communication features, and any premium features. The specific scope of features is determined by the current version of the App.

(3) These Terms apply to consumers within the meaning of § 13 BGB (German Civil Code).

(4) Deviating, conflicting, or supplementary terms of users shall not become part of the contract unless we expressly agree to their applicability in writing.

§ 2 Contract Formation and Registration

(1) Use of the App requires registration. By completing the registration process, a user agreement is concluded between you and the Provider.

(2) Registration is only permitted for persons who have reached the age of 16. By registering, you confirm that you are at least 16 years old.

(3) You are obligated to provide truthful and complete information during registration and to keep it up to date.

(4) Each natural person may maintain only one user account.

(5) We reserve the right to reject registrations without stating reasons.

§ 3 Description of Services

(1) The App provides a hyperlocal social network: content you publish is visible to people in the same geographic area — your neighbourhood, not a global audience. Some posts are ephemeral and are automatically deleted when they expire.

(2) Basic functionalities of the App are provided at no charge. Enhanced features ("Premium Features") may be offered for a fee; their scope, availability, and prices are transparently displayed in the App before any purchase is completed.

(3) We reserve the right to expand, modify, or restrict the scope of features at any time, provided this is reasonable for the user. Substantial restrictions to already-paid Premium Features during a current billing period are excluded.

(4) We do not guarantee any specific availability of the App. We strive to provide uninterrupted use but reserve the right to perform maintenance and accept technically caused downtime.

§ 4 Premium Features and Payment Terms

(1) Where Premium Features are offered, payment processing is handled exclusively through the in-app purchase systems of Apple (App Store) or Google (Google Play Store). The terms of the respective platform operator additionally apply. We have no access to your payment data.

(2) Subscriptions automatically renew for the selected billing period unless cancelled before the end of the current period. Cancellation is made through the subscription management of the respective app store and is possible at any time, effective at the end of the current billing period.

(3) Price changes apply only to future billing periods and will be communicated at least 30 days before taking effect.

§ 5 User Obligations and Responsibility

(1) You are solely responsible for all content you publish or transmit through the App.

(2) You agree not to misuse the App. In particular, the following is prohibited:

• Providing false or misleading information about yourself, especially regarding your age.
• Publishing content that violates applicable law, in particular criminal, racist, discriminatory, insulting, threatening, pornographic, or violence-glorifying content.
• Publishing content that infringes the rights of third parties, in particular copyrights, trademark rights, or personal rights.
• Using the App for commercial purposes unless expressly permitted by us.
• Performing automated access to the App (bots, scraping, crawling).
• Harassing, threatening, coercing, or interfering with other users' use of the App.
• Collecting, storing, or sharing data of other users without their consent.
• Misrepresenting your location or circumventing the neighbourhood-based visibility of content.
• Distributing malware or impairing the technical infrastructure of the App.

(3) You are obligated to protect your user account from unauthorized access and to keep authentication means confidential.

(4) You indemnify the Provider against all third-party claims asserted due to culpable breach of your obligations under these Terms.

§ 6 User-Generated Content and Rights

(1) You retain all rights to the content you upload. By uploading, you grant us a simple, revocable, non-exclusive right of use, limited in territory and time to the duration of the contract, to the extent necessary for the provision of the Services (e.g., displaying your posts to people in your area, caching, media delivery).

(2) We are entitled to review content you upload and to remove or restrict access to such content without prior notice in the event of a violation of these Terms or applicable law.

(3) Any further use of your content (e.g., for advertising purposes) will not occur without your separate consent.

§ 7 Suspension and Termination

(1) The user agreement is concluded for an indefinite period.

(2) You may terminate your user agreement at any time without notice by deleting your account through the App. Upon account deletion, your personal data will be deleted in accordance with our Privacy Policy.

(3) We may terminate the user agreement with 14 days' notice, effective at the end of the month.

(4) We are entitled to temporarily suspend access to the App or to terminate the user agreement without notice if you breach material obligations under these Terms, endanger other users, or if this is necessary to protect other users or the integrity of the platform.

§ 8 Liability

(1) We are liable without limitation for damages arising from injury to life, body, or health caused by intentional or negligent breach of duty, as well as for damages caused by willful misconduct or gross negligence.

(2) In the case of slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the foreseeable, contract-typical damage. Our liability for slight negligence is otherwise excluded.

(3) As a platform operator, we take reasonable measures to detect, remove, and prevent the dissemination of unlawful content. However, no general, unsolicited monitoring of all user content takes place, and we cannot guarantee that the App is free of unlawful content at all times. Upon becoming aware of unlawful content, we will review it without delay and, where appropriate, remove it.

(4) In the case of content or behavior giving rise to a suspicion of criminal activity, we reserve the right to file criminal complaints with the competent law enforcement authorities and to transmit the data required under applicable law.

(5) We are not liable for the accuracy of information provided by users, nor for the behavior of users outside the App. Liability under the German Product Liability Act remains unaffected.

§ 9 Automated Analysis, Content Moderation, and Use of AI

(1) We employ automated processes to ensure platform safety and protect users from unlawful or harmful content: detection and filtering of content that violates these Terms or applicable law, detection of fake profiles and bots, and analysis of uploaded media for unlawful content.

(2) These automated processes may result in content being removed, restricted, or not displayed, or in user accounts being temporarily restricted.

(3) Automated decisions that have significant effects on your user account (in particular permanent suspensions) are reviewed by a human before implementation. You have the right to request a review by a natural person and to contest the decision.

§ 10 Reporting Illegal Content and Right to Complaint (DSA)

(1) Pursuant to Regulation (EU) 2022/2065 (Digital Services Act), we provide an easily accessible reporting mechanism through which you can report content you consider unlawful, accessible through the designated function in the App.

(2) Reports are reviewed promptly. In the case of obvious legal violations, the reported content is removed or blocked without delay.

(3) If content you have uploaded is removed or restricted, we will inform you of the reasons. You have the right to lodge a complaint against the decision; it will be reviewed by a natural person not involved in the original decision.

(4) Independently of our internal complaint procedure, you have the right to invoke an out-of-court dispute resolution body pursuant to Art. 21 DSA or to contact the competent national Digital Services Coordinator (Bundesnetzagentur in Germany).

§ 11 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy, which is an integral part of these Terms.

§ 12 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Dennis Post, Lilistraße 67, 63067 Offenbach am Main, Germany, email: hello@snakken.app) by means of a clear statement of your decision to withdraw.

The right of withdrawal expires prematurely if we have begun to perform the digital content after you have expressly agreed that we should begin performance before the withdrawal period has expired and you have confirmed your acknowledgment that you thereby lose your right of withdrawal.

Note: for in-app purchases made through the Apple App Store or Google Play Store, the withdrawal provisions of the respective platform operator additionally apply.

§ 13 Amendments to the Terms

(1) We reserve the right to amend these Terms with effect for the future, provided this is objectively justified and you are not unreasonably disadvantaged thereby.

(2) Material amendments will be communicated to you in text form at least 30 days before taking effect. If you do not object within 30 days and continue to use the App, the amended Terms shall be deemed accepted. We will specifically inform you of your right to object in the amendment notification.

§ 14 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory provisions of the law of the state of your habitual residence remain unaffected.

(2) The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.