(1) Trember is provided by Trember GmbH, [c/o Hyazinth LLP, Potsdamer Platz 11, 10785 Berlin, Germany] (hereinafter "Trember", "we" or "us").
2. Scope of Application
(1) Trember provides the App as an application for devices with the operating systems iOS (Apple) and Android (Google).
(2) The App is aimed at users who are of legal age at the time of conclusion of the contract. Minors under 18 years of age may use the App only under the supervision of their parents or guardians, who must also effectively represent the respective minor when concluding the usage contract in order for it to come into effect. In all other situations, Trember will refuse to conclude a contract with minors.
(3) Any conflicting or separate terms and conditions of the User shall not become part of the contract. This also applies if Trember does not expressly contradict the terms and conditions of the User.
You can find all further information on the processing of personal data by Trember in the privacy statement available at: http://app.trember.com/privacy-policy/
You can deactivate the processing of your data for usage analysis at any time by changing the settings of your device.
3. Registration and Conclusion of Contract
(1) All Users must register in order to use the App (hereinafter: Registration). Users can complete the Registration with a User name, an e-mail address, and a password. We also offer a single sign-on Registrations using the credentials provided by you to a third-party account provider (e.g., Facebook or Google). In this case, you do not need to enter your email address separately, the Registration information you enter is the same as the registration information for supported third parties. Please note, however, that your profile (and thus the concluded contract) is only valid for the duration of the usage contract with the respective third-party provider. The supported third-party providers are displayed on the App.
(2) The completed Registration represents the User's offer to conclude the contract. Trember reserves the right to refuse this offer without giving reasons. With the activation of the User account, Trember accepts the offer of the User.
4. No Withdrawal Right
The App is made available to Users free of charge. Hence, the User is not afforded a withdrawal right even where the App is used by the User as a consumer.
5. App Use and Functions
(1) The App is a location-based online application which Users can use to meet, socialize and chat with other Users and to promote events in their vicinity. Trember is entitled but not obliged to extend these services by adding new functions and features to the App.
(2) The App might offer additional functions such as video chat or other communication channels, however, without guaranteeing to the User that such functions will be available in more recent versions of the App.
(3) Since the App is provided free of charge, Trember reserves the right to unilaterally change the scope of functions described above at any time. In this case, Trember will announce the change with reasonable notice in the App or otherwise.
6. Obligations of the User, Indemnification Obligation
(2) You are responsible for your activities, information, and content on Trember. You undertake to comply with the relevant statutory provisions (including, but not limited to, on publicity rights and personality or privacy rights as well as provisions on copyright, trademark and name rights or the right to protection of minors).
(3) You assure us that you have all necessary rights regarding the content you upload to Trember, and the contents you upload to Trember (photos, texts, videos, comments, etc.):
● Do not infringe the rights of other Users and third parties (e.g. personal rights, right to one's own image, copyrights),
● Do not impair third parties in any other way (e.g. by defamation, libel, slander),
● Do not violate any other provisions of applicable statutory law (including, but not limited to, on unfair trade practices, trademarks, the protection of minors and criminal offences violations of broadcasting licensing laws) and
● Do not violate our own picture rules and these terms and conditions. If necessary, you will prove your ownership of the contents upon our request.
(4) You further continue to undertake not to do the following:
● Any unlawful form of advertising communications on Trember (e.g., by distributing telephone numbers, email addresses, links, SMS numbers or other contact possibilities for commercial contact with other Users),
● The sending of spam,
● Poaching attempts to lure Trember Users to other apps,
● Capture content or information from Users using automated mechanisms (e.g., bots, robots, spiders or scrapers),
● Upload any code that harms us or the App or restricts or otherwise affects our systems’ functionality,
● Obtain third-party credentials or access an account owned by another User,
● To tyrannize, intimidate or harass other Users, To publish content which is despicable or threatening or which incites or contains violence,
● Use Trember to commit illegal, misleading, malicious or discriminatory acts,
● Perform actions that could block, overload or interfere with the proper functioning of Trember.
(5) You are obliged to keep the login information (user name, phone number, activation code or, if applicable, password) strictly confidential at all times and to ensure that no unauthorized persons gain access to the App. If there are indications that the login information is being used by an unauthorized person, Trember is entitled to block the User account until the matter has been resolved.
