Terms of Use for the CAMP‘N‘CONNECT App

Valid until December 31, 2024, for users who registered in the app by November 10, 2024, inclusive.

§ 1 Subject of the Terms of Use

(1) The following Terms of Use apply as general terms and conditions for the use of the CAMP’N’CONNECT app (hereinafter also referred to as “App”) offered by Let’s Connect UG (haf-tungsbeschränkt), Estedeich 102, 21129 Hamburg, Germany (hereinafter also referred to as „Service Provider”).

(2) The current version of these Terms of Use can be accessed via the menu of the App as well as via the website https://www.campnconnect.com under the heading “Terms of Use App”.

(3) Information about the Service Provider is available here.

§ 2 Changes to the Terms of Use

The Service Provider reserves the right to amend these Terms of Use at any time with effect also within the existing contractual relationship. The Service Provider shall notify the users of such changes at least 30 calendar days before the planned entry into force of the changes. If the respec-tive user does not object within 30 days of receipt of the notification and continues to use the ser-vices even after expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the event of an objection, the App may no longer be used. In this case, the App must be uninstalled. In the notification of change, the Service Provider will point out the right to object and the consequences of such.

§ 3 Scope of Functions and Usage Requirements of the App

(1) The App is available for the Android and iOS operating systems and can be downloaded and in-stalled free of charge in the respective app stores under the conditions applicable there. Costs may be incurred by the mobile network provider for data transfer to the mobile device.

(2) The use of the App is free of charge. Registration or creation of a user account/profile is neces-sary for the use of the App. You may only use the App and register or set up a user account if you are at least 16 years old. The App is provided in German and English. The language depends on the operation system language of the mobile device.

(3) The App provides users with the following functionalities, among others:
The App offers a social network for campers. The user has the option of creating a personal profile. The user basically decides for himself how much he wants to reveal about himself publicly in his profile. For the area search the user has to indicate at least his age, his gender and/or his co-travelers (e.g. couples or families) and the used travel possibility. The user can set that others can-not see the information on age and gender and/or the co-travelers.
By the area search he can find other campers with similar interests. The area search can be refined by setting filters.
The App can determine your location via GPS/Wi-Fi for the area search if you have agreed to this release in the settings of your operating system and/or the App. You can deactivate and reactivate the sharing at any time afterwards in the related system of your end device. System permissions requested by the App, such as access permission for location tracking, are exclusively for the proper operation of the App and its functions. System permissions that are subsequently revoked or not granted may lead to incorrect behavior of the App or to individual functions not being available.
The user can get in touch with other campers via a chat function. The App informs you with push messages on your device about news if you have activated this function. The push messages can be deactivated and reactivated at any time in the settings of your operating system and/or in the app.

(4) The Service Provider endeavors to enable the continuous use of the App within the scope of its technical and organizational possibilities. Due to maintenance work, disruptions caused by the In-ternet or force majeure, the usability of the App or individual functionalities may be limited or completely suspended.

(5) The Service Provider is entitled to change, expand and temporarily or permanently discontinue the functionalities of the App at any time. The user has no right to use individual or all functionali-ties of the App, in particular permanent availability. In order to be able to fully use the functions of the App, the end device on which the App is installed must have an Internet connection. This must be provided by the user and is not the subject of the App.

(6) System permissions requested by the App, such as access permission for location tracking, are exclusively for the proper operation of the App and its functions. System permissions that are sub-sequently revoked or not granted may lead to incorrect behavior of the App or to individual func-tions not being available.

§ 4 Protection of Content, Responsibility for Third-Party Content

(1) The content available in the App is predominantly protected by copyright or other intellectual property rights and is the property of the Service Provider, the other users or other third par-ties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of §§ 4 (2), 87a (1) UrhG. The user may only use this content in accordance with these Terms of Use and within the framework specified on the App.

(2) The content available in the App comes in part from the Service Provider and in part from other users or other third parties. The content of users and other third parties is hereinafter collectively referred to as “third-party content”. The Service Provider does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy legality and timelessness of the third-party content. This also applies with no regard to the quality of the third-party content and its suitability for a particular purpose, and also insofar as it concerns third-party content on linked external websites.
All content in the App is third-party content, unless content is marked with a copyright notice of the Service provider.

§ 5 Scope of Permitted Use, Monitoring of the Usage Activities

(1) The authorization of use is limited to access to the App as well as to the use of the services available in the App in each case within the framework of the regulations of these Terms of Use.

