Terms of Use and License Conditions

for the mobile app “CHLNGE”

The posting, implementing, commenting and evaluation of challenges and the generation and sharing of content requires the responsible use of our mobile app. This is why all users must explicitly agree to these Terms of Use and License Conditions.

The most important aspects have been summarized for you. This summary is not complete and not final. The detailed Terms of Use and License Conditions result from the subsequent conditions from this summary.

All users are responsible for damages caused themselves or caused to third parties with respect to their lives, bodies and health during the performance of a challenge in the frame of the conditions of these Terms of Use and License Conditions. Official authorities (e.g. police or emergency medical services) are to be contacted in case of a medical emergency or in other emergencies during the use of the app. The app is not designed to answer emergency calls.

Dangerous challenges that go beyond the individual skills of the acting or performing individual, as well as challenges that constitute an offense are forbidden. Content that contains pornographic, inadequate sexual or violent, extremist, discriminatory, suicide-promoting presentations or content that degrades other persons or groups of persons, contains bullying, drug consumption, spam or malicious code (“viruses”) distribution, infringes laws or these Terms of Use and License Conditions or contains otherwise inadequate or offensive content is forbidden. Content that is not related to challenges is forbidden. Users must not instigate, convince or force others to do such challenges or to generate, use or distribute such content.

Users must ensure that they have the right to content in order to upload it to the Internet, edit and distribute it, in line with these Terms of Use and License Conditions. This particularly applies to all required rights of use and exploitation rights for trademark protected or otherwise protected material, such as for instance videos and images.

CHLNGE implements adequate measures in order to detect and filter infringements against the Terms of Use and License Conditions. In particular, CHLNGE reserves the right to block content and possibly users who infringe these conditions without notice or delete content and user accounts. Users can tag such content and notify CHLNGE. CHLNGE reacts to the notification of such content within 24 hours.

1. Inclusion of the Terms of Use and License Conditions

1.1 The CHLNGE GmbH, Dolivostraße 17, 64293 Darmstadt, Germany, email: info[at]chlnge.app, phone: 0049 (0)6151 6290120, Germany (hereinafter called “CHLNGE”) provides its software application CHLNGE App (hereinafter called “mobile app”) for smart phones and tablets (called hereinafter “mobile devices”) solely based on the following Terms of Use and License Conditions (hereinafter called “Terms of Use”) for download, installation and limited use.

1.2 In some cases the download and the installation of mobile apps may require accepting special Terms of Use of the App Stores. In the case of contradictions with these Terms of Use the special Terms of Use of the App Stores have priority.

1.3 Contract partner of CHLNGE according to these Terms of Use is that person who downloads the app from the App Store and installs it on their mobile device (Contract partner and CHLNGE are hereinafter called “Contract parties”). Other persons that are provided access to the app on the mobile device of the contract partner are not called contract partners of CHLNGE but users (called hereinafter “user”). A contract partner who is a natural person is also called user. The contract partner and their users may not have partially or fully limited legal capacity. Contract partners and users that are minors require prior consent of the parents or legal guardians. Only if the requirements of Article 1.3 are met, the person may use the app.

1.4 The contract partner will independently and actively inform the user, who is using the app on the contract partner’s mobile device, of these Terms of Use and the Data Privacy Information and ensure their consent to the Terms of Use prior to use.

1.5 These Terms of Use shall not create rights for or against third parties. They are exclusively valid between the contract parties. In particular there will be no rights against the manufacturer of a mobile device, on which the mobile app will be used, the operating system provider or against an App Store.

1.6 With the use of the app, the contract partner agrees to the valid version of the Terms of Use. The user must additionally expressively accept them during the registration process according to Article 2 via mouse click.

1.7 If the contract partner or a user does not agree to be bound to these Terms of Use, they may not use the app.

1.8 The Terms of Use are valid as of June 01, 2020. Future changes of these Terms take place in accordance with Article 15.

2. Registration

2.1 The contract partner must register via the mobile app prior to the first installation of a mobile app. There are different registration options to be chosen from. These are currently a registration via email address, via an existing Facebook account via “Facebook-Login“, via an existing Google account via “Google Sign-In“ or via an existing Apple account with “Login with Apple“. Further information can be found in the Data Privacy Information.

2.2 All information provided during the registration must be accurate and complete.

3. Download of the Mobile App via an App Store

3.1 The provision of the mobile app takes place for the installation on a mobile device and for the subsequent use on the Internet. The mobile app can either be downloaded in the Google Play Store or in the Apple App Store. The Google Play Store is operated by Google LLC, Amphitheatre Parkway 1600, 94043 Mountain View, CA, USA (“Google”), www.google.com, the Apple App Store by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, www.apple.com and its affiliated companies (Apple App Store and Google Play Store are used without differentiation and are called “App Store” in these Terms of Use).