(6) You guarantee, that - should you choose to send invitation messages to third-party recipients –, you have obtained their previous explicit consent to receiving such messages
7. Trember’s Rights
(2) When choosing the sanction to be imposed on the User, Trember will take into account the interests of the User concerned and, among other things, whether there has been misconduct through no fault of our own or whether the infringement has been committed culpably. The following measures and sanctions may be considered by us depending on the severity of the misconduct:
● Caution/warning of a User (as a mildest remedy),
● Partial and complete deletion of contents of a User,
● Demand additional documentation from the User,
● Restriction on the use of Trember,
● Temporary blocking of a User,
● Permanent blocking of a User and banning a User from the App.
(3) We reserve the right to assert claims for damages in the amount of the respective damage.
8. Rights of Use
(2) If the User posts his own copyrighted content such as messages, photos or ratings on the App, the User grants Trember the non-exclusive, transferable, sublicensable, royalty-free, unlimited right to use this content for the purpose of providing the respective service on the App to the extent necessary for this. This also includes any contents made available in User-to-User communication such as video chats. The right of use granted by the User, therefore, includes the right to technically reproduce the contents (e.g. within the scope of storage), to edit them and to make them publicly accessible on the App. The right of public access ends when the user removes a posted content from the App or terminates the contractual relationship with Trember by deleting the App.
9. Liability and Warranties
(1) Trember is only liable for damages in cases of intent and gross negligence. In case of simple negligence, Trember is shall be liable without limitation for damages resulting from injury to life, body or health as well as for damages according to statutory product liability provisions. Trember shall further be liable for damages resulting from the violation of an essential contractual obligation (i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the User as contractual partner regularly relies and may reasonably rely on); in this case, however, the liability of Trember is limited to the compensation of the foreseeable, typically occurring damage.
(2) The liability for data loss is, in any case, limited to the typical effort necessary to restore the data. The User is obliged to make regular backups of their data and to keep the security risk as low as possible.
(3) Trember assumes no liability for the timeliness, accuracy, and completeness of the services offered or information provided unless the errors were included intentionally or through gross negligence. In particular, Trember assumes no contractual liability for the data and content posted by third parties or statements made by Users, be they registered or unregistered.
(4) The App is integrated with or may otherwise interact with third-party applications, websites, and services (“Third-Party Applications”) the App available to you. These Third-Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. Trember does not endorse and is not responsible or liable for the behavior, features, or content of any such Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications, nor does Trember warrant the compatibility or continuing compatibility of the Third-Party Applications. In this respect, the terms of Google's user agreement apply, available at https://www.google.com/intl/de/help/terms_maps.html. In the event of a conflict between these terms and conditions and Google's terms, the terms and conditions for Google Maps will apply. Any decision by Google to restrict or discontinue the Google Maps service has no influence on Trember; any rights of the User, in this case, are exclusively directed against Google in accordance with Google's user agreement.
(5) Trember does not guarantee that the App is constantly and uninterruptedly available. In particular, maintenance, security or capacity issues, and events beyond our control (such as disruptions to public communications networks, power outages, etc.) may result in short-term disruptions or temporary suspension of the App.
(6) The aforementioned limitations of liability also apply to the personal liability of the representatives and employees of Trember.
10. Term and Termination
(1) The contract for the use of the App becomes effective with the activation of the user account for an unlimited period. The User and Trember may terminate the contract for the use of the App at any time without giving reasons. The User can deactivate their User account at any time. Deactivation of the User account by the User shall also be deemed termination of the User contract.
(2) The above termination rights are granted to User without prejudice to the right to extraordinary termination for cause.
(3) Trember also reserves the right to irrevocably deactivate User accounts with incomplete registration data and User accounts that have been inactive for a period of at least 12 months. In this case, the contract will continue, but you have the right to cancel the contract at any time. Trember is free but shall be under no obligation to, reactivate such User accounts.
(4) The entire contractual relationship is exclusively subject to German law to the exclusion of the UN Sales Convention. If you are a consumer, this choice of law shall only apply insofar as this does not deprive you of the protection under the laws of the country where you have your habitual residence. Such laws shall remain applicable without limitation.
(5) Please direct your Trember-related questions or any notifications of infringements of your rights as a User to our support team: [firstname.lastname@example.org]