1.1 Scope of services

The Platform serves as a platform enabling communication, event organization, task management, event registrations, and community interactions. The Platform acts as an intermediary and does not directly participate in transactions, events, or communication processes within communities. The Platform does not provide emergency services and should not be used for emergency communications.

1.2 Eligibility

You must be at least 16 years old to use the Platform. If required under applicable law, users under the age of 18 must obtain the consent of a parent or legal guardian. By registering or using the Platform, you confirm that you meet the age requirement and, where applicable, that the necessary consent has been obtained. Wapoka GmbH may request age or consent verification in accordance with applicable law.

1.3 Acceptance of the Terms

By creating an account or using the Platform, you agree to these Terms. If you do not agree, you must cease using the Platform immediately.

1.4 Clarification on Group Chat

For the purposes of these Terms, references to "group chat" include, where applicable, subgroup chats (e.g. linked to events), community chats, and private channels within a community. These chats may be protected by end-to-end encryption where the feature is enabled. Public channels are not available in the current scope of the Platform and will be addressed separately once introduced.

2.1 Account creation

Users must provide correct and truthful information when registering. They are responsible for maintaining the confidentiality of their account details.

2.2 Prohibited Activities

Users are strictly prohibited from using the Platform in any manner that violates applicable law, these Terms and Conditions, or the rights of third parties. In particular, users must not engage in, attempt to engage in, or facilitate any of the following activities:

• Illegal activities, including but not limited to fraud, money laundering, human trafficking, terrorism, harassment, threats, or other criminal conduct;
• Dissemination of unlawful or harmful content, including content that is illegal, obscene, violent, abusive, or otherwise prohibited under applicable law;
• Hate speech and unlawful discrimination, meaning content that incites hatred, violence, or discrimination against individuals or groups based on legally protected characteristics;
• False or misleading representations, including impersonation of another person or entity, or misrepresentation of identity, affiliation, or authority;
• Security violations, including attempting to circumvent, disable, or interfere with the Platform's security, access controls, or technical safeguards;
• Unauthorized commercial use, including using the Platform for commercial purposes without authorization, in violation of applicable law, or contrary to these Terms;
• Infringement of intellectual property or privacy rights, including the unauthorized use, distribution, or disclosure of copyrighted works, trademarks, trade secrets, or personal data of third parties;
• Malicious or abusive practices, including sending spam, phishing messages, scams, or distributing malware, harmful code, or automated tools designed to disrupt or misuse the Platform.

This includes, in particular, content falling under Section 2.4 (Protection Against Child Sexual Abuse).

This list is non-exhaustive. Wapoka GmbH reserves the right to take appropriate measures, including the removal of content, restriction of access, suspension, or termination of user accounts, in accordance with these Terms and Conditions and applicable law, in particular Regulation (EU) 2022/2065 (Digital Services Act).

2.3 Responsibility for shared content

Users are responsible for content they upload, share, or distribute to the Platform's servers. Content must not violate applicable laws or third-party rights (including copyrights). Wapoka GmbH reserves the right to review, monitor, and remove content that violates these Terms.

2.4 Protection Against Child Sexual Abuse

Users are strictly prohibited from uploading, sharing, distributing, or otherwise making available any content that depicts, promotes, facilitates, or refers to the sexual abuse or sexual exploitation of children, including child sexual abuse material (CSAM) or child pornography within the meaning of applicable criminal laws.

Such content constitutes a serious violation of these Terms and Conditions and of applicable law. Upon becoming aware of such content, Wapoka GmbH will take appropriate measures without undue delay, including the suspension or termination of the relevant user account and, where legally required, reporting the matter to the competent law enforcement authorities.

Any processing of data in this context is carried out in accordance with applicable legal requirements and with due regard to the end-to-end encryption of private communications.

2.5 Copyright and intellectual property infringements

Users must comply with all applicable copyright, trademark, and intellectual property laws in their respective jurisdictions. If content infringes intellectual property rights (e.g. copyrights, trademarks), Wapoka GmbH may take appropriate measures, including removing such content or suspending the user account. Rights holders may request removal of infringing content by submitting a written notice with sufficient details to identify the content, proof of their entitlement, and a description of the alleged violation. Users may submit a counter-notice if they believe their content was removed in error or that their use is lawful (e.g. based on a license, fair use, or other applicable exception). Wapoka GmbH will review both notices in good faith and decide at its reasonable discretion whether to remove or reinstate the content.

2.6 Transactions and payments

Users should exercise caution when interacting with offers presented by community operators or organizers through the Platform. If the Platform introduces payment-related features in the future, transactions such as memberships, event tickets, or donations may be facilitated through third-party services. Offers are the responsibility of community operators or third-party organizers; Wapoka GmbH is not their contracting party and does not collect any of these payments in its own name. Contracts are concluded exclusively between the user and the respective community operator/organizer. Separately, Wapoka GmbH may charge platform or service fees in accordance with Section 5 of these Terms, where such fees are clearly disclosed and permitted by applicable law. Wapoka GmbH does not guarantee the legality, quality, or accuracy of such offers; transactions are at the user's own risk.

