End User License Agreement
1.2 With Qminity we offer you the possibility to easily interact with other users in your area. You have the possibility to share news and pictures in the “local news”. You can also join or create activities. In the activity chats you can exchange with other users in the context of an activity. You can view, like and comment on posts and activities from other users in your area. You can find more information about the app on the website “qminity.com”.
2 Creation of an account
2.2 Only Users who are over 14 years old can register and use the App. If you are under 14 years old, you are not entitled to use the App. Besides that, the use of the Services is only allowed if the User is an end user as well as for non-commercial purposes.
2.3 The use of the Services is free of charge.
3 Right to use the App
4 Right to use your content
You grant us your consent to use the contributions published by you in the App to provide the relevant App services for you in the App. In this context and for these purposes, we are specifically authorized to display, use, distribute, modify, perform, reproduce, copy, publicly perform or display, translate or create derivative works of the User Content (these types of uses are collectively referred to as “Usage Rights”). The license in the preceding section is granted to us free of charge and for the purpose of providing the App Services to you.
5 Restrictions on the use of the Services
5.1 You may use the Services only for the intended uses of the Services. Any other use of the Services not expressly permitted to you in these Terms is not permitted and, with respect to the App, is not covered by the license granted to you.
5.2 The User agrees not to publish any of the following content in the App and/or on the Websites:
- Illegal or unlawful content.
- Content that is defamatory, libelous, slanderous, morally offensive, obscene or pornographic, that involves discrimination; Content that constitutes a criminal offense, glorifies or incites violence, terrorism or racism.
- Content that contains hate speech or harasses other users of the Services.
- Content that contains personal data of other persons or otherwise makes other persons identifiable (this includes the publication of images of other persons), unless the other person has expressly consented to such publication or there is a legal regulation that allows such publication in individual cases without the corresponding express consent of the other person.
- Advertising of commercial products and services that has not been approved by us.
- Content that violates intellectual property rights of third parties.
- Content that contains trade secrets of third parties (at least if the corresponding disclosure of this information violates applicable law).
- Content that is offensive and/or sexually suggestive to other users;
- False messages.
- Chain letters.
We reserve the right to delete User Content and Website User Content that violates the provisions of paragraph 4.2.
5.3 By using the services, the user undertakes:
- Not to harass or cause harm to other users of the App.
- Not to insult, intimidate, stalk or otherwise threaten other users of the app.
- Not to access the app accounts of other users without the permission of the respective users.
- Not to perform any actions that could jeopardize the functionality and/or security of Qminity’s technical infrastructure for the Services (in particular, actions that could overload said infrastructure) and/or affect the appearance of the Services.
- Not to modify, alter, translate, reconstruct, decompile, disassemble or otherwise decrypt the source code of the App or create derivative works based on the App (except to the extent that such actions are permitted under applicable law).
6 Further obligations of the user
6.1 You are responsible for the Posts that are created by you or on your device. We cannot guarantee that all third party content is true and accurate. In general, we do not (proactively) verify that content posted by a user is true and accurate and/or violates applicable law.
6.2 To prevent your Device and/or Qminity Account from being compromised by third parties (e.g., through malware), you must take all reasonable security measures, including, without limitation, always promptly installing the latest updates to your Device (including, without limitation, updates to the operating system of Devices) and the App.
6.3 If you become aware of any security vulnerabilities in the Services or material breaches of these Terms by other users, we would be grateful if you would report them to our support team (using the form in the App or on the Websites).
7 Intellectual Property of the Services
7.1 The “Service Content” is owned by us or the respective licensor and is protected by copyright, trademark and/or other intellectual property laws (“Service Content” for purposes of these Terms includes all components of the Services, i.e., data and materials, including images, graphics, pictures, designs, icons, photographs, text and other descriptions. User Content as well as third party content is excluded. The copyright is held by the respective user or third party provider.
7.2 Any kind of use and/or reproduction of the Service Content without our express prior consent constitutes a violation of applicable law and is prohibited under these Terms.
