Terms of Service of OLAF-App
Last update: 17th of October 2018
This Terms of Service deal with the so called service "OLAF-App" (in the following called "Service/s") which is offered by the Patavinus UG (limited liability) (in the following "we" or "us"). To offer our services (definition below) from our apps, functions, software or websites, we need your explicit acceptance of our Terms of Service. You agree to our Terms of Service by registering, using or opening our apps, functions, software or websites.
Privacy Protection and User Data
We are offering following Services:
We are connecting you to other people in an anonymous and uncomplicated way, so that you can help each other. Especially helping each other in finding back your lost valuables. Therefore, you can exchange messages in an anonymous chat
We offer you a URL for you anonymous chat, so that other people can contact you
We work together with companies, so that you get free tags as promotional items with URLs to anonymous chats printed on it
We offer the possibility that you can generate a URL to an anonymous chat by yourself, for private purposes. So that you can print and use those codes
We are sending you notifications via Push on smartphones or via email, if you get new messages in a chat
We are making an effort for security, by taking actions when recognizing abusive activities and breaches against our Terms of Service. We are trying the best we can to prevent those activities, also with technical matters.
We are constantly improving our Services, in order to enhance your user experience. Therefore, we track usage data for analyzing potential ways of improvement
Allowable and forbidden usage of our Services
If you use our Services, your actions must be in compliance with the here stated terms and conditions. If that is not the case, and you breach our terms and conditions, we reserve our rights to suspend you effectively from the usage of our Services with all technical measures we can take, and we may also take legal measures.
By using our Service, you agree to use our Services only for lawful, legitimate and allowable purposes.
Furthermore, you won't use our Services (or help others to) in the following ways:
a usage of our Services, which impinges our or someones rights (including privacy protection, publication rights, copyright claims and other proprietary rights)
a usage of our Services, which is hateful, racist, ethnical incorrect, harassing, daunting, threatening, blackmailing, abusive, bawdy or illegal
a usage of our Services, to publish lies, misrepresentations or deceptive statements
a usage of our Services, to write mass-messages, auto-messaging or automatically generating QR-Codes with automated processes
a not-private usage of our Services, unless we explicitely approved it
Furthermore, you won't stress our Services directly or indirectly with automated or other methods, so that leads to constraints for our users, us or our systems. This includes also, that you won't:
do reverse engineering on our code, or modify it, nor you produce others versions of it
send, link or refer to viruses or other harmful computer code over our Services
try to get unauthorized access to our Services or systems
take measures to create accounts for our Services with unauthorized or automated measures
try to collect information from us or our users in an automated or other way
sell, resell, rent, lease or take charges for our Services from others
develop software or APIs, which are essentially like our Services, and make them for unauthorized third parties available
Security of your account
You are responsible for the security of your account at our Services. If an unjustified usage occurs, you have to inform us immediately.
Our rights comprise all copyrights, brands, domains, logos, brand appearances, business secrets, patents which are connected to our Services. You are not allowed to use these, unless you have an explicit approval from us.
Your license regarding us
In order for us to be able to provide you our Services, you are granting us a worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, reproduce, spread, represent and list your information, which you are sharing or transferring over our Services. This rights are limited to the purpose, that we are able to provide our Services (e.g. publish your chat messages in a public chat, so that you can communicate with the finder or loser of valuables).
Our license regarding you
We are granting you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license for the usage of our Services according to our terms and conditions and in harmony with those. This license only serves the purpose that you are able to use our Services in accordance to our terms and conditions. We are giving you no tacit or other licenses or rights, except the stated explicit licenses and rights in our Terms of Service.
Limitation of Liability
We are always trying to provide you with a faultless Service and a high availability. We try to reach this by acting with a reasonable diligence. Even though by using our Service you accept the following limitations of liability:
we are not guaranteeing, that you can use our Services without disruption, deficits or delays
You are taking the complete risks of the Service usage
we are providing our Services AS-IS, without any warranties (among others no warranty of suitability for a certain purpose, no warranty of being virus-free, etc.)