2.7 Compliance with laws

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

2.8 Reporting illegal content

Wapoka GmbH provides mechanisms to report content, events, communities, profiles, and user behavior that users believe to be illegal or in violation of these Terms. If you find content on the Platform that you believe violates applicable law (e.g. criminal law, copyright law, or other statutory provisions), you can notify us via the Platform's reporting function or at legal@wapoka.com. After receiving a sufficiently precise and substantiated notice of allegedly illegal content, Wapoka GmbH will promptly review the report and, if necessary, remove the content or disable access to it. Wapoka GmbH may inform the reporting person and the content provider of the outcome of the report, as required by applicable law. For users in the European Union, this procedure is provided in accordance with Article 16 of the Digital Services Act (Regulation (EU) 2022/2065).

2.9 Internal complaint procedure

If Wapoka GmbH removes or disables access to content you have provided, or suspends or terminates your account, due to an alleged violation of these Terms or legal requirements, you will be informed of the reasons. You have the right to lodge a complaint against such a decision. For this purpose, Wapoka GmbH provides an internal complaint procedure pursuant to Article 17 of the Digital Services Act. Wapoka GmbH will review your complaint and inform you of the outcome within a reasonable period. This does not affect your statutory rights or legal remedies. Where required by applicable law, Wapoka GmbH will provide the affected user with a statement of reasons for measures such as content removal, access restriction, suspension, or termination.

2.10 User content, chat, and communication

2.11 Data requested by communities

Wapoka GmbH provides technical tools that allow community administrators to request additional information from users during membership or event registration (e.g. name, date of birth, gender). The scope of this information is determined by the respective administrator. Wapoka GmbH processes and stores such data solely for the technical provision of the Platform and makes them available through the Platform to the relevant community operator or administrator. The respective community operator or administrator is solely responsible for defining the purpose, scope, and lawfulness of such data requests. The administrator undertakes to use the requested information only in connection with the respective community or event and not to misuse it for other purposes.

2.12 Visibility of profile data

Wapoka GmbH provides functions in the profile settings allowing users to control which information is visible to others. By default, other users can see the profile name and profile picture. Further details such as "last seen" status, online status, read receipts, "about me" status, or the ability to add a user to groups are only visible if the user enables this in their settings. Users can adjust this visibility at any time in the profile settings.

2.13 Chat Reporting Mechanism

Wapoka GmbH provides a reporting mechanism that allows users to report communications that may violate these Terms or applicable law. When a user submits a report, the relevant portion of the communication (for example, a limited number of recent messages necessary for context) is automatically transmitted in encrypted form to Wapoka GmbH for review. Such data are processed exclusively for the purpose of investigating the report and ensuring compliance with these Terms. Outside of this user-initiated reporting process, Wapoka GmbH has no access to the content of end-to-end encrypted one-to-one or group communications, or shared media.

2.13A Blocking and Safety Controls

The Platform provides features that allow users to block or restrict other users from contacting them or interacting with them. Users are responsible for using these features appropriately. Wapoka GmbH may additionally impose restrictions on user interactions where necessary for safety, moderation, or legal compliance.

2.14 Task Management

Tasks created, assigned, or managed within the Platform — including in the context of a community or event — are considered user-generated content. Wapoka GmbH assumes no responsibility for the creation, accuracy, execution, or outcomes of such tasks. The Platform does not participate in or guarantee any obligations arising from task assignments between users or community operators.

3.1 Community ownership

Communities within the Platform are managed by their respective owners ("community operators"). Community operators are responsible for moderating content and user behavior within their community, complying with all applicable laws as well as the Platform's policies, and handling disputes, transactions, and other community-specific matters.

3.2 Obligations of community members

Members of a community must follow the rules set by the community operator. Transactions or interactions within a community are at the member's own risk, and Wapoka GmbH assumes no responsibility for such processes.

3.3 Role of the Platform

The Platform acts as a technical intermediary that enables independent communities and organizers to manage their activities within the Wapoka ecosystem. Unless expressly stated otherwise, Wapoka GmbH is not the organizer, seller, merchant, contracting party, or publisher of community-specific activities or offers. Communities are independent entities, and Wapoka GmbH assumes no responsibility for their business operations or liabilities.

3.4 Compliance with consumer protection laws

Community operators and organizers — including businesses, associations, and private individuals — using the Platform are solely responsible for complying with all applicable consumer protection laws. This includes, in particular, the obligation to provide legally required information (such as an imprint, withdrawal policy, and refund rules) and to properly handle consumer withdrawal and refund claims. Wapoka GmbH assumes no responsibility for such compliance; all obligations rest exclusively with the respective community operator or organizer.

