Terms of Use
Welcome to PalmSpace!
These Terms of Use govern the conditions of your use of our app. Please read these terms carefully before using the app.
Our app provides a platform for sharing local activities. To ensure your experience is smooth and enjoyable, we have established clear guidelines.
Please note that by using our app, you agree to these terms and certain obligations. These Terms of Use are designed to create a clear framework for interactions within the app.
We value your trust and are here to ensure that your experience with PalmSpace is as pleasant as possible. If you have any questions, we are happy to assist you.
These Terms of Use include:
1. Scope of Application
2. App Versions, Access and Registration
3. Digital Content, Initiators' Activities, Responsibility
4. User Obligations
5. Usage Rights
6. Liability for Defects, Liability
7. Suspension, Deletion, Termination
8. Right of Withdrawal
9. Final Provisions
1. Scope of Application
1.1 These Terms of Use (hereinafter referred to as the Agreement) govern the relationship between the user (either a natural or legal person) and PalmSpace - Ben Palmbeck, Havighorster Redder 39, 22115 Hamburg (hereinafter referred to as the Provider) regarding the use of the PalmSpace app.
The Provider operates a platform through the app where users can showcase their own activities (referred to as Initiators), and other users can access these activities and digital content, such as videos and documents. Users can also communicate and upload and share their own content within the app. The Provider offers the technical capabilities for profile creation, communication and knowledge sharing within the app.
1.2 To use the app, users must agree to these Terms of Use when creating an account. All agreements between the Provider and the user are subject to the most recent version of these terms acknowledged by the user.
2. App Versions, Access and Registration
2.1 The app is offered in two versions, both of which have full functionality.
2.1.1 The app provides a free version that is ad-supported. Users of this version can use the app's features at no cost.
2.1.2 A subscription-based, ad-free version is available for users who prefer an uninterrupted experience. All costs are covered by regular subscription fees for ad-free content.
2.2 Users must register to use the app. A contract for using the app's features with the Provider is established when the user submits a registration form with complete and accurate information (email address, password, username) through a method provided by the Provider, and the Provider grants access to the app. Input errors can be corrected using standard input functions before submitting the registration.
2.3 Successful registration creates the user account.
2.4 Users must provide complete and accurate information during registration, except where indicated as optional, and must comply with any age verification requirements.
2.5 Users must keep their password confidential and secure access to their account. Users must inform the Provider immediately if there are indications that an account has been misused by third parties.
2.6 There is no entitlement to use the app. The Provider strives to resolve technical issues but cannot guarantee uninterrupted availability. Continuous use may be interrupted for maintenance or other important reasons.
3. Digital Content, Initiators' Activities, Responsibility
3.1 The Provider offers users access to digital content within the app. The Provider handles the technical integration of the user profile into the app and enables various management and communication options within the app.
3.2 The Provider reserves the right to charge for certain future features within the app. These paid features will be clearly highlighted within the app. The displayed offers are non-binding. By placing an order, the user makes a binding offer. Input errors can be corrected using standard keyboard and mouse functions before submitting the order. The confirmation of the order receipt is immediate.
The Provider may accept the offer by:
• sending a written order confirmation or a confirmation in text form (email), with receipt by the user being decisive,
• enabling and providing the service,
• requesting payment after the order.
A payment request also occurs when the user is provided with bank details or redirected to a payment service provider. The contract is concluded when one of the aforementioned alternatives occurs first.
3.3 The Provider stores the contract text in the user's account.
3.4 Initiators can create activities (images, videos and texts) through their user account.
3.5 Offering products within the app is prohibited.
3.6 Users are responsible for ensuring that any content they provide (videos, texts, images, etc.) is free from third-party rights and legally permissible for these uses.
3.7 Users indemnify the Provider against all claims, including damages, asserted by third parties against the Provider due to rights violations caused by user-submitted content within the app. Users bear all reasonable costs incurred by the Provider due to such rights violations, including legal defense costs. All further rights and damage claims by the Provider remain unaffected.
3.8 The Provider may review or have reviewed any activities (text inputs and representations) for compliance. If the Provider suspects that an activity violates the terms of use, legal provisions or third-party rights, the Provider may remove the activity from the app without providing reasons or incurring any obligations.
3.9 The Provider has the right to edit, process and adapt user content technically so that it can be displayed on mobile devices or third-party applications. The content's message is not altered, and the Provider does not claim ownership. The Provider reserves the right to make graphical and technical changes to the app.
3.10 Activities that comply with legal regulations (except for clause 3.5) can be displayed via the app. Initiators must accurately describe their activities and are liable for any legal information and labeling obligations.
3.11 Activities are deleted by the Provider after one year.
3.12 The app provides an SOS notification function for emergencies such as accidents or natural disasters. Users can publish their own SOS notifications and view others. It is expressly stated that the SOS section of PalmSpace does not replace regular emergency calls to fire departments, paramedics, police, etc. It aims to complement mutual assistance and social engagement in emergencies and crises.
4. User Obligations
4.1 The user grants the provider a simple usage right for advertising and marketing purposes within and for the app regarding any provided materials and content, and particularly for the permanent use and storage in the app.
4.2 Clause 4.1 also includes the commercial and promotional use of activities by third parties, provided that third parties are mentioned in the activities and/or their trademarks or other protected rights are represented and visibly used.
