Terms and Conditions

WALE-004-0001-00-1.0

Version: 1.0

Effective Date: 27 December 2024

1. General Overview

1.1 Scope of Services:

The App serves as a platform facilitating communication, event organization, task management, ticket purchases, and community interactions. The App acts as an intermediary and does not directly participate in transactions, events, or communications within communities.

1.2 Eligibility:

You must be at least 14 years old to use the App. By accessing or using the App, you confirm that you meet this age requirement.

1.3 Acceptance of Terms:

By creating an account or using the App, you agree to these Terms. If you do not agree, you must discontinue use of the App immediately.

2. User Responsibilities

2.1 Account Creation:

Users must provide accurate and truthful information during account registration. Users are responsible for maintaining the confidentiality of their account credentials.

2.2 Prohibited Activities:

  • Engaging in illegal activities such as fraud, money laundering, human trafficking, terrorism, and harassment.

  • Sharing explicit, violent, or harmful content.

  • Promoting hate speech, discrimination, or misinformation.

  • Impersonating others or misrepresenting affiliations.

  • Circumventing security measures or attempting to hack the platform.

  • Using the App to facilitate unauthorized commercial activities.

  • Violating intellectual property rights or privacy rights.

  • Spamming, phishing, or distributing malware.

2.3 Content Sharing Responsibilities:

  • Users are responsible for the content they upload, share, or distribute on the App’s servers.

  • Content must not violate any applicable laws or third-party rights, including intellectual property rights.

  • The App reserves the right to review, monitor, and remove any content that violates these Terms.

2.4 Protection Against Child Abuse and Exploitation:

  • Users are strictly prohibited from uploading, sharing, or distributing any material that depicts or promotes child abuse or child pornography.

  • Any such content will be reported to the appropriate authorities, and the user's account will be immediately terminated.

  • The App employs or will employ monitoring and reporting mechanisms to detect and address such violations, including partnerships with child protection agencies.

2.5 Copyright and Intellectual Property Compliance:

  • Users must respect intellectual property laws under European Union and German jurisdiction.

  • If content infringes on intellectual property rights, Wapoka GmbH may take action, including content removal or user account suspension.

  • Copyright holders may request the removal of infringing content by submitting a written notice with proof of ownership and details of the infringement.

  • Users may contest removals if they believe content was wrongfully flagged.

2.6 Transactions and Payments:

  • Users are advised to exercise caution before engaging in transactions, such as purchasing memberships, event tickets, or services through the App.

  • Wapoka GmbH does not guarantee the legitimacy or accuracy of offers provided by communities or third-party event organizers.

  • All transactions are conducted at the user’s own risk. Users should verify the authenticity of the parties involved before making payments.

2.7 Compliance:

Users must comply with all applicable local, state, national, and international laws.

3. Community and Group Management

3.1 Community Ownership:

  • Communities within the App are owned and managed by their respective owners ("Community Owners"). Community Owners are responsible for moderating content and user behavior within their communities.

  • Ensuring compliance with applicable laws and App policies.

  • Handling disputes, transactions, and other community-specific issues.

3.2 Community Member Responsibilities:

  • Community Members must adhere to the rules set by the Community Owner.

  • Transactions or engagements with a community are conducted at the member's own risk, and the App bears no responsibility for such interactions.

3.3 App’s Role:

The App operates as a neutral platform, akin to a shopping complex renting spaces to individual shops. Communities are independent entities, and the App does not take responsibility for their operations or liabilities.

4. Event Management and Ticket Purchases

4.1 Event Listings:

Event details, including tickets, are managed by event organizers. The App does not guarantee the accuracy or quality of events listed.

4.2 Ticket Transactions:

  • Purchases made through the App are facilitated by third-party payment processors.

  • Refunds and disputes are subject to the policies of the event organizer.

4.3 Location-Based Features:

The App uses location data to provide event recommendations. Users can manage location permissions through their device settings.

4.4 Cancellation Policies:

Event cancellations or changes are at the discretion of the organizer. Users should refer to the event-specific terms.

4.5 Caution for Transactions:

  • Users are strongly advised to carefully review event details, organizer credibility, and refund policies before making any ticket purchases or commitments.

  • Wapoka GmbH is not liable for losses incurred due to fraudulent events or organizers.

5. Privacy and Data Usage

5.1 Data Collection:

The App collects and processes personal data in accordance with its Privacy Policy. This includes:

  • Profile Information:

    Name, email address, phone number, date of birth, and other details provided during account registration.