Community operators must declare, where applicable, whether they act as a trader or as a private individual when offering goods or services through the Platform. Wapoka GmbH may display this declaration to users for transparency purposes but does not independently verify its legal accuracy. If a community operator declares that they are not acting as a trader, consumers will be informed that statutory consumer protection rights (such as withdrawal rights) do not apply to transactions with that operator. Community operators may additionally publish their own terms and conditions in the designated section of the Platform.

3.5 Communities – Data Processing, Responsibility, and Legal Framework

3.6 Use of Community Data Across Multiple Communities

Community operators, administrators, and members may participate in, manage, or represent multiple communities on the Platform. Personal data obtained through the operation of a specific community (including membership information, event registrations, communications, or other community-related data) may be used only for the legitimate purposes of that specific community for which the data was provided.

The use, transfer, aggregation, comparison, or reuse of personal data from one community for the purposes of another community, or outside the context of the Platform, is strictly prohibited unless such use is permitted under applicable data protection law and a valid legal basis (such as the data subject's explicit consent or a separate legal obligation) exists.

Community operators and administrators act as independent data controllers for community-specific data processing and are solely responsible for ensuring compliance with applicable data protection laws, including the principles of purpose limitation, data minimization, and confidentiality. Wapoka GmbH does not authorize, control, or monitor the use of community data across different communities and assumes no responsibility or liability for any misuse or unlawful processing of personal data by community operators, administrators, or members.

Any unlawful use or misuse of community data across communities constitutes a material violation of these Terms and Conditions and may result in enforcement measures, including suspension or termination of accounts, in accordance with these Terms and applicable law.

3.6.1 Prohibition on Data Combination

Community operators and administrators are expressly prohibited from combining, enriching, or matching personal data obtained from a community with data obtained from other communities, external sources, or personal contact lists, unless permitted by applicable law and supported by a valid legal basis.

4.1 Event entries

Event details (including tickets) are managed by the organizers themselves. Wapoka GmbH provides no guarantee for the accuracy or quality of the listed events.

4.2 Ticket transactions

If and when purchases are enabled on the Platform, payments may be processed by third-party payment service providers. Refunds and disputes are subject to the organizer's policies.

4.3 Location-based features

Where location-based features are enabled by the user, the Platform may use device location data to provide nearby event and community recommendations. Users can enable or disable location access at any time through their device settings and, where available, within the Platform settings. (This information is provided in accordance with Article 27 of Regulation (EU) 2022/2065, the Digital Services Act.)

4.4 Cancellation policies

The cancellation or modification of events is at the discretion of the organizer. Users should observe the event-specific provisions.

4.5 Caution in transactions

Users are strongly advised to carefully check event details, the organizer's trustworthiness, and applicable refund policies before purchasing tickets or committing to events. Wapoka GmbH is not liable for losses arising from fraudulent events or organizers.

4.6 Recommendation systems

Suggested communities and similar recommendation features may be based primarily on the user's approximate or precise location, where location sharing is enabled, and may also take into account other relevant factors such as region or community relevance. Users can influence such recommendations by disabling location access.

4.7 Offline payments

Where payment features are introduced in the future, Wapoka GmbH may enable community operators and organizers – in addition to integrated online payment methods via third-party payment service providers – to also use alternative payment methods such as bank transfer or cash payment directly to the operator/organizer. In the case of such offline payments, Wapoka GmbH does not act as a payment service provider or contracting party and assumes no responsibility for the receipt, proper use, or refund of such payments. Any claims related to offline payments must be made exclusively against the respective community operator or organizer.

4.8 Event descriptions and images

Responsibility for the content of event listings (including titles, descriptions, images, and other media) lies solely with the respective organizer. All information must be accurate, not misleading, and compliant with applicable law. Uploading infringing, offensive, discriminatory, or otherwise inadmissible content is prohibited. Organizers warrant that they hold the necessary rights to all uploaded images and media. Wapoka GmbH reserves the right to review, adjust, or remove event listings or content if they violate these Terms or applicable law. Wapoka GmbH assumes no liability for the accuracy or legality of event listings or related media content.

4.9 Ticket and Registration Limits

Wapoka GmbH reserves the right to restrict the number of tickets that may be purchased per registration and to limit the total number of registrations permitted per user for any event. These limitations apply by default to all events, unless otherwise specified. Users will be informed of applicable limits during the ticket selection or registration process.

4.10 Event Deletion and Data Retention

5.1 Platform and service fees

Wapoka GmbH may charge a platform or service fee for certain transactions – including community memberships, event ticket purchases, or donations. This fee is a charge for the use of the Platform and serves to cover Wapoka GmbH's operating costs. It does not include the fees or transaction costs of payment service providers, which may be charged separately by the payment provider or the organizer. Platform fees charged by Wapoka GmbH will be clearly disclosed to you before you finalize a transaction and will include any applicable VAT or similar taxes, where required by law. Additional charges by third-party payment providers are outside Wapoka GmbH's control and will be shown by the respective provider during the payment process.

