§1
Scope / Definitions
(1) These terms and conditions of Yomoko UG (limited liability), Straße der Jugend 18, 14974 Ludwigsfelde (hereinafter referred to as "Provider") apply to the use of the website www.yomoko.de, the associated services, applications, and programs.
(2) These terms and conditions form the basis for the contractual relationship between the Provider and the users of the "Yomoko" application (hereinafter referred to as "App").
(3) The provided usage offer (hereinafter "Offer") is aimed solely at consumers within the meaning of § 13 BGB, who are at least 18 years old and possess unrestricted legal capacity.
(4) Any conditions from the users that conflict with these terms and conditions will not be accepted. Such conditions will only apply if we have expressly agreed to them in writing.
§2
Services
(1) The provider allows the user to use the functions of the website www.yomoko.de, the associated services, applications, and tools, free of charge within the framework of these terms of use. The user can provide their own content (texts, photos, videos, data, routes, etc.) to other users of the app through the Yomoko app.
(2) The user is solely responsible for the content they provide. They must ensure that this content does not violate any laws or third-party rights and complies with the terms of use. The provider does not review the content provided before publication and assumes no liability for the form, accuracy, appropriateness, and quality of the content. The provider reserves the right to remove user content at any time in the event of violations of the terms of use.
(3) The user is responsible for securing their data outside of the app.
§3
Registration / Conclusion of contract
(1) A registration of the user is necessary to use the app. The user starts the registration process by entering their mobile phone number and subsequently receives a confirmation SMS. After confirming the SMS, further information must be provided. The registration takes place under the premise that the user accepts the terms of use and has taken note of the privacy policy.
(2) Before completing the registration, the user can identify possible input errors by carefully reading the information displayed on the screen. A technical means to better detect input errors can be the zoom function of the browser. The customer can correct their entries within the framework of the electronic registration process as long as they use the usual keyboard and mouse functions until they click the button that completes the registration process.
(3) By clicking the “Register” button, the user submits an offer to conclude a usage contract for using the app. The contract offer can be accepted by the provider by granting access to the app.
(4) The language for contractual agreements is German. The provider does not retain a copy of the contract text and it is not available to the customer.
§4
Granting rights and responsibilities for user content
(1) After successful registration, the user receives a local unrestricted, free, revocable, non-transferable, and non-sublicensable right to use the app in accordance with the terms of use during the duration of the contract. No transfer of rights occurs; all rights to the app and its content remain with the provider.
(2) The granted right of use does not include the right to duplicate or modify the app in whole or in part, or to use it contrary to these terms of use. The user is not permitted to extract or use the source code of the app. Furthermore, it is not permitted for the user to use the app for commercial purposes.
(3) The user grants the provider a local and temporally unlimited, irrevocable, free and sublicensable right to use these contents (texts, photos, videos, data, routes, etc.) in the context of the service upon providing them. This grant includes the right to copy, edit, distribute, transmit, and make these contents publicly accessible.
§5
Availability
(1) The app is generally available around the clock. Exceptions are times when necessary maintenance, software updates, or changes to the system and database are carried out. These maintenance works usually take place between 0 and 6 AM CET on weekdays.
(2) The user is informed that outside of maintenance times, there may be temporary outages of the service due to unpredictable technical problems.
(3) Although we always strive to keep the app continuously available, there is no legal entitlement to use the app. The provider reserves the right to change or discontinue the service in whole or in part at any time and without giving reasons.
§6
Protection against sexual abuse and sexual exploitation of children
(1) Prohibited Content: It is strictly forbidden to post or disseminate any kind of content through the app that is related to sexual abuse or the sexual exploitation of children. This includes in particular:
Representations or mentions of child abuse or sexual exploitation of minors,
Any form of child pornography or related content,
The uploading of copyrighted content, unless the user has the necessary rights or consents.
Content that glorifies or normalizes pedophilia, sexual violence, or sexual exploitation of children,
The solicitation or incitement to sexual abuse or exploitation of minors.
(2) Reporting Obligations and Moderation: The provider reserves the right to immediately remove any content that violates these regulations and to suspend the relevant user without prior notice. In addition, relevant incidents will be reported to the authorities.
(3) Cooperation with Law Enforcement Authorities: The provider commits to cooperating with the relevant investigative authorities if there are indications of abuse or the dissemination of illegal content within the app.
(4) Preventive Measures: To prevent the abuse of the app, the provider implements advanced moderation systems and algorithmic review mechanisms for the automated detection of potentially harmful content. Users who encounter problematic content are encouraged to report it immediately.