  • Business Information:

    For businesses using the App, VAT numbers, registered addresses, and business contact information may be collected.

  • Forms and Surveys:

    Information collected through forms or surveys distributed by community owners or event organizers, such as preferences, feedback, or additional personal details.

  • Account and Activity Data:

    Login credentials, usage history, preferences, settings, and other account activity data.

  • Content Data:

    Messages, images, videos, files, and other content shared through the App’s servers.

  • Device Information:

    Device type, operating system, browser type, IP address, and other technical information for diagnostics.

  • Location Data:

    Real-time geographic location if enabled, as well as regional data based on IP address.

  • Payment Information:

    Transaction details, payment methods, billing addresses, and purchase history within the App.

  • Interaction Data:

    Information about interactions with other users, communities, and events, including RSVPs, comments, and engagements.

  • Technical Logs:

    Diagnostic, crash, and performance data collected to identify and address issues.

  • Third-Party Data:

    Data shared through integrations with third-party services, such as social media profiles or linked accounts.

  • Support Communications:

    Details provided during interactions with customer support, such as issue descriptions and correspondence records.

6. Intellectual Property

6.1 Ownership:

The App and its content, including but not limited to software, designs, and trademarks, are the property of Wapoka GmbH. Unauthorized use is prohibited.

6.2 User Content:

Users retain ownership of content they create but grant the App a non-exclusive, royalty-free license to display and distribute such content within the platform. This includes:

  • Granting permission for content backups.

  • Sharing content with users as intended by App features.

6.3 Takedown Requests:

Wapoka GmbH reserves the right to remove content flagged for intellectual property violations.

7. Liability and Disclaimers

7.1 Platform Role:

The App acts as an intermediary platform and does not endorse or take responsibility for:

  • The accuracy of user-generated content.

  • Transactions or agreements between users.

  • Community-specific rules or operations.

7.2 Limitation of Liability:

Wapoka GmbH is not liable for:

  • Direct, indirect, incidental, or consequential damages arising from App use.

  • Losses due to unauthorized access or data breaches beyond reasonable control.

  • Financial or reputational losses resulting from community or organizer misconduct.

  • Errors, inaccuracies, or omissions in content or services provided through the App.

7.3 Indemnification:

Users agree to indemnify and hold harmless Wapoka GmbH from claims, damages, or liabilities arising from their use of the App, including but not limited to:

  • Violations of these Terms.

  • Illegal or unauthorized use of the App.

  • User-generated content infringing third-party rights.

  • Disputes between users or with third parties arising from interactions on the App.

7.4 Disclaimer of Warranties:

  • The App and its services are provided "as is" and "as available" without warranties of any kind, either express or implied.

  • Wapoka GmbH has implemented security-by-design principles and robust security measures to protect user data and access; however, secure access to the App cannot be guaranteed against unknown and highly skilled attacks.

  • Wapoka GmbH does not guarantee uninterrupted, error-free, or fully secure access to the App.

  • Users acknowledge and accept the inherent risks associated with digital platforms and agree to use the App at their own discretion and responsibility.

  • Wapoka GmbH does not guarantee uninterrupted, error-free, or secure access to the App.

8. Termination

8.1 User Termination:

Users may deactivate their accounts at any time.

8.2 App Termination:

The App reserves the right to terminate or suspend user accounts for violations of these Terms.

8.3 Effects of Termination:

Upon termination, users lose access to their accounts, and Wapoka GmbH may delete related data.

8.4 No Liability for Termination:

Wapoka GmbH is not liable for damages or losses resulting from the termination of accounts or access to services.

9. Dispute Resolution

9.1 Governing Law:

These Terms are governed by the laws of Germany.

9.2 Arbitration:

Disputes will be resolved through binding arbitration in Germany, unless prohibited by law.

9.3 Jurisdiction:

Users agree that any disputes not subject to arbitration shall be resolved in the courts of Germany.

9.4 Limitation on Claims:

Any claim against Wapoka GmbH must be filed within one year of the cause of action arising.

10. Amendments

10.1 Updates:

The App reserves the right to amend these Terms. Users will be notified of significant changes, and continued use of the App constitutes acceptance.

10.2 Effective Date of Changes:

Updates become effective immediately upon posting unless otherwise specified.

11. Third-Party Links and Services

11.1 External Links:

The App may include links to third-party websites or services. Wapoka GmbH does not endorse or take responsibility for these third parties.

11.2 User Responsibility:

Users are encouraged to review the terms and policies of linked services before engaging with them.

12. Contact Information

For questions or concerns regarding these Terms, contact us at [email protected].