5.2 No refund of platform fees

Unless mandatory law provides otherwise, platform or service fees charged directly by Wapoka GmbH may be non-refundable where clearly disclosed before purchase. This may also apply if the associated transaction (e.g. membership, event, or donation) is cancelled or refunded by the respective community or organizer. Statutory consumer rights remain unaffected.

5.3 Responsibility of organizers for refunds

Refunds for tickets, memberships, or donations are at the sole discretion of the respective community operator or event organizer. They are legally responsible for reviewing and processing withdrawals or refunds in accordance with applicable law, in particular if an event is cancelled or not carried out as agreed. Wapoka GmbH acts solely as a platform provider and is neither obligated nor responsible for carrying out, approving, or processing such refunds.

5.4 User acknowledgement

Where applicable, platform fees charged by Wapoka GmbH relate to the provision of the Platform service itself and are governed by the specific terms presented at the time of purchase, subject to applicable law.

5.5 Statutory rights

Wapoka GmbH will only provide refunds if it is itself the direct contracting party of the transaction concerned. Mandatory statutory consumer rights remain unaffected, in particular withdrawal rights under §§ 355 et seq. BGB as well as rights under § 312g BGB. These rights take precedence over the above provisions.

5.6 Changes to Fees, Subscription Plans, and Pricing

Wapoka GmbH may adjust its subscription offerings, fees, or the allocation of free vs. paid features from time to time for legitimate reasons (for example, to adapt to technical improvements, changes in our costs, legal requirements, or to add or remove services). Any such changes will be communicated to you in advance, at least 30 days before they take effect. We will clearly inform you of the nature of the change, the effective date, and how it may impact your use of the Platform. No change will retroactively increase any fee you have already paid. If you have an active paid subscription and a change results in higher fees or materially reduced services for you, you have the right to cancel your subscription before the change takes effect. In that case, any prepaid fees covering the period after the effective date of the change will be refunded pro rata. Continued use of the Platform or of the affected subscription plan after the effective date constitutes acceptance of the change.

5.7 Tax responsibility

Community operators, including businesses, associations, and private individuals, are solely responsible for complying with all applicable tax obligations. This includes, in particular, the proper collection and payment of VAT (value-added tax), income or corporate tax, and any other levies that may arise in connection with services or events offered through the Platform. Wapoka GmbH assumes no responsibility for the tax treatment of transactions between community operators and users.

6.1 Data collection

Wapoka GmbH collects and processes only those categories of personal data that are necessary for the operation of the Platform, as described in the Privacy Policy (available at https://wapoka.com/privacy-policy/en/). The information obligations under Art. 13/14 GDPR (including purposes, legal bases, recipients, storage period, third countries, data subject rights) are set out in the Privacy Policy published there. This includes, among other things:

• Profile data: name, email address, telephone number, date of birth, and other information provided during account creation.
• Account and activity data: login data, usage history, settings, and other account information and activities.
• Content data: messages, images, videos, files, and other content shared via the Platform's servers.
• Device information: device type, operating system, browser type, IP address, and other technical information collected for diagnostic purposes.
• Location data: where location features are enabled, approximate or precise location for recommendations; and regional information based on the IP address.
• Interaction data: information about interactions with other users, communities, and events, including RSVPs, comments, and other participation.
• Technical logs: diagnostic, error, and performance data collected to identify and fix problems.
• Support communications: details provided as part of support requests, such as problem descriptions and correspondence records.

All data collected are processed and used in accordance with applicable data protection laws, including the GDPR and the Swiss Data Protection Act (DSG), to improve the functionality of the Platform, ensure security, and personalize the user experience.

6.2 Data security

Wapoka GmbH implements appropriate measures to protect user data, but due to the inherent risks of digital transmissions cannot guarantee absolute security.

6.3 Liability in the event of a data breach

Wapoka GmbH will notify affected users in the event of a data breach involving personally identifiable information, in accordance with legal requirements. Users acknowledge that no digital platform is completely secure and use the Platform at their own risk.

6.4 Data subject rights

Under the EU General Data Protection Regulation (GDPR), users whose personal data are processed are entitled to various rights. These include, in particular, the right of access to stored personal data, the right to rectification of inaccurate data, the right to erasure or restriction of processing, the right to data portability, and the right to object to certain processing activities. Further details on these rights and our privacy practices can be found in our Privacy Policy.

6.5 Legal bases for processing

Wapoka GmbH processes personal data in accordance with the legal bases provided under the GDPR, especially Article 6(1)(b) (performance of contract), Article 6(1)(f) (legitimate interests, such as maintaining and improving platform security and functionality), and, where legally required, Article 6(1)(a) (consent). For details on all processing activities, purposes, retention periods, and user rights, please refer to our Privacy Policy.

