End-user licence agreement (EULA) for native Apps (iOS and Android) of "MapCapp"

This EULA is an addition to the EULA or similar documents of Apple Media Services and GooglePlay

1. Identity

The company in charge of MapCapp's development and service, in the following described by "we", "us", "our", is the German company TomorrowBits GmbH, located in Fernpaßstraße 25, 81373 Munich. This company is being represented by it's Chief executive officer Leonhard G. Bichler (see the end of this agreement for contact details). By using MapCapp and by using the contact details, given in this policy, the user (in the following also called "users" or "you") confirms this data policy as a requirement for using MapCapp and agrees with its content which can be rightfully edited at any time by the TomorrowBits GmbH. At all concerns not regulated in this agreement, automatically the end-user licence agreements (from now on abbreviated by EULA) of Apple Media Services respectively GooglePlay or similar documents of them apply. By using MapCapp the user commits himself to make true statements about his personal data and to satisfy especially the posting guidelines and all further agreements made here. In case of offences against this EULA we reserve ourselfes to delete the user's posting and even his whole account. There is no right of the user of having his data saved forever on our servers, especially concerning his multimedia postings. We take account of the privacy rights of every user. This can be found here within our privacy declaration for the App MapCapp.

2) MapCapp's service

MapCapp is a multimedial, virtual chat room which is bound to real places by its geodata provided by the user and by google services. The user can reconnect from everywhere with already visited places and see live at every time what's happening at a place, if others share it. By spending of so called geotickets/geolinks which can be purchased or collected by co-/exploring new places outside with MapCapp, the user can also permanently connect his account with remote places where he haven't been yet. So he can chat and connect with people from there too and ask them questions about the current situation on that very place for example and ask them as well to share pictures and videos from over there, so he can see what's up there. At the personalized place wall you get all news of the favourized places. Besides that you can rise in the world ranking by exploring more places, which are also co-discovered by others! In addition to that MapCapp is a decentralized news system. Therefore we consider our users as contemporary reporters. You can find many further and more detailed information about MapCapp's functions on www.mapcapp.com and if you are interested in placing your ad within MapCapp, also visit www.mapcapp-ads.com

 2) Financial

For the topics "Payment, taxes, refunds" please read the regulations of Apple Media Service, respectively of GooglePlay. On in-App-purchases especially consider our regulations on 2.2) of this agreement.

2.1) Reservations of service. Geotickets/Geolinks. Single user account.

With the exception of in-App-purchases (see point 2.2) and with the exception of Advertisement (more info on www.mapcapp-ads.com) the services of MapCapp towards the user are free of charge. Therefore we reserve to stop MapCapp's services at any time. By using MapCapp the user abandons a legal claim about a lifetame storing and organisation of his posted data within the App MapCapp. We consider Geolinks/Geotickets which can be earned by discovering places or be bought within MapCapp as means to level up the users ranking within MapCapp. This ranking is being deleted by stopping MapCapp's service. The usere takes notice of this circumstance and agrees to abandon any legal claim for refund of purchased geolinks. The user also agrees that there's no payout for geotickets/geolinks (synonymous words) or a claim for public confirmation of the user's ranking within MapCapp. The user also agrees that there's no payout for not used geotickets/geolinks. The user assures by using MapCapp that he won't go for any refunds if MapCapp's service will be stopped. In case a user does not find a place which suits him to use his geotickets/geolinks he also has no claim for a refund of purchased geolinks. It's the user's risk. Geolinks/geotickets never can be paid out. Geolinks/geotickets can't be transferred to others. The user may only have one single user account. The user account has to be set up either by E-Mail or by Facebook/Google sign up. A sign up by E-Mail mustn't be followed by a sign up/ login with Facebook or Google services, especially when they use the same e-mail-address. Infringement of this rule can lead to malfunctions of the user account and/or to the deletion of the user account, performed by us. The user agrees to that and takes all logically connected consequences within MapCapp up on him.

2.2) Conclusion of contract, cancellation policy, cancellation period, in-app-purchases (Geotickets/Geolinks)

Only in case the user buys geotickets/geolinks by an in-app-purchase (see 2.1), a contract is being concluded between us and the user. In case the user goes against the posting guidelines or other regulations made in this EULA, his user account can be deleted and blocked for further registrations. There's no way for refund of geotickets or geolinks, also because the fact, that geotickets/geolinks can also be earned by co-/discovering places and the user's geoticket-/geolink-balance does not distinguish between purchased and earned geotickets/geolinks. For further regulations concerning the topics described under 2.2 also read the regulations of Apple Media Services and GooglePlay. Maybe the user has to abandon his claim for cancellation already by completing an in-app-purchase.

3) Guidelines regarding postings, comments, place discoveries and place updates within MapCapp

In the following the terms postings, comments, place discoveries and place updates are all meant when it's about "posts" or "postings". Posts which are negatively rated by the community and therefore get a total value of -5, are getting autodeleted. We reserve us the freedom to change this behaviour at any time. Posts which are being reported to us by the reporting function of a place are being deleted by us after checking the entries of the last 72 hours. When a report is made regarding posts older than 72 hours from the reporting time, the reporting user shall write the name and place id together with the description of the abusive behaviour to info(at)mapcapp.net. The deletion of an abusive content happens without the permission of the user who was posting it. If a user posts abusive content his account with all data (despite the place picture) may be deleted permanently by us. To avoid deletion the user has to take care that following forbidden content is not being posted by him or through his user account:

  1. Explicit sexual content (in case of girls/women: bare breasts and/or bare bottom area or bare genital area, in case of boys/men: bare bottom area or bare genital area).
  2.  Violence glorifying content
  3. Racist and/or race baiting content or discriminating content
  4. Content which is against the public morals of the EU
  5. Content which glorifies inhumanity or violates human dignity
  6. Close shots of people without their explicit or obvious permission. Exceptions probably may be made
    - in cases for a likely clarification of a crime being committed
    - on performing Street artists who you can impute are being interested in being publically promoted through an photo/video publication, for example to become more popular
    - at demonstrations or similar events of public interest.
  7. Pictures of places which don't suit to the place name.  Wrong place names may be corrected or even deleted (with the whole place) by the MapCapp team.
  8. Pictures which are taken indoor. Dark pictures, which are nearly invisible or blurred. The MapCapp team has always the right to delete places and/or all media and posts without reason.