3.2 To some extent, there are additional conditions for the use of an App Store on the part of Google or Apple. CHLNGE is neither responsible for these conditions nor can CHLNGE influence them. CHLNGE is not affiliated with the owners or operators of the App Stores and does not represent them.

3.3 The contract partner recognizes that the owners and operators of the App Stores are not obliged to provide support or maintenance for the mobile app. All rights and obligations in accordance to these Terms of Use are between the contract partner and CHLNGE. The contract partner can contact CHLNGE under the above mentioned contact information or via the mobile app in case of questions.

4. Installation of a Mobile App, Technical Requirements

4.1 The mobile app is exclusively provided for the installation and use on a mobile device that belongs to the contract partner or underlies their legitimate control. The used mobile devices must be registered with an app store in the sense of Article 3.1.

4.2 The current version of the operating system Google Android or Apple iOS must be installed on the mobile device. The mobile app may function on other operating systems and/or versions, however a full functionality, as well as a complete and accurate reproduction of information is technically not ensured.

4.3 It is the responsibility of the contract partner to ensure that the used mobile devices are appropriate for the use of the App Store and the mobile app, all relevant access privileges are granted and that, for instance, no installation or usage-compromising third-party software is installed on a mobile device. The installation of the mobile app may not be interrupted or modified as a correct installation and use will otherwise be prevented or it may lead to data loss on the mobile device.

5. Use of the Mobile App

5.1 The contract partner and users may only use the mobile app for legal purposes while respecting all applicable and valid laws and terms of use and only in the frame of the expressively or visibly intended possible uses or purposes of the mobile app.

5.2 Dangerous challenges that go beyond the individual skills of the acting or performing individual, as well as challenges that constitute an offense are forbidden. Content that contains pornographic, inadequate sexual or violent, extremist, discriminatory, suicide-promoting presentations or content that degrades other persons or groups of persons, contains bullying, drug consumption, spam or malicious code (“viruses”) distribution, infringes laws or these Terms of Use or contains otherwise inadequate or offensive content is forbidden. Content that is not related to challenges is forbidden. The contract partner and users must not instigate, convince or force others to do such challenges or to generate, use or distribute such content.

5.3 Contract partners and users must ensure that they have the right to content in order to upload it to the Internet, edit and distribute it, in line with these Terms of Use. This particularly applies to all required rights of use and exploitation rights for trademark protected or otherwise protected material, such as for instance videos and images.

5.4 The improper use of the mobile app is forbidden, for instance the decompiling or hacking of the mobile app or of the IT systems of CHLNGE, as well as the disclosure of information provided via the mobile app to third parties of similar or identical mobile apps or information offers.

5.5 CHLNGE implements adequate measures in order to detect and filter infringements against these Terms of Use. In particular, CHLNGE reserves the right to block content and possibly users who infringe these conditions without notice or delete content and user accounts. Users can tag such content and notify CHLNGE. CHLNGE reacts to the notification of such content within 24 hours.

5.6 CHLNGE can forbid the further usage of the service to the contract partner and every user at any time if CHLNGE notices a possible use that interrupts the flawless technical availability or integrity of the mobile app. In case of a blockage the mobile app cannot and may not be used, neither under a new installation.

5.7 Official authorities (e.g. police or emergency medical services) are to be contacted in case of a medical emergency or in other emergencies during the use of the mobile app. The mobile app is not designed to answer emergency calls.

5.8 The contract partner is obliged to inform and notify CHLNGE immediately of any improper use of their mobile app and security-relevant events in relation with the use of the mobile app.

6. Quality Structure

The contract partner is provided with the mobile app in the state it is at the time of the download from the App Store (“as is”). The quality structure and function of the mobile app result from the function description of the mobile app and the information of the website https://chlnge.app/.

7. Compensation, Costs

7.1 The download and the installation of the mobile app are free of charge.

7.2 Costs can occur during the use of the mobile app depending on the used cellular service or data plan connection charges based on the contract with the respective access provider. The use takes place without compensation of CHLNGE by the contract partners or users.

8. Rights of Use

8.1 The contract partner acquires a non-exclusive limited right to use the mobile app for themselves in the program code worldwide for the duration of this contract. Further rights, particularly for partial or complete editing, use, transfer to third parties or sublicensing, do not exist. This does not apply to the relationship of the contract partner and their legitimate users, who are using the mobile app on the mobile device of the contract partner, with respect to the sublicensing. In this case the contract partner may grant the users the right of use that they derived depending on the type and extent of use.