6.6 Data storage

Personal data are retained only for as long as necessary for the purposes for which they were collected or as required by law. For example, undelivered messages may be temporarily stored for up to 30 days solely for delivery purposes, after which they are automatically deleted unless a longer retention period is required by law. Wapoka does not independently archive private communications after delivery beyond what is technically necessary for message transmission, reporting, security, and legal compliance. Basic log files and metadata may be retained for up to 27 days for security, abuse prevention, and moderation purposes, unless a longer retention is required to fulfill legal obligations or resolve disputes. After the relevant retention period expires, personal data are anonymized or deleted in accordance with our data retention policies.

6.7 Data Protection Officer

If you have questions or concerns regarding your personal data or our data processing practices, you can contact our Data Protection Officer at info@dg-datenschutz.de.

6.8 Data sharing with community operators

Community operators and event organizers have access to certain personal data of users as necessary to operate their communities or events. In particular, when you join a community or register for an event, the information you provide (such as your profile name, membership details, and any data submitted via registration forms) is made available to the respective community operator or organizer through the Platform's tools.

Community operators and organizers are only permitted to use this data for the purpose of managing their community or event and must process it in compliance with applicable data protection laws. They do not receive any additional personal data beyond what is explicitly provided or consented to via the Platform.

Wapoka GmbH has technical access to all data processed through the Platform (with the exception of the contents of end-to-end encrypted one-to-one communications, group communications, and shared media, which Wapoka GmbH cannot read) and processes such data strictly in accordance with our Privacy Policy, solely for the purposes of operating, securing, and improving the Platform, and always in compliance with the GDPR.

When creating or registering for an event, certain personal information—such as your name, email address, and mobile number—may be automatically retrieved from your user profile to simplify the registration process. This data is used solely for the purpose of event registration and participation and is shared with the respective community operator or organizer as part of that process.

6.9 Use of Email and Communication

Wapoka GmbH uses the email address provided by the user to send one-time passwords (OTPs), security messages, account-related notices, and other communications necessary for the operation of the Platform. Promotional or newsletter communications will only be sent where permitted by applicable law and, where required, based on the user's prior consent. Legally required communications (such as security notices or changes to the Terms) cannot be opted out of.

7.1 Ownership

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

7.2 User-generated content

Users retain ownership of the content they upload to the Platform (such as texts, media, and shared data). By uploading or sharing content, users grant Wapoka GmbH a non-exclusive, royalty-free, worldwide license to store, display, distribute, and process such content within the Platform's features and services. This license allows Wapoka GmbH to operate the Platform as intended, including performing backups and enabling sharing functionality. Users are responsible for ensuring they have the rights to the content they share.

7.3 Takedown requests

Wapoka GmbH reserves the right to remove content reported as infringing intellectual property rights.

8.1 Role of the Platform

The Platform functions as an intermediary platform, and Wapoka GmbH assumes no responsibility for the accuracy of user-generated content, for transactions or arrangements between users, or for community-specific rules or processes.

8.2 Limitation of liability

Subject to Section 8.5 and to the extent permitted by law, Wapoka GmbH shall not be liable for losses arising from user-generated content, third-party conduct, community-specific rules or activities, or events and transactions for which Wapoka GmbH is not the contracting party.

8.3 Indemnification

Users agree to indemnify and hold harmless Wapoka GmbH from any claims, damages, or liabilities arising from their use of the Platform, including but not limited to violations of these Terms, illegal or unauthorized use of the Platform, user-generated content that infringes third-party rights, or disputes between users or with third parties resulting from interactions on the Platform.

8.4 Warranty disclaimer

The Platform and its services are provided on an "as is" and "as available" basis, subject to mandatory statutory rights, without express or implied warranties. Wapoka GmbH has implemented security principles ("security-by-design") and robust security measures to protect user data and access; however, absolutely secure access to the Platform against unknown or highly sophisticated attacks cannot be guaranteed. Wapoka GmbH does not warrant that access to the Platform will be uninterrupted, error-free, or completely secure. Users acknowledge the inherent risks of digital platforms and use the Platform at their own responsibility and discretion.

8.5 Statutory liability rules

Notwithstanding the foregoing limitations, Wapoka GmbH remains fully liable under statutory law for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health. For damages caused by simple negligence, Wapoka GmbH is liable only where an essential contractual obligation (cardinal duty) has been breached; in such cases, liability is limited to the typical, foreseeable damage. In all other cases, liability is excluded. Mandatory liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

8.6 Modifications to Features or Services

Wapoka GmbH reserves the right to add, modify, suspend, or discontinue individual features, functionalities, or services of the Platform at any time, in whole or in part, at its reasonable discretion and without liability. This may occur with or without prior notice, unless otherwise required by law or agreed in writing. Such changes do not affect the validity of these Terms or the user's general access to the Platform, unless they fundamentally impair the contractual purpose. Users have no entitlement to the continued availability of specific features unless expressly agreed.