(2) The users themselves are responsible for creating the technical conditions necessary for the contractual use of the services within their area of responsibility. The Service Provider does not owe them any advice in this regard.

(3) The Service Provider points out that the usage activities may be monitored to the extent per-mitted by law. This may also include the logging of IP connection data and call histories as well as their evaluation in the event of a concrete suspicion of a violation of these Terms of Use and/or in the event of a concrete suspicion of the existence of any other illegal act or criminal offense.

§ 6 Creation of User Profiles

(1) The users can individually design their user profile within the framework of these Terms of Use according to their own ideas. However, the restrictions of § 10 must be observed. To enable an ar-ea search, the user must enter his age, his gender and/or his fellow travelers and his travel possibil-ity in his user profile. The user himself decides whether he makes the information about his age and gender publicly visible.

(2) As a rule, the Service Provider does not verify the identity of the profile owners and the infor-mation in the profiles. The Service Provider therefore does not guarantee that each profile owner is the person that the respective profile owner claims to be.

§ 7 Privacy

One of the Service Provider’s quality standards is to handle the users’ personal data (hereinafter re-ferred to as “personal data”) responsibly. The personal data resulting from the registration in the App as well as from the user of the available services are therefore only collected, stored and pro-cessed by the Service Provider insofar as this is necessary for the contractual provision of services and is permitted by legal regulations or ordered by the legislator. The Service Provider shall treat the User’s personal data confidentially and in accordance with the provisions of the applicable data protection law. The privacy policy provides more detailed information about the collection, pro-cessing and use of personal data in or in connection with the App.

§ 8 Posting of own Content by the User

(1) As far as available as functionality in the App, users may post content in the App and thus make it available to third parties, subject to the following regulations.

(2) By posting content, the user grants the Service Provider in each case a gratuitous and transfer-able right of use to the respective content, in particular
– to store the content on the server of the Service Provider and/or the App Store as well as to publish it, in particular to make it publicly available (e.g. by displaying the content in the App),
– to edit and reproduce, insofar as this is necessary for the provision or publication of the respec-tive content, and
– to grant rights of use – including rights of use against payment – to third parties in respect of the content of users in accordance with § 9.
Insofar as the user takes the content posted by him/her back down from the App, the right of use and exploitation granted to the Service Provider above shall expire. However, the Service Provider remains entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to other users for posted content also remain unaffected.

(3) The respective user is fully responsible for the content posted by him. The Service Provider does not check the content for completeness, accuracy, legality, actuality, quality and suitability for a particular purpose.
The respective user therefore declares and warrants to the Service Provider that he/she is the sole owner of all rights to the content posted by him/her in the App, or is otherwise author-ized (e.g. by effective permission from the rights holder) to post the content in the App and to grant the rights of user and exploitation pursuant to the preceding paragraph (2).

(4) The Service Provider reserves the right to refuse the posting of content and/or to edit, block or remove already posted content (including private messages) without prior notice if the posting of the content by the user or the posted content itself has led to a violation of § 10 or if there are concrete indications that a serious violation of § 10 will occur. However, the Service Provider shall take into account the legitimate interests of the user and choose the mildest means to prevent the violation of § 10.

§ 9 Right to use Content available in the App

(1) Unless further use is expressly permitted in these Terms of Use or in the App or is enabled in the App by a corresponding functionality (e.g. download button),
– users may access and display the content available in the App online exclusively for personal purposes. This right of use is limited to the duration of the contractual use of the App.
– the user is prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the content available in the App, in whole or in part. It is also prohibited to remove or change copyright notices, logos and other marks or protective no-tices.

(2) Users are only entitled to download content (“download”) and to print content if a download or print option is available as a functionality in the App (e.g. by means of a download button).
Users shall receive a non-exclusive right of use for an unlimited period for their own, non-commercial use of the content duly downloaded or printed out by them. In all other respects, all rights to the content shall remain with the original rights holder (the Service Provider or the re-spective third party).

(3) The mandatory statutory rights (including reproduction for private and other own use according to § 53 UrhG) remain unaffected.

(4) The granting of the rights of use is conditional upon compliance with these Terms of Use. In the event of a breach of these Terms of Use by the user, rights of use to the App including its content shall automatically expire. The Service Provider may, at its own discretion and without prior notice, block a user’s access to this App, including all functions and content, in whole or in part, if there are reasons to believe that the user violates the Terms of Use or causes damage through his use of the App, including its content.