§7
Duties and responsibilities of the user
(1) Prohibited Use: The user agrees not to use the app for the following purposes:
The promotion, offering, or distribution of pornographic content or content that violates youth protection laws.
The abusive use of the app through the deployment of malware.
The uploading of copyrighted content unless they possess the necessary rights or permissions.
The distribution of racist, sexist, offensive, defamatory, or otherwise unlawful content or information.
The use of photos containing defamatory, offensive, racist, or otherwise unlawful or immoral content.
The interception or attempts to intercept messages.
The advertising for third parties or sending messages for commercial purposes.
Threatening or unreasonably harassing other individuals (particularly through spam) or infringing on the rights of third parties, including personal rights.
Any form of child abuse or sexual exploitation of children, according to §6 of these terms and conditions.
(2) Planning and Conducting Tours: In the preparation and realization of motorcycle, scooter, or quad tours, the user is obliged to strictly adhere to all applicable traffic regulations and safety requirements. Should a planned event be subject to notification, the user must carry out the corresponding registration with the competent authority themselves. Additionally, they must exercise due diligence and take appropriate consideration for other traffic and tour participants. Calls or incentives from the app that may lead to the disregard of traffic regulations or any other laws are strictly prohibited.
(3) Consequences of Misuse: In the event of abusive use, the provider reserves the right to temporarily or permanently deactivate the user account of the relevant user. This results in the exclusion of the usage rights granted by the registration.
(4) Participation in Tours: Each user is responsible for their choice of the tours in which they participate and for selecting tour participants or tour providers. There are no legal claims against the app provider or other users regarding the conduct of tours.
(5) Responsibility of the User: Each user is responsible for their own use of the app and must ensure that it does not violate legal provisions. The provider is not liable for the safety of the routes selected using the app concerning public transport or for the manner in which tours are conducted. It is the user's responsibility to ensure that the destinations suggested by the app can be legally traveled to or accessed, and that property and house rights, both private and public, are respected. Furthermore, the user must ensure that they do not pose a threat to public safety and order, such as by blocking public pathways. It is imperative that the user always behaves in accordance with and respects local legislation.
(6) Respectful Interaction: The user agrees to interact respectfully with other users of the app. Discriminatory, harassing, or otherwise inappropriate communication may result in an immediate suspension of the user account.
(7) The user is obligated to keep the authentication data provided at registration confidential and not to disclose it to outsiders. It is the user's responsibility to take appropriate measures to prevent the disclosure of this data to third parties. In case of any signs of unauthorized use of their registration data, the user must immediately inform the provider.
§8
Duration of the contract and termination
(1) The user agreement between the user and the provider is concluded for an indefinite period of time.
(2) The user has the option to terminate the contract at any time by deactivating their user account.
(3) The provider has the right to terminate the contract if the user repeatedly or seriously violates the provisions of § 6 of these terms, particularly if they misuse the app for the purpose of committing or inciting unlawful acts.
(4) Statutory termination rights remain unaffected.
§9
Liability and Compensation
(1) In principle, all claims of the user for damages are excluded, with the exception of those arising from an injury to life, body, or health and based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or agents.
(2) In the event of a breach of essential contractual obligations, also known as cardinal duties (i.e., duties that are necessary to achieve the purpose of the contract), the provider is only liable if the damage was caused intentionally or through gross negligence.
(3) The provider assumes no liability for violations of legal regulations that the user commits by using the app. This particularly includes violations of the road traffic regulations or unlawful entry onto private property.
(4) The provider is not responsible for content from third parties referred to within the app through advertising links.
(5) All liability limitations apply equally to the provider's legal representatives and agents, should claims be directly made against them.
(6) The provisions of the Product Liability Act remain unaffected by the aforementioned liability limitations.
§10
Exemption and indemnification
(1) The user releases the provider from all claims that third parties assert against the provider due to an alleged infringement of their rights by the user's use of the app. The user assumes all costs incurred by the provider in this context, including reasonable costs for legal defense.
(2) The user commits to support the provider to the best of their abilities in defending against any third-party claims. This includes providing the provider with all information needed for the defense fully and truthfully.
§11
Applicable law
(1) This contract is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) Mandatory provisions of the country in which the user has their habitual residence remain unaffected.
(3) The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§12
Online dispute resolution and dispute resolution procedures
(1) The EU Commission has set up an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
(2) The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§13
Severability clause
The provider reserves the right to change these terms of use at any time with future effect.
If any provisions of this contract are wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract.