8.7 Evolving services and availability

The Platform is continuously developed and improved. Certain features may be updated, refined, or changed over time. The Platform may occasionally experience outages, data inconsistencies, or performance limitations. Users understand and agree that the Platform is made available in accordance with these Terms. Wapoka GmbH may discontinue or alter features where necessary for operational or legal reasons. This clause applies in addition to the general disclaimers and limitations in these Terms.

8.8 Content and behaviour moderation

Wapoka GmbH may use technical, organizational, and moderation measures to detect, review, restrict, or remove content or behaviour that violates these Terms, applicable law, or platform safety requirements.

9.1 Termination by the user

Users may deactivate or delete their account at any time.

9.2 Termination by Wapoka GmbH

Wapoka GmbH reserves the right to suspend or delete user accounts in the event of violations of these Terms or applicable law.

9.3 Consequences of termination

After termination, users lose access to their account. Wapoka GmbH may delete or anonymize associated data in accordance with these Terms, the Privacy Policy, and applicable law. Certain limited technical, legal, or compliance-related data may be retained where permitted or required by law.

9.4 No liability for termination

To the extent permitted by law, Wapoka GmbH is not liable for damages or losses resulting from the termination of accounts or the withdrawal of access to services.

9.5 Blocking of communities

Wapoka GmbH is entitled to block communities or refuse their creation if their name or content violates applicable law, these Terms, or the values of the Platform, or is otherwise deemed inappropriate.

9.6 Blocking of usernames

Wapoka GmbH reserves the right to suspend user accounts or refuse usernames if they are misleading, offensive, or otherwise inappropriate, or violate applicable law.

9.7 Termination of business users under the P2B Regulation

If Wapoka GmbH terminates a business user's (e.g. community operator or organizer) access to the Platform's services without a violation of these Terms, a notice period of at least 30 days shall be observed. The reasons for the termination will be communicated to the business user in text form. Immediate termination without notice is permitted if the business user violates applicable law or these Terms, or if immediate action is required for security or legal reasons. Business users have the right to file an internal complaint.

9.8 Termination of end users

End users may delete or deactivate their account at any time. Wapoka GmbH may immediately suspend or terminate an end user's access in case of violations of these Terms or for legal or security reasons. In such cases, the affected user will be informed of the reasons and has the right to file an internal complaint.

9.9 Discontinuation of service

Wapoka GmbH reserves the right to discontinue the provision of the Platform in its entirety. In this case, all users will be notified with reasonable advance notice where possible, and at least 30 days in advance where required by applicable law. Any existing contracts with Wapoka GmbH (e.g. paid subscriptions) will automatically terminate upon discontinuation of the service; any fees paid in advance will be refunded on a pro-rata basis. After discontinuation, user accounts and related data will be deleted unless retention is required by law.

9.10 Blocking and Restrictions

Wapoka GmbH may restrict access to specific content, suspend or block user accounts, or deactivate communities if such actions are necessary to: enforce these Terms and Conditions, Community Guidelines, or applicable law, protect platform integrity, safety, or public interest, respond to violations of user conduct rules, or comply with legal obligations or authority orders. The affected user or community operator will be informed without undue delay — at the latest at the time of the action — and provided with a clear statement of reasons, including the contractual or legal ground for the decision and relevant facts. Users and business users have the right to file a free internal complaint through the platform's designated process. Wapoka GmbH will review the complaint and inform the user of the outcome in writing within a reasonable timeframe. In the case of termination or blocking of a business user (e.g. community or event operator) not based on a violation, Wapoka GmbH will provide at least 30 days' prior notice in writing, along with the reasons and an opportunity to appeal. Immediate suspension is permitted for legal, urgent, or safety-critical reasons, with reasons shared promptly afterward. These provisions implement Articles 4 and 11 of Regulation (EU) 2019/1150 and Articles 14 to 17 of the Digital Services Act (Regulation (EU) 2022/2065).

9.11 Account and Community Deletion; Metadata Retention

10.1 Governing law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers within the European Union, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 Place of jurisdiction

If the user is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the registered office of Wapoka GmbH (Munich, Germany). Statutory provisions on exclusive places of jurisdiction for consumers remain unaffected. For consumers, the statutory place of jurisdiction applies in accordance with the applicable procedural laws.

10.3 Consumer dispute resolution

Wapoka GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. However, in accordance with Regulation (EU) 2024/3228 on online dispute resolution for consumer disputes, information about the European online dispute resolution framework may be found through the official European Union dispute resolution resources. Our contact email for consumer complaints is admin@wapoka.com (as also stated in our Imprint). Please note that using the ODR platform does not obligate Wapoka GmbH to participate in a formal dispute resolution process. Consumers residing outside the European Union may rely on the mandatory consumer rights available in their country of residence.

