Terms and Conditions

§1 Scope

(1) These General Terms and Conditions (T&Cs) govern the use of the mobile application “Traintrack” (iOS and Android) and all associated features and services.

(2) The platform is operated by: EastsitePlatforms UG (haftungsbeschränkt), Seckenheimer Landstraße 7, 68163 Mannheim Email: info@traintrackapp.de

(3) The platform is aimed exclusively at consumers (B2C).

(4) Any deviating terms and conditions of users do not apply.

§2 Description of services

(1) Traintrack is a community platform for railway enthusiasts (“trainspotters”) on which users can, in particular:

• share content (photos, videos, texts) related to railways,
• document sightings of trains,
• exchange information and
• receive symbolic points and badges.

(2) Use of the platform is generally free of charge. Individual features may be subject to a charge and can be unlocked via in-app subscriptions.

(3) There is no entitlement to particular features, availability or further development.

§3 Registration & user account

(1) Use requires registration with an email address and password or via a third-party provider (Google, Apple).

(2) Users must be at least 16 years old at the time of registration.

(3) No age or identity verification takes place. By registering, users confirm that they have reached the required minimum age.

(4) Users are obliged to keep their login details confidential.

§4 Rules of conduct for users

(1) Users may only upload content related to railways.

(2) In particular, content is prohibited that:

• violates applicable law,
• is offensive, discriminatory, glorifies violence or is pornographic,
• contains advertising or spam,
• depicts or glorifies dangerous or prohibited behaviour,
• originates from areas that were entered unlawfully.

(3) The operators are entitled to remove content at any time and without giving reasons.

§5 Trainspotting, safety & personal responsibility

(1) Users are aware that photographing, filming or watching trains can involve risks.

(2) Use of the platform does not constitute an invitation, recommendation or instruction to put oneself in dangerous situations or to break any laws or regulations.

(3) The operators:

• do not organise any spotting activities,
• do not give any safety instructions,
• do not assume any duty of supervision.

(4) Users act entirely on their own responsibility and are themselves responsible for their safety and for complying with all laws.

(5) The operators are not liable for accidents, injuries or damage connected with the use of the platform or with trainspotting activities.

§6 Gamification

(1) Points, badges and other game elements serve solely as motivation and have no material value.

(2) There is no entitlement to achieve, keep or transfer such virtual awards.

(3) Gamification does not constitute a competition or any pressure to perform.

§7 User content & rights of use

(1) Users retain the copyright in their content.

(2) By uploading content, users grant the operators a non-exclusive, perpetual, worldwide and royalty-free right to:

• store it,
• reproduce it,
• edit it,
• publish it,
• make it publicly available,
• use it for commercial purposes (e.g. calendars, social media, advertising).

(3) The author is always credited, where technically and practically possible.

(4) The right of use ends when the user account is deleted, unless statutory retention obligations or publications that have already taken place prevent this.

§8 Reporting system & moderation

(1) Users can report content, comments or profiles.

(2) The operators decide on any measures at their own discretion.

(3) There is no entitlement to the retention of particular content or accounts.

§9 Suspension & termination

(1) The operators may, at any time:

• restrict,
• suspend,
• delete user accounts.

(2) In the case of serious or repeated violations, this may happen without prior warning.

(3) If an account is suspended or deleted, there is no entitlement to a refund of current subscriptions.

§10 Paid services & subscriptions

(1) Paid features are offered via in-app subscriptions.

(2) The conclusion of the contract, payment and cancellation take place exclusively via:

• Apple App Store
• Google Play Store

(3) The respective terms of use of the platform operators also apply.

§11 Liability

(1) The operators are liable without limitation only in cases of intent and gross negligence.

(2) In cases of simple negligence, the operators are only liable for breaches of essential contractual obligations, and limited to the typical damage.

(3) Liability for indirect damage, loss of profit and loss of data is excluded.

(4) These limitations of liability do not apply to injury to life, body or health.

§12 Data protection

Personal data is processed in accordance with the separate privacy policy.

§13 Applicable law & place of jurisdiction

(1) The law of the Federal Republic of Germany applies.

(2) For consumers, the statutory place of jurisdiction applies.

§14 Severability clause

Should any provision of these T&Cs be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.