All posts, especially every photo or video taken by the user has to be in accordance with the law of the country in which the user takes this photographs or motion pictures. The user agrees that he has to take care for being allowed by law to collect and upload his pictures/videos to MapCapp. The user agrees that he is completely responsible for the pictures, videos which he takes and uploads for publication via MapCapp. National law applies! IMPORTANT: If the user fakes his geolocation or loads up content from one place on another, he will be deleted and blocked by us and all user data may be deleted by us.

4) Partly transfer of rights

The user grants us the free of charge permission (without the need of asking him) to use his publically picture content or video content for the use in advertisings of MapCapp (within all possible media, wether it's social media or print media) and for possible comments about the content by us, using this content. Of course the author stays - apart from that partly transfer of rights - owner of his taken photographs or videos and he also assures that the hat the rights to take and publish the picture(s) or video(s) and transfers this rights to us as well. Only regarding a place's picture/video which is necressary to discover a place, the discovering user grants MapCapp the full rights and agrees, that this picture/video together with the place's description is the only media which won't even be deleted if the user deletes his personal data and his account within MapCapp.

5) Exclusion of liability

We aren't liable for content within MapCapp, which is posted by its users. Despite that we of course take care to delete content which is against our posting guidelines named in point 3 of this EULA. We aren't liable for linked content of advertisements within MapCapp. Liability is being reduced to cases of culpable neglicence or cases with proven intent. Furthermore no liability is being granted by us for any material or immaterial damage which may occur on the user's side by using MapCapp.

6) Data usage and advertisement

The user agrees to the collection, use and storage of his individual-related data (which he has entered into MapCapp) through the TomorrowBits GmbH within the applicable legal framework.  The user also agrees to the collection of anonymized data trough the Google Play Developer Console as well as trough iTunes Connect. MapCapp saves a small number of personal data. These are: Email, first name, family name. The users password, his spoken languages and his geo data together with a timestamp and the content of his postings are also stored, when he (co-) discovers a place or when he is doing a post within MapCapp. For selling advertisements we collect only anonymized meta data, no personal data. We do not track the users' shopping habits and we also don't create any kind of personal shopping preferences profiles. Every user will see the same advertisement in a virtual place on MapCapp! The user agrees to that and to the use of this data by the TomorrowBits GmbH for their advertisement business trough www.mapcapp-ads.com and www.mapcapp-werbung.de and other equivalent (sub-) domains. Apart from that the legal regulation of the used Stores for the download are in force. 
Dispute, mediation, place of jurisdiction, severability clause The TomorrowBits GmbH is not bound to take part on the European comission's mediation process in case of disputes but we reserve the possibility and we point out that possibility. Please find the platform on http://ec.europa.eu/consumers/odr.
As place of jurisdiction for any law disputes the user agrees to the German city of Munich. In case of unvalidness of single regulations within this privacy agreement the validness of the other regulations in this agreement is not being touched. The contact details can be found on the bottom of this agreement.

7) Users' rights:  disclosure, correction and deletion
As a user you can ask for disclosure which individual-related data we have stored about your person. This can be the case, if you contacted us. In case your inquiry for disclosure, correction or deletion of individual-related data is in accordance with law, you are entitled to your inquiry by law. For this inquiry please contact us on info(at)tomorrowbits.de Single posts of the user can be deleted by him if using the delete option in the option menue of a single posting. All data stored within MapCapp can be deleted by the user himself as well. This is possible at settings menue, subcard "delete my account"

8) Licenses

Icons (free for commercial use) from Iconfinder:

Description, Authors and webpages:

  1. Crosshair, position icon.      By: BomSymbols      
    Page: https://www.iconfinder.com/korawan_m
  2. Audio, Microphone                     By: Atomic Lotus
  3. bag, money icon                          By: Icons8
  4. Email                                            By: Just Icon
  5. Info                        By: Becris
  6. Star (yellow)                               By: Everaldo Coelho
  7. Account, add        / Bin, cancel /           Alert, Allarm, bell      / Camera, photo                   /  Arrow, location, pointer             
    By: Juliia Osadcha                                       https://www.iconfinder.com/Juliia_Os

Development and responsibility for the App MapCapp (on iOS and Android):
TomorrowBits GmbH
Fernpaßstraße 25, 81373 Munich (Germany)
Phone: +49 89 743 67 987
Mobile: +49 17 111 678 30
Mail: info(at)tomorrowbits.de

Data protection officer
Due to the specific conditions of our company we are not forced by law to designate a data protection officer. Our Chief executive officer (Leonhard Bichler) himself gladly takes care of your inquiries concerning all topics related to data protection. Contact details on the following.

E-Mail info(at)tomorrowbits.de
Webpage www.Tomorrowbits.de

Commercial registry number (Handelsregisternummer)
München HRB 232324
Tax ID (Ust-ID) DE313472238