10.4 Internal complaint process

Notwithstanding the foregoing provisions, Wapoka GmbH encourages users to contact our support or customer service directly with complaints or problems. We strive to resolve issues directly with users fairly and promptly.

10.5 Mediation (business users)

In the event of a dispute between Wapoka GmbH and a business user (such as a community operator or organizer) that cannot be resolved through our internal complaint procedure, Wapoka GmbH is willing to engage in mediation to reach an amicable solution.

In accordance with Article 12 of Regulation (EU) 2019/1150 (Platform-to-Business Regulation), we hereby designate the following independent mediators with which we are prepared to cooperate:

• Centre for Effective Dispute Resolution (CEDR), United Kingdom
• Mediationsinstituttet, Denmark

Wapoka GmbH may substitute or add equivalent EU-based mediation bodies in the future if necessary. Wapoka GmbH will bear a reasonable proportion of the mediation costs, as required by law. Participation in mediation is voluntary and does not affect either party's right to pursue judicial remedies at any time.

11.1 Updates

Wapoka GmbH reserves the right to change these Terms and the Privacy Policy at any time. Users will be informed of material changes, with a notice period of at least 15 days for commercial users (such as community operators or event organizers) in accordance with Article 3 of Regulation (EU) 2019/1150 (Platform-to-Business Regulation), unless a shorter period is required by law or due to urgent circumstances. Commercial users who do not agree with the changes have the right to terminate their use of the Platform before the changes take effect. Continued use of the Platform after such changes take effect constitutes acceptance of the updated Terms.

11.2 Entry into force of changes

Changes to these Terms take effect on the date stated in the updated version. Where required by law or where changes materially affect users, Wapoka GmbH will provide prior notice.

11.3 Force Majeure

Wapoka GmbH shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from causes beyond its reasonable control ("force majeure"). These include, in particular but not exclusively: natural disasters, war, terrorism, civil unrest, pandemics, epidemics, labor strikes, governmental restrictions or regulations, disruptions of critical infrastructure or utilities (including electricity, internet, and cloud service providers), or other events that are unforeseeable, unavoidable, and outside Wapoka GmbH's sphere of influence. During such events, Wapoka GmbH may suspend, limit, or delay parts of its services without liability. This shall not affect statutory consumer rights or refund claims where required by applicable law.

11.4 Entire Agreement

These Terms, together with the Privacy Policy and any additional documents expressly incorporated by reference, constitute the entire agreement between the user and Wapoka GmbH regarding the use of the Platform. They supersede all prior or contemporaneous oral or written agreements, representations, or understandings relating to the subject matter. No verbal or informal communication shall modify the Terms unless confirmed in writing by Wapoka GmbH.

11.5 No Waiver

The failure of Wapoka GmbH to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and expressly confirmed by Wapoka GmbH to be legally effective.

11.6 Assignment

Users may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of Wapoka GmbH. Any unauthorized assignment shall be null and void. Wapoka GmbH may assign or transfer these Terms, including any rights and obligations arising hereunder, to an affiliate or as part of a merger, acquisition, asset sale, or corporate restructuring. Where required by law, users will be notified of such transfer. This does not affect the user's statutory rights.

11.7 Notices

Legal notices and communications from Wapoka GmbH to the user may be sent by email to the address associated with the user's account, via in-app notification, or by publication on the Platform. Unless otherwise required by law, such notices are deemed received at the time of sending or publication. Notices from users to Wapoka GmbH must be sent to legal@wapoka.com or to the postal address provided in the Imprint ("Impressum"), unless another address is expressly designated. Notices must be in text form (e.g. email) to be valid unless otherwise agreed.

11.8 Accessibility

Wapoka GmbH strives to make the Platform accessible in accordance with applicable accessibility laws, including national implementations of Directive (EU) 2019/882 (European Accessibility Act), where applicable. The Platform is continuously being improved to enhance accessibility for users with disabilities. Feedback on accessibility barriers may be submitted via the contact details provided in the Imprint.

11.9 Language

Wapoka GmbH may provide support, service communications, and legal notices in German or English at its discretion. Users acknowledge that these communications are valid and binding regardless of the language used. In case of discrepancies between language versions of the Terms, the German version shall prevail, unless otherwise specified.

11.10 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the original intent and purpose of these Terms, where legally permissible.

12.1 External links

The Platform may contain links to third-party websites or services. Wapoka GmbH assumes no responsibility for such third parties or their content and does not endorse them.

12.2 User responsibility

Users should review the terms and policies of any linked third-party services before interacting with them or using their services.

13.1 Grant of license

Wapoka GmbH grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Wapoka mobile app and web portal ("Software") solely for your personal or authorized business use in accordance with these Terms. You acknowledge that the Software is licensed to you and not sold. All rights not expressly granted remain with Wapoka GmbH.

