Terms of use „Appearance“

Content

§ 1 General

§ 2 Functionality

§ 3 Technical requirements

§ 4 Apps from APP stores

§ 5 Registration

§ 6 User fees

§ 7 Rights of use

§ 8 Prohibited use

§ 9 Release

§ 10 User data

§ 11 Changes of services

§ 12 Provision and availability

§ 13 Liability

§ 14 Links to external websites

§ 15 Responsibility for access data

§ 16 Termination of services

§ 18 Rights of the PROVIDER

§ 20 Applicable law

§ 21 Jurisdiction

§ 22 Other contractual provisions

Please read the Terms of Use carefully. These Terms of Use govern the use of our APP, including the use of future versions (patches, updates and upgrades) and the use of other services that are currently or will be provided by us in connection with the APP. The separate Privacy Policy (see at www.appearance.community/privacy-policy/english ) is not part of these Terms of Use. Nevertheless, please also read the privacy policy carefully.

By installing and using the APP, you agree to these Terms of Use. If you do not agree to these Terms of Use, then you may not install or use our APP and may have to delete it again and may also not use the services and systems that may be connected to it.

You are also responsible for compliance with our Terms of Use if you let others use your smartphone on which our APP is installed and they use the APP. The APP is intended for people who are at least 16 years old.

§ 1 General

(1) For the sole purpose of better readability, the gender-specific spelling is omitted. All personal terms in these terms of use are therefore to be understood as gender-neutral.

(2) These terms of use apply to the use of the APP offered by Dominik Nagel, Ziegelstr. 73, 73084 Salach, appearancefb@gmail.com (hereinafter referred to as PROVIDER, we, us, our) and all related services (hereinafter also referred to as SERVICES).

(3) The use of the APP is expressly governed by these Terms of Use. Any conditions deviating from these terms and conditions shall only apply if we have agreed to them in writing.

§ 2 Functionality

(1) The APP uses the infrastructure provided by Google Firebase.

(2) The essential functions of the APP are described below. This is a description for information purposes and does not constitute an agreement as to quality or the agreement of specific functions.

(3) With our APP, images can be uploaded that other users can view and save in their profile. Based on the keywords assigned by the user when uploading, which are stored by the user of the image in his profile when saving, posts can be displayed to him according to personal preferences.

(4) Users have the opportunity to read various motivational quotes posted by the PROVIDER from different authors, with sources.

(5) With the APP you have the following options:

(a) The home screen displays the user's own profile. It is divided into "My Posts" and "My Saves". Clicking on "My Posts" or "My Saves" takes the user to their own uploaded posts or to their saved posts.

(b) New images can be uploaded by clicking on a gray circle at the bottom right of the screen. A title, a description and at least one and at most three keywords must be entered. With a click on "UPLOAD" the post is uploaded. The APP needs the authorization for the camera and the memory of the cell phone, so that pictures can be accessed.

(c) On the home screen, users are shown random pictures and keywords of other users. If the user clicks on an image, the post opens. If the user clicks on a keyword, he goes directly to the search and posts with the same keyword are displayed. With a red bookmark, the post can be saved in the user's own profile. The user who uploaded the image can delete his posts with a long click on the image.

(d) On the 2nd screen, various quotes set by the PROVIDER are displayed. By clicking on the "GET ANOTHER QUOTE" button, a new quote will be displayed.

(e) By clicking on the 3 dots at the top right of the screen, the user can log out and delete his account. If the user deletes his account, all data will be irrevocably and directly deleted from the database, including all posts that the user has uploaded.

(f) Every user can report posts of other users as inappropriate/violating. The function is accessed by a long click on the image. If 100 different users report a post as inappropriate/infringing, it will be automatically and irrevocably deleted directly from the database. If three posts are deleted by a user in this way, this user's account and all data will be irrevocably and directly deleted from the database by him and he will no longer be able to log in with the email address he has stored with us.

(g) Posts cannot be liked or commented on, and there is no way to access another user's profile.

§ 3 Technical requirements

The APP can be used with Android devices from version 5.0 and with Apple devices from iOS 17.0.

§ 4 Apps from APP stores

You can download our APP on Android devices from Google Play and on Apple devices from the Apple App Store. The terms of use for user programs from Google and Apple do not apply to us.

