Terms of Use
These Terms of Use govern the use of the mobile app SightSnap (the "App") and the associated website sightsnap.de (together, the "Service").
These Terms are a translation of the German original for the convenience of English-speaking users. In case of any discrepancy, the German version shall prevail.
1. Provider
Provider and contracting party:
Dr. Steffen Klarmann
Burgmagerbein 28
86657 Bissingen
Germany
Email: kontakt@sightsnap.de
2. Scope
These Terms of Use apply to all persons who download, install or use the App, as well as to all visitors of the associated website. By creating a user account or using the App you accept these Terms.
3. Minimum Age and Requirements
Use of the App is permitted from the age of 13 years. Users between 13 and 17 years require the consent of a legal guardian. By registering, you confirm that you have reached the required minimum age or that the required consent has been obtained.
Further prerequisites:
- a compatible smartphone (iOS or Android)
- an active internet connection
- a valid user account
4. Description of Services
SightSnap allows users to visit real-world points of interest and unlock digital collectible cards there. Based on the device's GPS position, the App detects when the user is within the defined radius (approximately 500 metres) of a point of interest and makes the corresponding card available for the user to confirm manually. Additional features include, among others, the display of nearby cards, a personal collection, challenges, guided tours, redemption of benefits at partner businesses, and social functions such as friend connections and the sharing of notes, ratings and trip content within the user's own circle of friends.
We reserve the right to expand, restrict, change or discontinue individual functions at any time, provided this is reasonable for the user.
5. Registration and User Account
A user account is required to use the App. When registering, you must provide truthful information (in particular a valid email address). You are obliged to keep your access credentials confidential and to protect them from unauthorised access.
You may delete your account at any time. We reserve the right to restrict or block user accounts in the event of a breach of these Terms of Use.
6. User Conduct
You undertake to use the App exclusively within the framework of applicable law and these Terms of Use. In particular, the following is prohibited:
- manipulating the GPS position (in particular by means of "GPS spoofing" or location-faker apps) to unlock cards without actually being at the location
- otherwise manipulating card contents or the collecting mechanism
- hacking, reverse-engineering or otherwise compromising the App, its servers or its security mechanisms
- using multiple accounts to circumvent restrictions
- using third-party content or trademarks without authorisation
- harassing, insulting or deceiving other users
- pursuing commercial purposes that have not been expressly permitted
- violating applicable law
Violations may – in addition to criminal consequences – lead to the suspension of your account and to the loss of collected cards and benefits.
7. User-Generated Content
7.1 Scope
These provisions apply to all content created by users and visible to other users within the App, in particular:
- public notes and ratings on points of interest
- profile picture and profile name
- content shared via the "Follow Me" function: trip history (collected cards including location and timestamp), check-ins (with optional note and optional photo) and trip photos
7.2 Responsibility
You are solely responsible for the content you create and publish. You confirm that you hold all necessary rights to the content you upload (in particular photos) and that the content does not violate any third-party rights.
7.3 Prohibited Content (Zero-Tolerance Policy)
In particular, it is prohibited to upload, publish or share content that:
- violates applicable law
- glorifies or incites violence, hatred, discrimination, terrorism or extremism
- contains sexual, pornographic, youth-endangering content or content that may be problematic from a child-protection perspective
- harasses, threatens, insults, demeans, exposes or bullies other persons
- violates the personality rights of third parties, in particular through the unauthorised depiction of identifiable persons
- infringes copyrights, trademarks or other protection rights
- is misleading, fraudulent or promotional (without our consent)
- contains malware or endangers the technical integrity of the Service
A zero-tolerance policy applies to such content. Violations lead directly to the removal of the content, may result in the suspension of the account and may have criminal consequences.
7.4 Reporting and Blocking Functions
The following protective features are available in the App:
- Report: Every publicly visible user-generated content (notes, trip photos, check-in photos) can be reported via a clearly marked report button. When reporting, the reason (e.g. spam, insult, sexual content, hate, other) can be specified.
- Block: Other users can be blocked at any time. Blocked users can no longer see the blocking user's content and cannot interact with them.
- Delete own content: You can delete your own content at any time.