§ 10 Prohibited Activities

(1) The services available in the App are intended exclusively for non-commercial use by the user. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted in writing to the respective user by the Service Provider in advance. Unauthor-ized commercial use includes in particular
– all offers and solicitations of paid content, services and/or products, both its own and those of third parties;
– all offers, solicitations and conduct of activities with a commercial background, such as contests, raffles, barter, advertisements or pyramid schemes; and
– any electronic or other collection of identity and/or contact information (including email ad-dresses) from users of the App (e.g. for sending unsolicited emails).

(2) User are prohibited from any activities on or in connection with the App that violate ap-plicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular users are prohibited from the following actions
– the posting, distribution, offer and advertising of pornographic content, services and/or prod-ucts that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
– the use of content that insults or defames other users or third parties;
– the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.

(3) Furthermore, regardless of any violation of the law, users are also prohibited from the follow-ing activities when posting their own content on the App as well as when communicating with other users (e.g., by sending personal messages or by posting in a feed):
– the distribution of viruses, Trojans and other malicious files;
– the sending of junk or spam e-mails and chain letters;
– the dissemination of lewd, offensive, sexually oriented, obscene or defamatory content or com-munication, as well as content or communication that is suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (explicitly or implicitly in each case);
– harassing other users, e.g. by contacting them personally several times without or contrary to the reaction of the other user, as well as encouraging or supporting such harassment;
– requesting other users to disclose passwords or personal data for commercial or illegal purpos-es;
– the distribution and/or public reproduction of content available in the App, unless the user is expressly permitted to do so by the respective author or is expressly made available as a func-tionality in the App.

(4) In addition, any use of the App that negatively affects the App itself or websites connected to it, or software accessed through the App, is prohibited.

(5) You may not modify, adapt, translate, create derivative works from, reverse engineer, disassem-ble or otherwise attempt to derive the source code of the App. Legal rights remain unaffected, in particular the user’s right to decompile the App in order to obtain the information necessary to es-tablish its interoperability with other programs, unless the Service Provider makes such information available to the user on reasonable terms. The user is not permitted to decompile the App for fur-ther purposes.

(6) If the user becomes aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the App, the user must contact the Service Provider at info@campnconnect.com. The Service Provider will then investigate the matter and, if necessary take appropriate action.

(7) If there is a suspicion of illegal or punishable actions, the Service Provider is entitled and, if necessary, also obliged to check the activities of the user concerned and, if necessary, to take appropriate legal steps. This may also include forwarding the facts of the case to the public prosecutor’s office.

§ 11 Setting / Termination

(1) The App may be discontinued in whole or in part by the Service Provider at any time, with immediate effect, without notice.

(2) Furthermore, the Service Provider may terminate the contractual relationship with users of the App with immediate effect for good cause. Good cause shall be deemed to exist in particular in the event of use contrary to the obligations and prohibitions under § 10. The user’s authorization to use the App ends automatically when the contractual relationship between the Service Provider and the user ends.

(3) The Service Provider may terminate the user of the App at any time by deleting his user profile in the App. In case of termination, the user is obliged to uninstall the App.

§ 12 Warranty

The Service Provider makes the App available to the user free of charge and “as it is”. In particular, no promise of availability is assumed. Warranty rights are excluded, except for defects caused by the Service Provider intentionally or through gross negligence. This also applies to any support services.

§ 13 Limitation of Liability for Gratuitous Services

In the event that the users incur damage as a result of the use of services provided free of charge in the App (including the retrieval of free content), the Service Provider shall only be liable to the extent that the damage occurred as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of the Service Provider.

§ 14 Final Provisions

(1) Depending on the platform of a respective service provider from which the App was downloaded (App Store, Google Play), additional terms and conditions may apply to the use of the App, content and services. It is the sole responsibility of the user to identify these supplementary or (possi-bly) prevailing conditions and the user undertakes to comply with them accordingly.

(2) Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with the use of the App must be made in writing or by e-mail. The e-mail address of the Service Provider is info@campnconnect.com. The postal address of the Service Provider is Let’s Connect UG (haftungsbeschränkt), Estedeich 102, 21129 Hamburg, Germany. The contact details are subject to change.

(3) Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties.

(4) These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(5) The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the registered office of the Service Provider, insofar as such an agreement on the place of jurisdiction is permissible.