By downloading the APP via Google Play or the Apple App Store, the user accepts the following:

(1) The user agrees to these terms of use with the use of our

(2) These terms of use are concluded between the user and us.

(3) The terms of use of the Google Play Store also apply.

(4) The contractual partner of the User regarding the use of the Services is not the respective App Store, but the PROVIDER.

(5) The PROVIDER is exclusively responsible for the APP.

(6) The respective app stores are not obligated to provide maintenance and support services with respect to the APP.

(7) In the event of a claim of infringement of third party rights by the APP or its use, the PROVIDER shall be solely responsible for investigating and settling such claims in accordance with the Terms of Use.

§ 5 Registration

(1) Registration is allowed only to persons over 16 years of age.

(2) The use of the APP requires the download of the APP via Google Play and installation of the APP on the cell phone.

(3) Registration is required to use the APP. During registration, the user creates an account by entering a valid e-mail address and password.

(a) Registration requires the entry of a valid e-mail address of the user and a password to be assigned by the user,

(b) and the declaration "Please accept our terms of use and privacy policy.".

(d) By confirming the link, the usage contract is concluded and the user is taken to the start screen of the app.

(e) When registering, the user must provide all data completely and truthfully. Otherwise, the account may be blocked. The user agrees not to disclose the password for the account to any third party and to notify the PROVIDER of any unauthorized use of the account. The user is responsible for all activities that occur within the scope of the account, regardless of whether the user is aware of them.

§ 6 User fees

(1) The use of our APP is in principle free of charge, unless otherwise stated in the respective service description of individual offers/applications.

(2) The user is responsible for the data and mobile phone charges and taxes associated with the use of the device.

§ 7 Rights of use

(1) The PROVIDER grants the User, subject to compliance with the Terms of Use, a simple limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the APP for its intended use. The user may download, install and execute the APP for personal and non-commercial use. The user is therefore prohibited in particular from making the APP publicly available, distributing, modifying, adapting, translating, creating derivative works from the APP, transferring, sublicensing, decompiling and disassembling the APP. PROVIDER reserves all rights in the APP not expressly granted to the User.

(2) The license for the iOS version of the APP includes use on any Apple device owned or controlled by the User within the scope of the applicable terms of use of the APP Store.

(3) The user is exclusively entitled to the rights to the content granted in accordance with these rights of use. The contents may only be accessed and displayed for personal and not for commercial purposes. The user is prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the content. The mandatory legal rights of the user remain unaffected.

§ 8 Prohibited use

(1) When using the Services, the User is obliged to comply with all applicable laws and other legal regulations of the state in which the User uses the Services provided by the PROVIDER.

(2) In particular, the user is prohibited from the following activities:

(a) the posting, distribution, offer and advertising of pornographic content, services and/or products that violate the laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;

(b) the use, provision and distribution of content that infringes the rights of third parties (copyrights, trademark rights, other intellectual property rights or personal rights of third parties);

(d) Use, provide and distribute content that is discriminatory, lewd, offensive, sexually explicit and racist;

(e) Use, provide and distribute content that promotes violence, illegal or harmful activities;

(f) sending unsolicited or unauthorized advertising, junk mail, spam or chain letters;

(g) the distribution of viruses, Trojans and other malicious files;

(h) the collection of personal data from users;

(i) soliciting other users to disclose passwords and/or personal data for commercial or unlawful purposes;

(j) the impairment of the smooth operation of the services

§ 9 Release

The user is obligated to indemnify the PROVIDER from third-party claims if he culpably violates the principles stated in § 8.

§ 10 User data

(1) We process the user's personal data in accordance with our privacy policy [www.appearance.community/privacy-policy].

(2) We do not have access to the contents of the account. Therefore, the user is responsible for keeping the device and the account safe and secure. If the user loses his phone, then he will 5 download the APP again and log in again with his email address and password. Our APP can be used on multiple devices.

§ 11 Changes of services

(1) The PROVIDER is entitled at any time to change services provided free of charge, to make new services available free of charge or against payment and to change the provision of free offers.

(2) The PROVIDER shall take into account the legitimate interests of the users in each case when making adjustments in accordance with Paragraph 1.

(3) To enable new features and improved functionality, the User agrees to download and install updates to our Services.