7.5 Processing Time and Measures
We endeavour to review reports within 24 hours of receipt and to remove inappropriate content or content that violates these Terms. Possible measures include in particular:
- removal of the reported content
- warning of the affected user
- temporary suspension of the account
- permanent suspension in case of serious or repeated violations
- referral to law-enforcement authorities in the case of content of criminal relevance
7.6 Licence to User-Generated Content
By uploading or publishing content, you grant us a simple, non-exclusive licence to use the content, limited to the duration of its visibility and to the operation of the Service. This right allows us solely to store, display and deliver the content within the Service to the other users authorised by you. There is no use beyond this scope (e.g. for advertising purposes).
7.7 Follow Me and Trip Content
The "Follow Me" function is optional and must be expressly activated by the user for each trip plan. The user decides:
- whether content is visible to all of their community friends or only to selected friends
- whether to create check-ins with photo and note
- whether to explicitly share trip photos with friends (default setting: private)
Shared trip content is visible only to the selected friends and only during the trip period. After the end of the trip period, the content is no longer visible to other users. The user can also mark shared content as private again or delete it at any time.
8. Conduct at Points of Interest
When visiting points of interest to collect cards, please observe the respective house rules, opening hours and admission regulations. You are responsible for your own safety, your conduct and compliance with local rules. Move attentively, especially in road traffic.
9. Content and Licence
All content provided by us in the App (in particular card designs, texts, graphics, logos, tour descriptions) is protected by copyright. With the use, you receive a non-exclusive, non-transferable right of personal, non-commercial use. Any use beyond this requires our written consent.
The provisions on user-generated content can be found in § 7.
10. Affiliate Links and Partner Offers
The App contains so-called affiliate links to external providers at various points, in particular to:
- GetYourGuide (guided tours and activities)
- Booking.com (accommodation)
- Airbnb (accommodation)
Affiliate links are clearly marked as such in the App (e.g. with a "partner link" note or a corresponding icon).
How it works: When you click an affiliate link, you are redirected to the website of the respective partner. On clicking, only a generic partner identifier (e.g. our affiliate ID and, if applicable, the ID of the offer clicked) is transmitted to the partner. No personal data such as your name, email address or device identifiers is transmitted by us to the partner.
Commission: If you make a booking or purchase on the partner's website, we receive a commission from the partner. There are no additional costs for you – the price is the same as if you had gone directly to the partner's website.
Responsibility: Content, availability, prices and conclusion of contracts are governed exclusively by the terms of the respective partner. We are not a contracting party to the services offered via affiliate links and assume no liability for the content or services of the partners.
For details on which data is transmitted to the partners when clicking an affiliate link and how the partners process this data, please refer to our Privacy Policy and to the privacy policies of the partners.
11. Benefits and Partner Offers
Advantages, discounts or extras at partner businesses ("Benefits") can be redeemed via the App. These are provided directly by the respective partners. Providers and content of the Benefits may change. There is no claim to specific Benefits or to their permanent availability.
12. Availability
We endeavour to ensure the highest possible availability of the App, but cannot guarantee uninterrupted accessibility. Maintenance work, technical disruptions and problems at third-party providers (in particular hosting, app stores, Firebase) may lead to temporary restrictions.
13. Liability
We are liable without limitation for intent and gross negligence as well as in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz). For slight negligence we are liable without limitation in the event of injury to life, body or health; in the event of breach of essential contractual obligations (cardinal obligations), liability is limited in amount to the typical, foreseeable contractual damage.
Any liability going beyond this – in particular for lost benefits, data loss or damage in connection with the visit to real-world locations or with contracts concluded with third parties via affiliate links – is excluded to the extent permitted by law.
14. Free of Charge and Possible Paid Functions
Basic use of the App is free of charge. Should paid functions be offered in the future, they will be clearly marked in advance and agreed separately.
15. Changes to These Terms of Use
We reserve the right to amend these Terms of Use with effect for the future. Changes will be communicated to you in the App or by email at least 30 days before they take effect. If you do not object to the changes within this period, they are deemed accepted. In the event of an objection, both parties have a special right of termination.
16. Termination
You can end use at any time by deleting your account and uninstalling the App. We may terminate the contractual relationship for good cause (in particular breach of these Terms) without prior notice.
17. Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of performance and jurisdiction is the domicile of the provider. Should individual provisions of these Terms of Use be invalid, the validity of the remaining provisions remains unaffected.
For questions about these Terms of Use you can reach us at kontakt@sightsnap.de.