Terms of Service for the Flockr service

Version Date: December 20, 2024

1. Scope and acceptance of the terms of use

1.1. By using the Flockr service, provided by AtWize Business Services GmbH (hereinafter referred to as “Provider”), you agree to the following Terms of Service.

1.2. The service is offered via the mobile application “Flockr App” and the website www.flockr.de.

1.3. We reserve the right to change these Terms of Service at any time. Changes will be announced in an appropriate manner. Continued use of the Service after the changes come into effect shall be deemed as acceptance of the revised Terms of Use.

2. Description of the service and registration

2.1. Flockr enables users to communicate with each other, to communicate about availability and, among other things, to arrange meetings, to exchange information on location, time, activity and other information on events as well as to organize and communicate with group participants.

2.2. The use of our services requires registration, during which you must provide certain information about yourself. This data must be truthful and complete. Changes to the data provided must be updated immediately in the user profile.

2.3. Furthermore, you must provide certain devices, software and data connections in order to use the services provided by us. These are not provided by us. You may incur fees or costs when using our services (e.g., fees for internet or data tariffs with your internet or mobile phone provider, other fees or taxes arising from your use of our services), for which you are responsible.

2.4. By using our Services, you consent to the manual or automatic downloading and installation of updates to our Services. You also agree that we may send you notifications and messages about our services.

2.5. In order to use our Services, it is necessary that you agree to enable certain settings that allow the Flockr application and the Services to access your devices and the information and data stored on them, such as information and data about your contacts. We will not make this information and data available to third parties without your consent, but will only use it for the use of the Flockr services.

2.6. You must be at least 13 years old to use the services of Flockr or be over the age of 13 that may apply in your country or region to use the Flockr App. If you are under the age of 18, a parent or legal guardian should read these Terms of Service together with you.

2.7. We reserve the right to refuse registrations or to block or delete existing accounts in the event of violations of these Terms of Service.

2.8. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services, solely in accordance with our Terms and solely for the purpose provided therein. This license allows you to use our Services in the manner permitted by our Terms. Except for the licenses and rights expressly granted, no other licenses or rights, implied or otherwise, are granted to you.

3. Obligations of the users

3.1. Legal and ethical use: You agree not to use the Service for criminal, prohibited or other unlawful purposes. It is prohibited to use Flockr to create, distribute or promote content that is:

• Is condescending, derogatory, offensive, defamatory, discriminatory or inhumane,
• Contain vulgar or obscene language,
• Violate applicable laws or the rights of third parties.

3.2. You undertake to communicate respectfully and responsibly with other users and to use the platform exclusively within the scope of the intended functions.

3.3. You may not use our services in any improper or unauthorized manner, whether directly or indirectly, and whether manually or through automated or other methods, that could burden, damage or impair our services, systems, users or other persons. You also may not copy, adapt, modify, distribute, license, redistribute, display, perform, otherwise use or access, create derivative works from, or assist any third party to do so. This includes, but is not limited to, the following actions, which you may not take directly or through automated means:

• Reverse engineer, alter, modify, create derivative works from, decompile or extract code from our Services.
• Send, transmit or store viruses or malicious computer code on our Services.
• Provide or attempt to provide unauthorized access to our Services or systems.
• Interfere with or disrupt the integrity or performance of our Services.
• Create accounts for our Services through unauthorized or automated methods
• Collect information about our users in an improper or unauthorized manner.
• Sell, resell, rent or charge for our Services or any data obtained through them.
• Distribute our Services over a network where multiple devices could access them simultaneously
• Develop software or APIs that function substantially like our Services and offer them to third parties for use without authorization.
• Abuse reporting channels by submitting fraudulent or unsubstantiated reports or appeals.

3.4. You are responsible for maintaining the security of your device and your Flockr account. In the event of unauthorized use or a security incident involving your account or our Services, you are required to notify us immediately and take appropriate steps to stop, prevent or mitigate such misuse to the extent possible.

3.5. In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license. This license allows us to use, reproduce, distribute, create derivative works from, display and perform the information (including content) uploaded, transmitted, stored, sent or received by you on or through our Services. The rights granted by you serve the sole purpose of operating and providing our services - for example, to display your profile picture and status messages, such as time and location availability and also interests or activity suggestions, to transmit and store your messages.

4. Disclaimer

4.1. You use our Services at your own risk and subject to the following disclaimers. We provide our services on an “as is” basis without any express or implied warranties.

4.2. The Provider is only liable as follows: The Provider shall have unlimited liability in cases of willful misconduct, gross negligence and culpable injury to life, limb or health. Notwithstanding the cases of unlimited liability, the provider shall only be liable for slightly negligent breach of duty in the event of breach of essential contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract or whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the other party may regularly rely, but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The above limitations of liability do not apply to liability under the Product Liability Act. The limitations of liability apply accordingly in favor of the employees, agents, representatives, organs and vicarious agents of the provider.

5. Restriction or discontinuation of the Service

5.1. The Provider reserves the right to restrict, change or discontinue the Flockr Service in whole or in part at any time and without prior notice.

5.2. Users are not entitled to continuous availability of the Service.

6. Applicable law and place of jurisdiction

6.1. These Terms of Service shall be governed by the laws of the European Union and, in addition, by the laws of the Federal Republic of Germany.

6.2. The exclusive place of jurisdiction for all disputes in connection with these Terms of Service shall be the registered office of AtWize Business Services GmbH in Germany.

7. Final provisions

7.1. Should any provision of these Terms of Service be invalid, this shall not affect the validity of the remaining provisions.

7.2. These Terms of Service constitute the entire agreement between the Provider and the User in relation to the use of Flockr and supersede all previous agreements.

Contact:

Flockr, a service of AtWize Business Services GmbH

Baaderstrasse 40

80469 Munich, Germany

Info(at)AtWize.com or info(at)flockr.de

By using the Flockr app and the website www.flockr.de, you agree to these Terms of Service and the corresponding consents.

In any case and event, especially in the event of contradiction, the German Version of these Terms of Service prevails.