8.2 The right of use does in no case include the disclosure of the source code. Article 69 lit. d) and lit. e) German Copyright Law (UrhG) remain untouched thereof.

8.3 CHLNGE acquires a free of charge, non-exclusive, permanent and irrevocable right of use for the copyrighted or otherwise legally protected content that is published by the contract partner or a user on the mobile app in order to render the respective function of the mobile app and in the respectively required extent. This includes for instance the storage and provision of such content on a server in order to be able to display or transmit it to other users and authorized recipients. The Right of Use therefore particularly includes the right to utilize and technically multiply the content or to edit it accordingly so that the desired quality can be displayed via the mobile app to other users and authorized recipients.

8.4 If the contract partner or users publish their own content on the mobile app, it has to be ensured by them that they possess all the required rights, particularly the rights of use of copyrighted or otherwise protected material such as for instance of videos or images.

8.5 The software of the mobile app may not be reverse engineered nor may it be tried to extract the source code in any other way.

8.6 If there is open source software contained in the mobile app, the license conditions of this software can have priority over the copyright terms of use of CHLNGE.

8.7 A breach of the conditions of these Terms of Use entitles CHLNGE to recall the Right of Use and to terminate this contract without notice unless only an insignificant breach is present.

9. Actuality of Information

All information is delivered via the mobile app with a timely delay due to technical reasons, which can take several minutes or longer in rare cases. Information can therefore not be considered to be real time requests.

10. Ausschluss und Einschränkung von Gewährleistung und Haftung

10.1 The contract partner is solely and fully responsible for all actions that are carried out while using the mobile app on their mobile device.

10.2 Due to the nature of the Internet, the necessity of using a telecommunication connection through a third service provider for the use of the mobile app, as well as the necessity of the interaction with the individual mobile device of the user, other software and other computer systems, CHLNGE cannot ensure a continuous, uninterrupted availability of the mobile app and the display of content. Information is partially displayed with a delay.

10.3 The mobile app is mainly intended for creative, joy and happiness, promoting the display of content and information of the users and CHLNGE. All depictions of the mobile app are purely non-binding with respect to the content. CHLNGE is however striving to display information in the frame of these Terms of Use correctly, completely and securely. Nevertheless, it cannot be excluded that information is incomplete, incorrect, or no longer up-to-date, e.g. because information or data of third parties was changed or published wrong. Therefore, CHLNGE does not assume warranty or liability for the completeness, correctness, integrity and actuality of the content published via the mobile app.

10.4 The contract partner and the users acknowledge that no warranty or liability claims of CHLNGE against other users exist, via whom recourse can be taken.

10.5 CHLNGE does not assume warranty or liability for any quality defects and defects of the mobile app.

10.6 CHLNGE does not assume warranty or liability for damages through the installation or the use of the mobile app on a mobile device or the stored data.

10.7 CHLNGE does not assume warranty or liability that the mobile app is free from viruses or malicious code as the administration of the App Stores, their provision for a download and the interaction with other software during the use on the mobile device are not subject to the control of CHLNGE. CHLNGE is striving however to provide technical safety with adequate measures considering the state of the art in their domain and within their capabilities.

10.8 CHLNGE does not provide expressive or implicit warranties or assurances.

10.9 The following applies if, despite the above mentioned regulations in Article 10, a liability for compensation by CHLNGE takes effect:

In case of a minor negligence, the liability claim to be paid by CHLNGE is excluded, particularly for indirect damages, consequential damages or lost profit.

In case of minor negligence and infringement of essential contractual obligations by CHLNGE, the liability is limited to the foreseeable damages typical for this type of contract independent of the previous sentence.

The liability is limited to a maximum amount of EUR 1,000 in case of minor negligence. This maximum amount also applies to sequential cases.

All limitations and exclusions of warranties and liabilities shall apply for the benefit of all current and former bodies, workers, employees, performing agents and vicarious agents of CHLNGE (e.g. for managing directors, employees and freelancers), regardless of the legal grounds on which claims are asserted against them.

10.10 Aforesaid exclusions and limitations of Article 10 do not apply in case of liability of CHLNGE according to the product liability law or intentional or grossly negligent breaches of duty or the violation of life, body or health of a person because of CHLNGE. The contract partner and all users are responsible for damages caused themselves and for damages caused to the life, body and health of third parties when carrying out a challenge according to Article 10.