13.2 License restrictions

You agree neither to do nor to permit any third party to do the following: copy, reproduce, distribute, or modify the Software, except to the extent expressly permitted by law; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; rent, lease, sublicense, sell, assign, or transfer your rights under this agreement; use the Software unlawfully or for purposes prohibited by these Terms; or remove or alter copyright, trademark, or other proprietary notices in the Software.

13.3 Ownership and reservation of rights

The Software, including its code, design, and all associated intellectual property rights, is and remains the sole property of Wapoka GmbH. This agreement does not grant you any ownership rights in the Software. You receive only a license to use the Software in accordance with these Terms.

13.4 Software updates and maintenance

Wapoka GmbH may from time to time provide updates, patches, enhancements, or new versions of the Software ("Updates"). Updates may be installed automatically or may require user confirmation, depending on platform settings. Continued use of the Software after an Update constitutes acceptance of the updated version. Some Updates may be mandatory for continued use of the Software. Wapoka GmbH is not obliged to provide ongoing maintenance or support, unless required by law. Notwithstanding the foregoing, Wapoka GmbH will provide all necessary updates, including security updates, to maintain the conformity and security of the Software in accordance with legal requirements (for example, pursuant to § 327f BGB).

13.5 Termination of the license

This license is effective until terminated. You may terminate it by ceasing use of the Software and deleting it from your devices. Wapoka GmbH may terminate this license immediately if you breach these Terms. Upon termination, you must cease using the Software and delete all copies of the Software.

13.6 Export control and international use

You agree to comply with all applicable export control and trade regulations. You may not use, export, or re-export the Software if this violates German, European, or international export control laws. The Software may not be used in any jurisdiction where such use is legally prohibited. In addition, users agree to comply with all applicable international export and sanctions regulations, including—where applicable—the US export control laws and OFAC sanctions lists.

13.7 App store and third-party platform terms

If you download the Software from a third-party app distribution platform such as the Apple App Store or Google Play, you acknowledge that the relevant platform provider is not a party to these Terms and is not responsible for the Software, its content, maintenance, support, or claims relating to it, except to the extent required under the applicable platform terms. Your license to use the Software also requires compliance with the platform's terms; in the event of a conflict between these Terms and the platform's terms, the platform's terms shall take precedence to the extent required.

13.8 Severability

Should any provision of this End-User License Agreement or these Terms be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to what the parties intended and to the economic purpose of the invalid provision.

If you have questions or concerns about these Terms, please contact us at legal@wapoka.com. Different contact addresses may apply depending on the nature of the request, as indicated in these Terms, the Privacy Policy, and the Imprint.

15.1 Applicability of the right of withdrawal

If you are a consumer within the meaning of § 13 BGB and conclude a paid contract directly with Wapoka GmbH (for example, a subscription for premium services provided by Wapoka itself), you have a statutory right of withdrawal pursuant to §§ 355 ff. BGB and Directive 2011/83/EU. For contracts with community operators or event organizers (e.g. memberships, event tickets, services), Wapoka GmbH is not a contracting party. In such cases, the respective community operator or organizer is solely responsible for fulfilling the statutory consumer information obligations (including providing a withdrawal notice, if required) and handling any withdrawal or refund claims. Wapoka GmbH is not obliged to accept or process withdrawals for such third-party contracts.

15.2 Right of withdrawal for contracts with Wapoka GmbH

You have the right to withdraw from a contract with Wapoka GmbH within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day the contract is concluded. To exercise your right of withdrawal, you must inform Wapoka GmbH (Wapoka GmbH, Gräfstr. 109, 81241 Munich, Germany, email: legal@wapoka.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email). You may use the model withdrawal form provided below, which is not mandatory.

15.3 Consequences of withdrawal (Wapoka GmbH contracts only)

If you validly withdraw from a contract concluded directly with Wapoka GmbH, Wapoka GmbH will reimburse payments in accordance with applicable statutory requirements, without undue delay and at the latest within fourteen (14) days from the day on which we received your notice of withdrawal. Any exceptions apply only to the extent permitted by mandatory law and clearly disclosed before contract conclusion. For the reimbursement, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. If you requested that the services begin during the withdrawal period (e.g. activation of a premium subscription), you are required to pay us a reasonable amount corresponding to the portion of services already provided up to the point of your withdrawal.

15.4 Exclusion of the right of withdrawal for event tickets

The statutory right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for performance on a specific date or within a specific period (e.g. event tickets), pursuant to § 312g(2) no. 9 BGB. This does not affect users' statutory claims against the respective organizer if an event is cancelled or not carried out as agreed. Wapoka GmbH is not a contracting party to such agreements and is therefore not obliged to issue refunds.

15.5 Model withdrawal form (for contracts with Wapoka GmbH only)

(If you wish to withdraw from the contract, you can complete this form and send it to us.)