Insofar as this is technically feasible and economically justifiable, we endeavor to make the Services available around the clock. However, we cannot guarantee the availability. Use may be temporarily restricted, if necessary, due to capacity constraints, for reasons of security or system integrity, or to perform technical maintenance in order to provide the Services properly and/or better. In these cases, Qminity will take into account the legitimate interests of the customers, e.g. by informing them in due time (if possible).
9 Limitation of liability
9.1 Qminity shall be liable to the User in accordance with the provisions of the applicable product liability laws, in case of intent and gross negligence for injury to life, body or health, if Qminity assumes any warranty, and in all other cases of mandatory legal liability, in any case in accordance with the statutory provisions.
9.2 In case of a breach of essential contractual obligations (the so-called “cardinal obligations”), Qminity shall be liable to compensate the user for the resulting damages. Cardinal obligations are obligations, the breach of which endangers the achievement of the purpose of the contract, as well as all obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you can generally rely. However, if the breach of a cardinal obligation only results from slight negligence and does not result in injury to life, body or health, the User’s claims for damages shall be limited to the foreseeable damage typical for the contract.
9.3 In all other cases, claims for damages against Qminity – regardless of their legal basis, in particular due to the breach of a pre-contractual obligation or obligations arising from the contractual relationship between the user and Qminity by Qminity, its legal representatives, employees or agents or due to tortious acts – are excluded.
9.4 To the extent that Qminity’s liability is limited or excluded pursuant to paragraph 8, this shall also apply to the personal liability of Qminity’s legal representatives, employees and vicarious agents.
9.5 All liability privileges, e.g. according to paragraph 8-11 of the German Telemedia Act (TMG) or paragraph 598 of the German Civil Code (BGB), remain unaffected.
9.6 The aforementioned provisions from paragraph 8 do not cause any change with regard to the burden of proof to the disadvantage of the User.
9.7 Claims for damages by the User shall become statute-barred after expiry of the statutory limitation periods from the statutory commencement of the limitation period.
The User agrees to indemnify, defend and hold Qminity harmless from and against any and all losses, expenses, liabilities, damages and claims (including reasonable attorneys’ fees) resulting from any culpable breach by the User of the User’s obligations under these Terms.
11 References to other websites / contents
Insofar as the Services contain links and references to third parties, in particular to the websites of third parties, we have no influence on the current and future design and content of the linked websites and can therefore accept no liability. The use of content provided by third parties is at your own risk. If you notice that we have linked pages with illegal or questionable content or refer to them in any other way, please let us know so that we can remove the link as soon as possible.
12 Data protection
13 Blocking of the services for users
Qminity may (temporarily) block the use of the services by the user, in particular
- In case of abuse or fraudulent use of the Services by the User or in case of reasonable suspicion of abuse or fraudulent use of the Services by the User.
- If the App is used on a smartphone on which usage restrictions or manufacturer’s security features have been overridden or otherwise disabled features have been enabled.
- In the event Qminity is entitled to terminate the Agreement pursuant to paragraph 14 above.
For the duration of the respective blocking of a User from using the App, the license granted to the User shall terminate.
14 Termination of the contract
The contract is concluded for an indefinite period. The contract may be terminated by either party at any time with two weeks’ notice.
In addition, the right of both parties to terminate the contract for cause remains unaffected. Qminity is entitled to terminate the contract for cause without notice, and in particular:
- In case of misuse or fraudulent use of the Services by the User or in case of reasonable suspicion of misuse or fraudulent use of the Services by the User.
- In case the App is used on a smartphone on which usage restrictions or security features of the manufacturer have been overridden or otherwise blocked functions have been activated.
If you have any questions about this Policy, you can contact us as described below.
Qminity UG (limited liability)
Rhine Street 100
16.1 We will notify you before we make any changes to this Policy. You will then be given the opportunity to review the revised policy before you decide to continue using Qminity.
Date of last revision: May 21, 2021