(4) If we do not enforce any of our Terms, this does not mean that we waive the right to enforce them. If any provision of the Terms is held to be illegal, invalid or unenforceable, that provision will be deemed severable from our Terms and will not affect the enforceability of any remaining provisions. Our Services are not intended for distribution or use in any country where such distribution or use would be contrary to local law or would subject us to the regulations of any other country. We reserve the right to restrict our Services in any country.

§ 12 Provision and availability

(1) We strive to ensure that the APP is available 24 hours a day, 365 days a year, but we do not commit to uninterrupted availability. We guarantee 99% availability of the services per year.

(2) Availability may be limited for reasons of force majeure, disruptions also to third-party equipment, maintenance or capacity bottlenecks.

(3) We will use reasonable efforts to promptly remedy or cause to be remedied any such interference.

(4) When determining the availability or the availability rate, such downtimes shall not be taken into account which concern planned maintenance, possible failures of technical equipment / network components outside the area of responsibility of the PROVIDER.

§ 13 Liability

(1) PROVIDER shall not be liable for any damages caused by or in connection with the performance of duties under this Agreement.

(2) A limitation of liability does not apply to damages resulting from injury to life, body or health; damages based on a breach of duty by the PROVIDER with regard to essential contractual rights and obligations that are indispensable for the proper performance of the contract, and through this the achievement of the purpose of the contract is jeopardized (cardinal obligations), whereby liability in this case is limited to typical and foreseeable damages; damage caused by intentional or grossly negligent breach of duty by the PROVIDER; liability under the Product Liability Act; liability in the event of the assumption of a guarantee.

(3) The exclusion and limitation of liability of the PROVIDER shall also apply to the legal representatives and vicarious agents of the PROVIDER.

(4) The PROVIDER shall not be liable for damages due to labor disputes and/or force majeure.

§ 14 Links to external websites

(1) The services contain links to external websites of third parties, on whose content the PROVIDER has no influence. The PROVIDER assumes no responsibility for external content of 6 external websites that can be reached via links. The respective operator of the site is always responsible for the content.

(2) The linked websites were checked for possible legal violations at the time of linking. At the time of linking, no illegal content was identifiable. Nevertheless, the permanent control of the contents of the linked pages without concrete evidence of a violation of the law is not reasonable. The PROVIDER will, however, remove such links immediately upon becoming aware of any infringements.

§ 15 Responsibility for the access data

(1) It is the responsibility of the user to ensure that the user name does not violate the rights of third parties, in particular no name or trademark rights and does not offend common decency.

(2) The user must keep the access data including the password secret and not make it accessible to unauthorized third parties.

(3) In the event of misuse of this information or a corresponding suspicion, the user must report this to the company immediately.

§ 16 Termination of services

The User may terminate the Services at any time by deleting the APP from their device and ceasing to use our Services.

§ 18 Rights of the PROVIDER

We own all existing copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights related to our Services. You may use our copyrights, trademarks, domains, logos, trade dress, patents and other intellectual property rights only with our written permission. If you wish to report any infringement of copyrights, trademarks or other intellectual property rights, please contact us at appearancefb@gmail.com.

§ 20 Applicable law

These Terms of Use are governed by German law.

§ 21 Jurisdiction

The local place of jurisdiction for all disputes arising from these Terms of Use is generally the PROVIDER's registered office, unless there is a different mandatory place of jurisdiction for consumers.

§ 22 Other contractual provisions

(1) There are no ancillary agreements to this contract. The customer's general terms and conditions/terms of use shall not apply, even if they have not been explicitly contradicted.

(2) The contract shall be governed exclusively by the laws of the Federal Republic of Germany. If a user has his habitual residence in another country within the European Union at the time of the conclusion of the contract, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in the preceding sentence.

(3) The place of jurisdiction is - as far as permissible - the competent courts for the judicial district of the city of Salach. Salach is agreed as the place of jurisdiction if the user is a consumer and does not have a general place of jurisdiction in Germany or moves his residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract or his residence or habitual abode is not known at the time the action is brought.

(4) Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. However, the parties undertake to replace the ineffective provision with one that comes as close as possible to the economic intent. The same shall apply in the event of any loophole in the contract.