Terms of Use

§ 1 Scope and provider

These Terms of Use govern the relationship between you and the provider Tim Konrath, Straßburger Str. 43, 10405 Berlin, Germany (hereinafter “we”, “us”) in connection with the use of the Re:Ember app for iOS and Android as well as the related website and API.

By using the app or the website you agree to these Terms of Use. We do not accept any conflicting or deviating terms.

§ 2 Description of the service

Re:Ember allows you to collect short messages (“Embers”) and have one of them shown to you every day. You can use the app purely locally for yourself or create a so-called “Gift Space” in which friends and family can contribute messages for a recipient.

The app is currently offered as a free, closed beta. We reserve the right to offer individual features as a paid premium option in the future. Any such fee will be clearly indicated before activation, and you will not be charged at any time without your express consent.

There is no entitlement to a specific scope of features, to a particular level of availability, or to the permanent provision of the app.

§ 3 Formation of contract

The contract for the use of the app is concluded as soon as you install and first use the app. The contract for the use of the website is concluded upon calling up the website. No registration is required for free use; in particular, Re:Ember does not require an email address or a password.

§ 4 User content and licence grant

You remain the holder of all rights in the content you submit to Re:Ember. By placing content into a Gift Space, you grant us a simple, non-exclusive right, limited in time to the duration of the storage of the respective space, to store, reproduce, and transmit this content solely for the purpose of providing the app’s functionality (in particular, delivering it to the authorised participants of the space).

You warrant that you hold all necessary rights in the content you submit and that the content does not infringe any third-party rights. You shall indemnify us against any third-party claims arising from a culpable breach of this warranty.

§ 5 Obligations and prohibited use

You undertake to use the app only within the scope of applicable law. The following are in particular prohibited:

• submitting content that is illegal, defamatory, discriminatory, pornographic, glorifies violence, is threatening, or harmful to minors;
• submitting content that infringes third-party rights, in particular copyright, personality rights, or data protection rights;
• using the app, the website, or the API in an automated manner in a way that impairs the intended operation, in particular through bulk creation of spaces or messages without prior arrangement;
• circumventing security measures or exploiting vulnerabilities;
• harassing other users.

§ 6 Availability

We strive for the highest possible availability of the app and the service, but do not guarantee uninterrupted accessibility. Maintenance, faults, or changes to the scope of features are possible at any time, in particular during the beta phase.

§ 7 Liability

We shall be liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence. In the case of slight negligence, we shall only be liable for the breach of a material contractual obligation (“cardinal obligation”), limited to the damage that is typically foreseeable under the contract.

Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.

The app is provided “as is”, in particular during the beta phase.

§ 8 Termination and uninstallation

You may discontinue your use of the app at any time and without giving reasons by uninstalling the app and, if you have created a Gift Space, by deleting it via the app or asking us to delete it.

We may extraordinarily suspend your use or delete a space if you repeatedly or seriously breach these terms.

§ 9 Changes to these terms

We may adjust these Terms of Use, in particular to reflect changes in the legal situation or new features of the app. The current version is always available on this page. We will announce material changes within the app.

§ 10 Governing law and jurisdiction

German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be Berlin.

§ 11 Severability

Should individual provisions of these Terms of Use be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected.

§ 12 Contact

If you have any questions about these Terms of Use, please contact us at: support@re-ember.de.