11. Infringement of Proprietary Rights

The contract parties will notify each other without undue delay in case of an imminent infringement of proprietary rights or other legal infringements in connection with the use of the mobile app, particularly, if any claims are made against a party or if there is evidence that it is about to happen. The contract parties may not settle, provide acknowledgments or make other concessions without the written consent of the other party with respect to the asserted claim. If a claim or proceedings are instituted due to an infringement of rights or are imminent based on sound judgment, CHLNGE may take measures at its own cost to avoid the infringement or the alleged infringement of these rights. This can be achieved by CHLNGE, particularly through unprotected modification or replacement of a service or through acquiring a license which permits the use.

12. Copyright, Protection of Trademarks and Labels, Rights of Use

12.1 Copyright 2020 © by CHLNGE GmbH, Dolivostraße 17, 64293 Darmstadt, Germany. All rights reserved.

12.2 All texts, images, graphics, animations, videos, sounds and other protectable elements of the mobile app, their design and all content published within are subject to copyright law and possibly other laws to protect intellectual property. They may not be copied, amended, passed on, published, processed or otherwise used for trade purposes or other possible uses of the mobile app beyond the granted rights of use according to Article 8 of these Terms of Use.

12.3 Protected trademarks, labels and elements of the app are usually not indicated as such. The lack of such an indication does not imply that trademarks, labels and elements are not protected. CHLNGE, its associated companies or third party holders own the stated trademark and labeling rights of the app, unless indicated otherwise.

12.4 The offer to use the mobile app does not grant the right to use protected elements that go beyond the rights of use according to Article 8.

13. Duration and Cancellation

13.1 These Terms of Use are valid for an indefinite period.

13.2 CHLNGE and the contract partner can cancel the user relationship at any time. The contract partner is given the opportunity beforehand to back-up their content. The cancellation can be submitted in text form, i.e. via email, or via message on the mobile app.

13.3 Persons who still have the mobile app installed on their mobile device after the cancellation will uninstall it from their mobile device immediately.

14. Termination or Change of the Mobile App

14.1 The provision of a mobile app is a voluntary service. There is no legal right to its continuance.

14.2 CHLNGE reserves the right to partially or fully, temporarily or permanently, change, supplement or limit the mobile app after prior notice considering the interests of the contract partner. This applies to a mobile app downloaded again from the App Store or the download of software updates (called hereinafter “updates”) of the mobile app. A direct change of the mobile app on the mobile device through CHLNGE does not take place.

14.3 If updates are released for the mobile app, they must possibly be installed first in order to continue the safe, uninterrupted use to its full functional form. As a general rule, updates are intended to improve the operating comfort, the expansion of functions or the elimination of possible safety or legal deficiencies. The cancellation option according to Article 13 remains untouched thereof.

14.4 The import of updates depends on the App Store, its access software and the individual mobile devices of the contract partners. Updates cannot be solely initiated by CHLNGE, but must be agreed to by the contract partner, if necessary in the settings of their mobile device.

15. Change of these Terms of Use

CHLNGE reserves the right to change or add to these Terms of Use in parts or as a whole, particularly in order to eliminate regulatory loopholes due to new laws, new jurisdictions or new functions of the mobile app. The contract partner is informed accordingly via the email address provided during registration. They can download a storable version of it. The contract partner has the right to submit an explicit declaration with regards to the amended Terms of Use within one month after receipt of the notification or to terminate the user relationship in accordance with Article 13. CHLNGE will inform the user of the right of termination together with the announcement. The new Terms of Use are effective one month after receipt of the notice. The existing Terms of Use are in effect until the termination takes effect. Article 13 remains untouched thereof.

16. Data Privacy

CHLNGE observes all applicable data privacy laws when processing personal data, particularly the EU General Data Protection Regulation (EU GDPR). Detailed information according to Article 13 EU GDPR for the data processing in association with the use of the mobile app can be retrieved here , and a storable version can be downloaded.

17. Applicable Law and Place of Jurisdiction

17.1 The download, the installation and the use of the mobile app, as well as these Terms of Use are subject to the law of the Federal Republic of Germany under the exclusion of the UN Sales Convention

17.2 If the contract partner is a user, all disputes due to or in association with these Terms of Use or the use of the mobile app are subject to the legal regulations with respect to the place of jurisdiction. Darmstadt/Germany is the place of jurisdiction, if permissible, if the contract partner is an entrepreneur.

18. Severability Clause

18.1 It does not affect the effectiveness of the other terms or the Terms of Use as a whole, should one term of these Terms of Use be or become partially or fully ineffective, unenforceable or incomplete.

18.2 In the presence of an ineffective, unenforceable or incomplete term, the contracting parties shall agree to one term at reasonable discretion that considers the interest of both contract parties and the aspired contract purpose adequately.

18.3 Article 18.1 and 18.2 come into effect if one term is ineffective due to its temporal, personal, spatial, material scope or with respect to the amount.