We are not guaranteeing that every information provided by us is complete, useful or correct
We are not guaranteeing that our Services are operable, faultless or secure
We are not controlling or monitoring how and when our users use our Services, and we are also not responsible to do so
We are not responsible for the information published by our users, and we are also not responsible to control, check or monitor those information
You discharge us from all known and unknown claims, appeals, lawsuits or harms which are related to (or is connected to) such a claim from you to a third party.
Your rights regarding us are also not changed from aforementioned limitations of liability, if the laws in your country of residence are not allowing such terms.
Disclaimer of Warranty
Our joint and several liability is limited to damages or losses, which are adequate and foreseeable consequences of such violations (except in relation to death, damages to persons or fraudulent misrepresentation) and can't exceed the amount of money, which you paid us over the period of the last 12 months.
If the laws in the country of your residence are not allowing parts of this disclaimer of warranty, the rights for each party won't be affected.
Availability and Termination of our Services
We always try to improve our Services and are working actively to do so. That also means, that we can decide on our own for which devices or platforms we are developing our Services and for which not. Our Services can be interrupted (e.g. for maintenance, bugfixing, improvements or network failure). We can terminate single or all our Services whenever we want, if possible with a 30 days prior notification to you. Also events out of our area of influence can affect our Services (e.g. natural disaster).
We hope that our Services will always be of help to you and if not so, you are giving us feedback so we can improve. However, you can terminate our Services whenever you want. To do so, you have to uninstall our App, throw away the QR-Codes and tags which are attached to your valuables and if applicable write us an email that we should delete your data to service(at)patavinus.com.
We also can terminate or modify your access and usage of our Services, if your activities seem suspicious or illegal. Among others, we can do so, if we find out with reasonable discretion that your usage violates our Terms of Service or risk to harm other users, us or others. The following terms stay applicable, also in case of termination: "Licenses", "Limitations of Liability", "Disclaimer of Warranty", "Availability and Termination of our Services", "Concluding Terms".
If you think that the termination of your account was by mistake, you can contact us by writing an email to service(at)patavinus.com.
If any provision in this Agreement is found by a court of competent jurisdiction (from which there is no appeal or, if there is, no appeal is lodged or any appeal is withdrawn) or arbitrator to be illegal or invalid that clause shall be deemed removed and the remainder shall be unaffected. The parties shall endeavor to agree an alternative clause having like effect, as a substitute for the provision that has been removed.
This Services are provided and offered by Moritz Armbrust and Marc Gerken. Place of jurisdiction for all of this contract related claims, rights and lawsuits is Bremen (Germany). German law applies.
In countries where our Services violate local laws, we reserve us the right to limit the usage possibility of our Services. In such countries, spreading our Services is illegal and forbidden.
Each change of our Terms or abandonment of those can only be made with our explicit agreement. You have the right to terminate the relation to us by deleting your account.
We can change or update this Terms of Service. If laws doesn't require otherwise, we will inform you with a deadline of 3 days prior to the change, in order for you to be able to check the changes and the updated version, before proceeding using our Services. Furthermore, we will adapt the "Last update" date accordingly. Changes of this terms won't become effective until 30 days after our announcement. Please keep in mind that we maybe won't be able to make such notifications for changes, which are caused due to technical adaptions of our Services or required for legal reasons (those changes will become effective immediately). If you proceed using our Services after the deadline, we will regard this as your acceptance of the updated Terms of Service. We hope that you will still use our Services, however if you do not agree with those changes, you have to delete your account and uninstall our Services from your devices.
You are not allowed to forward any of your rights or duties in the context of this Terms of Service to anyone else, unless you have a written approval from us.
Failure from us, to push through any terms legally, is not a quite waiver from us.
We reserve any rights for us, which we did not grant you explicitly. In certain jurisdictions, you may have specific consumer rights. Our Terms of Service are not meant for restricting those rights, which can't be waived by contract. Furthermore, it can be that you have certain privacy rights in some jurisdictions. Our terms are also not meant for restricting those rights either, which can't be waived by contract.