4.3 Users are responsible for the legal design of their online presence and must provide legally required texts and information themselves.
4.4 Users may only use addresses, contact details and other personal data obtained through the app for the intended communication purposes or for the purposes for which they were transferred. Reselling or using this data for advertising is prohibited unless the affected user has explicitly consented. Sharing activities within the app's designated functions is allowed.
5. Usage Rights
5.1 The Provider grants the user a non-exclusive, geographically unlimited right to use the currently displayed digital content according to the agreed contract terms for personal private purposes for the agreed period.
5.2 Further rights, particularly for selling and copying beyond what is necessary for the contractually agreed use, are not granted. User rights under §§ 69d (2) and (3) and 69e UrhG remain unaffected.
5.3 Using the app's digital content is only permitted for private purposes. Commercial or public use or performance is only allowed with explicit written permission from the Provider. Copying or using app elements in other electronic or printed publications, especially on other websites, is not permitted without the Provider's explicit consent. The comprehensive copyright with all powers under §§ 12 to 27 UrhG for all documents, information and contract objects created within the scope of contract initiation and fulfillment belongs exclusively to the Provider unless otherwise agreed in writing. If users wish to use digital content or materials for such purposes, they can contact the Provider.
5.4 Access acquired with the user account is personal and may only be used by one person. The acquired access cannot be transferred to third parties. It is particularly prohibited to make the acquired access available to third parties.
5.5 Users must behave appropriately and reasonably when using access (especially in communications and comments), and must not impair others' use with inappropriate or offensive comments or similar behavior.
6. Liability for Defects, Liability
6.1 Liability for defects is governed by German law.
6.2 Technical issues may occasionally cause restrictions or outages. The following clauses remain unaffected.
6.3 The Provider is only liable for damages caused by gross negligence or intent if the app is provided free of charge. The Provider is liable for damages resulting from fraudulent concealment of defects.
6.4 The app store operator (where the software was downloaded) is not liable for warranty and liability claims related to the app or its use, including product liability claims or consumer protection claims. Users may contact the Provider directly for any defects or liability claims or inform the app store operator.
6.5 If clause 6.3 does not apply, the following applies: The Provider is not liable for damages to other legal assets than life, body or health, unless caused by intentional or grossly negligent conduct by the Provider, its legal representatives or vicarious agents, and if the conduct does not violate essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the user regularly relies. The exclusions and limitations of liability do not apply to explicit guarantees by the Provider or claims based on the Product Liability Act. The Provider is only liable for data recovery if the user has taken all necessary and reasonable data backup measures and ensured that the data can be reconstructed with reasonable effort from data material kept in machine-readable form.
7. Suspension, Deletion, Termination
7.1 Users can delete their accounts at any time.
7.2 Account deletion is complete. An exception is continued storage of user data in cases of serious violations of legal regulations, third-party rights or these terms of use to prevent re-registration. Another exception is the legal obligation to retain data.
7.3 The Provider may take the following actions if there are indications that a user violates legal regulations, third-party rights or these terms of use, or if the Provider has another legitimate interest, particularly to protect other users from fraudulent activities:
a) Deleting posts or other content,
b) Warning users,
c) Restricting use,
d) Temporary suspension,
e) Permanent suspension.
7.4 When choosing a measure, the Provider considers the affected user's legitimate interests.
7.5 The following actions are prohibited:
Spreading defamatory, false, offensive, obscene, objectionable, sexually oriented, threatening, harassing or racist material and/or statements or offering, providing or otherwise making any pornography, texts or images accessible through the app,
Using the app to threaten, harass, insult or violate the rights (including personal rights) of others or third parties (trademarks, name, copyright, data protection, personal rights, etc.) and violating youth protection regulations,
Interfering with the technical design and maintenance of the app's use,
Publishing advertising, especially covert advertising, that is not justified in relation to the app's use.
8. Right of Withdrawal
Consumers have a right of withdrawal under the following instruction, where a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
Withdrawal Instruction for Consumers
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (Ben Palmbeck, Havighorster Redder 39, 22115 Hamburg, Tel. +4917645648907, Email: info@palmspace.net) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). You may use the attached withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal If you withdraw from this contract, we will reimburse all payments we received from you, including delivery costs (except for the additional costs arising if you chose a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we received your withdrawal notice. For this reimbursement, we will use the same payment method that you used for the initial transaction unless explicitly agreed otherwise; in any case, you will not incur any fees as a result of this reimbursement.
Early Expiry of the Right of Withdrawal The right of withdrawal expires for a contract for the delivery of digital content not on a physical data carrier if the performance has begun with your prior express consent and your acknowledgment that you lose your right of withdrawal once the contract execution has begun.
Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back.) To Ben Palmbeck, Havighorster Redder 39, 22115 Hamburg, Email: info@palmspace.net:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as applicable.
9. Final Provisions
9.1 This contract is governed by the law and regulations of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not restrict mandatory statutory provisions of the state in which the consumer has their habitual residence.
9.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered office. The same applies if the user has no general place of jurisdiction in Germany or if their place of residence or habitual residence is unknown at the time of filing the suit.
9.3 The contract language is German.
9.4 The EU Commission provides a user-friendly platform for online dispute resolution for consumer disputes arising from online sales or service contracts (OS Platform). The OS Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. Our email address for this purpose is info@palmspace.net.
