Terms of Use for the App CAMP’N’CONNECT
Valid for users who register in the app from November 11, 2024, onwards, as well as for users who continue to use the app from January 1, 2025, onwards.
§ 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 (haftungsbeschränkt), 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 respective user does not object within 30 days of receipt of the notification and continues to use the services 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 basic version of the app is free of charge. Registration or the creation of a user account/profile is required to use the app. The use of the app, as well as registration or the creation of a user account, is only permitted if the user is at least 16 years old.
The user is responsible for ensuring that their account credentials are kept confidential and secure. For this reason, the user must choose a password that meets the highest security standards available within this application.
By registering, the user agrees to be accountable for all actions carried out under their username and password.
The user is obligated to promptly and unequivocally inform the provider, using the contact details specified in this document, if they suspect that their personal information, including user accounts, credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.
(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 functionality of the app the user has to indicate at least his age, his gender, his co-travelers (e.g. couples or families) and the type of travel used. The user can configure his settings to prevent others from viewing details about his age, gender, and/or travel companions.
The area search allows the user to find other campers with similar interests. The area search can be refined by setting filters. Through the community feed, users can post content within the app, write comments on posts, and respond to posts and comments (e.g., by liking them).
Users can send personal messages in the form of text or images via a chat function. They can also send other users their current location.
In the event calendar, the service provider provides a list of camping events. The list does not claim to be exhaustive. The user can indicate whether he is interested in an event or is taking part.
The App can determine the users location via GPS/Wi-Fi if he has agreed to this release in the settings of his operating system and/or the App. The user can deactivate and reactivate the sharing at any time afterwards in the related system of his end device. System permissions requested by the App, such as access permission for location tracking, are exclusively for the prop-er 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 app informs the user about news with push notifications on his end device, provided he has activated this function in the app and in his operating system. The push notifications can be deactivated and reactivated at any time in the settings of the 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 Internet 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, even without giving reasons and notifying users. The user has no right to use individual or all functionalities 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 in-stalled 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 subsequently revoked or not granted may lead to incorrect behavior of the App or to individual functions 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 parties 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 permitted 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 user can individually design his user profile within the framework of these Terms of Use ac-cording to his own ideas. However, the required data or information must be provided completely and truthfully, and the restrictions of § 10 must be observed. To enable an area search, the user must enter his age, his gender, his fellow travelers and his travel possibility 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 information 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 referred 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 processed 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, processing 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 transferable 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 respective 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 authorized (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 notices.
(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 respective 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. Unauthorized 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 addresses) 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 applicable 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 products 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 following 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 communication, as well as content or communication that is suitable to promote or support racism, fanaticism, hatred, physical violence, exploitation of children 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 purposes;
– 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 functionality 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, disassemble 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 establish 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 further 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 Purchases and Subscriptions
(1) Users have the option to purchase premium features within the app (in-app purchases). Subscriptions automatically renew, and charges will continue to apply until the user cancels the subscription. Upon cancellation, the user retains access to the subscription benefits until the end of the subscription period, after which the benefits will expire.
(2) Since the app can also be used without a subscription, canceling a subscription does not result in the user’s profile being removed from the app. To fully terminate the user account, the user must cancel or delete their account in accordance with §12.
(3) In-app purchases, including subscriptions, are processed through the user’s account on the Apple App Store or Google Play (“external service account”), depending on the operating system of the user’s device. Payment is made using the user’s Apple ID or Google Play account, and the respective external service account will be charged the purchase price in accordance with the terms provided at the time of purchase and the general terms applicable to the external service account.
(4) If the purchase includes an automatically renewing subscription, the user’s external service ac-count will continue to be charged the subscription costs regularly until the user cancels the subscription. If the user has received a discounted promotional offer, the price may increase for any subsequent renewal period after the promotional subscription term ends, as outlined in the offer’s terms.
(5) To modify or terminate a subscription, the user must log into their external service account and follow the instructions for managing or canceling subscriptions. This applies even if the user deletes their user account in the app or removes the app from their device. For example, if the subscription was purchased via the user’s Apple ID, cancellation must be processed through Apple and not the service provider. Deleting the user account in the app does not automatically cancel the subscription!
(6) For subscribers residing in the EU, EEA, United Kingdom, and Switzerland: In accordance with local laws, users are entitled to a full refund if they cancel their subscription within 14 days of its commencement. This 14-day period begins on the subscription start date.
§ 12 Decommissioning / 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.
Due to the suspension or deletion of user accounts, the user has no claims for compensation, indemnification, or reimbursement.
The suspension or deletion of user accounts for reasons attributable to the user does not relieve the user of the obligation to pay any agreed-upon fees or prices.
(3) The user may cancel their use of the app at any time by deleting their user profile within the app. In the event of cancellation, the user is obligated to uninstall the app.
(4) The service provider reserves the right to delete inactive profiles and associated data after one year.
§ 13 Warranty
The Service Provider makes the App available to the user “as it is”. In particular, no guarantee of availability is provided. Warranty rights are excluded, except in cases of defects caused intentionally or through gross negligence by the service provider. This also applies to any support services.
§ 14 Limitation of Liability
(1) The use of the app is at the user’s own risk. The service provider is not liable for damage to technical devices, data loss, or any other damages arising in connection with downloading content or using the services.
(2) If the user incurs any damage from using services provided within the app (including accessing free content), the service provider is only liable if the damage resulted from the contractual use of the content and/or services, and only in cases of intent (including fraud) or gross negligence by the service provider.
This does not apply in the case of injury to life, body, or health, claims arising from the violation of cardinal duties, or compensation for delay damages (§ 286 BGB). Liability for the violation of cardinal duties is limited to the typically foreseeable damage, which in normal cases does not exceed the purchase price. If the service provider’s contractual liability is excluded or limited, this also applies to the personal liability of natural or legal persons acting on their behalf.
(3) The service provider is not liable for the accuracy, quality, or completeness of content and/or contributions provided by users within the app. The publication of user-generated content or contributions does not represent an opinion of the service provider, and the service provider does not adopt or endorse this content.
(4) The app may contain hyperlinks to third-party websites. The service provider assumes no responsibility for the content of these websites and does not adopt or endorse the websites and their content.
§ 15 Final Provisions
(1) Depending on the platform of a respective service provider from which the App was download-ed (App Store, Google Play), additional terms and conditions may apply to the use of the App, con-tent and services. It is the sole responsibility of the user to identify these supplementary or (possibly) 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.