General

These General Terms of Use apply in the version applicable on the effective date of the contract to the use of the Mapstar application (hereinafter, the “Mapstar App”) and the services provided through the Mapstar App by Mapstar AG, Alter Schlachthof 33, 76131 Karlsruhe, Germany (hereinafter, “Mapstar”) by customers who are end users (hereinafter, “Users” and each a “User”). The services offered address consumers as specified in § 13 of the Civil Code of Germany (BGB) exclusively, that is, natural persons entering into legal transactions for purposes which are not predominantly associated with their commercial activities or their self-employment. No other contract terms and/or conflicting terms and conditions shall become part of the contract even if Mapstar does not object to them expressly.

Service Offer and Availability

(1) The Mapstar App allows Users to save their own content (photos, videos, text, etc.) on Mapstar servers at their respective locations and to use their content or share it with other Users at that location. In addition, Users have the opportunity to retrieve content saved by other Users at the respective location.

(2) The Mapstar App is available to Apple’s iOS and Google’s Android operating systems. Mapstar reserves the right to adjust the supported operating systems and versions at any time. Users shall not be entitled to demand continuation of specific performance. Details are set forth in § 13 below.

(3) Mapstar reserves the right to amend the services offered in the Mapstar App or to limit their use to a specific period of time. Users shall not be entitled to demand continuation of specific performance. Details are set forth in § 13 below.

(4) To use the services provided in the Mapstar App, Users shall register as set forth in § 2 below. Registration to use the services shall be free of charge.

(5) Users shall not be entitled to demand interruption-free use. Mapstar shall not be responsible if access to or use of the Mapstar App is interrupted temporarily or otherwise affected, including data loss, as a result of maintenance work, development activities, or for other reasons. Mapstar shall use its best endeavors to ensure the use of the services is interrupted as little as possible. Mapstar shall give Users reasonable notice of any and all planned maintenance work which may temporarily interrupt or affect the availability of services which are subject to a fee. However, technical problems (e.g., interrupted power supply, hardware and/or software defects, complications in data lines) may result in temporary limitations or interruptions.

Registration

(1) Use of the Mapstar App shall be conditional upon prior registration. Registration to use the Mapstar App shall be free of charge. During the registration process, Users will be prompted to enter their User login data. The login data shall be comprised of the User’s e-mail address and a user name and password selected by the User. In addition to this mandatory data, Users can provide other data (e.g., the User’s address) voluntarily. Alternatively, Users can register through a third-party provider (Facebook, Twitter, Google). At the time of registration, no User shall purport to be another person and no User shall register under another person’s name without authorization.

(2) If and when registration and/or profile data changes over the term of the contract, the User whose data has changed shall adjust the respective data promptly in the User’s personal settings.

(3) By completing registration, the User is submitting an offer to Mapstar to enter into a contract based on these General Terms of Use. Mapstar can accept the offer at its discretion. If the registration is not confirmed in an e-mail sent to the address provided by the User within a reasonable timeframe or through activation of the User’s profile, the User shall no longer be bound by the offer. Upon the User’s receipt of confirmation by e-mail or activation of the User’s profile, a contract shall come into effect as agreed upon and Mapstar shall activate the requested access. Upon activation of access, Users become entitled to use the Mapstar App in accordance with these General Terms of Use. The text of the contract shall be saved by Mapstar and shall not be retrievable by the User.

(4) The User’s registration, contract, and account, including login data, shall not be transferrable. The same shall apply to all Users. Users shall not be permitted to create more than one account.

Responsibility for Login Data

(1) Users shall keep secret their login data including their passwords and shall not make their login data available to unauthorized third parties under any circumstances.

(2) In addition, Users shall be responsible for ensuring that their access to the Mapstar App and the services offered through the Mapstar App are used exclusively by them and/or persons authorized by them to do so. If legitimate reasons exist to assume unauthorized third parties have or will have access to a User’s login data, the User shall notify Mapstar without undue delay.

(3) Users shall be responsible in full for every use of the Mapstar App and/or for every other activity carried out in the Mapstar App under their User login data.

Use of the Mapstar App

(1) The right to use the Mapstar App shall be restricted to access to the Mapstar App and the use of the respective services available in the Mapstar App in compliance with these General Terms of Use.

(2) Responsibility for ensuring the technical requirements within the User’s control which are required to use the services available in the Mapstar App as agreed upon (including, but not limited to, a smartphone or tablet and an Internet connection) shall lie with the User. Mapstar does not owe the User any consultation services in this regard.

(3) For the term of the contract, Mapstar shall grant the User the non-exclusive, non-transferrable right to use the Mapstar App within the scope specified herein exclusively for the User’s own private purposes and without the right to sublicense. The Mapstar App shall not be made available to the User for any other purposes. The use of the Mapstar App and/or the services available in the Mapstar App for commercial purposes shall not be permitted. Further details are set forth in § 5 (5).

(4) Any and all software provided to the User shall be in an executable form only. No source code shall be disclosed. Processing, divulging, publicly disclosing and/or decompiling software without Mapstar’s prior written consent shall be prohibited.

(5) The scope of use shall be limited to that permitted under applicable laws. In particular, no third-party rights (e.g., personal rights or industrial property rights) shall be infringed. Further details are set forth in § 5.

(6) In addition, any and all actions which could impair the seamless operation of the Mapstar App including, but not limited to, putting excess strain on IT systems, shall be prohibited.

Entering Content and/or Comments

(1) Mapstar provides Users with the opportunity to upload content (photos, text, videos, etc.) at specific locations. A User can adjust his/her User profile settings so that content uploaded by that User can be viewed only by that User (private profile) or by other registered Mapstar App Users (public profile). The User can modify, edit, or delete individual elements of the User’s content if the User does so at the location at which the respective content was uploaded. Alternatively, Users can write an e-mail to abuse@mapstar.eu.

(2) In addition, in the future Mapstar will provide User’s with the opportunity to like, comment on, and/or share other User’s content. The User agrees to the public disclosure of content uploaded by the User to other Mapstar App Users provided the User uploading the content activates the public profile settings. Regardless of the settings in the User’s profile, the User agrees to the public disclosure of the User’s comments to other Mapstar App Users. The User undertakes to enter true information only. Mapstar shall not take ownership of, and shall not be obligated to review User’s contents or comments. Mapstar shall not be responsible for User’s content.

(3) By uploading content protected under copyright laws or otherwise by law to the Mapstar App, the User grants Mapstar free of charge the non-exclusive, transferrable, worldwide right, including the right to sublicense and without any time limitations, to use the content to the extent required to deliver the respective services including, but not limited to, storing and hosting the content on Mapstar’s servers and sharing and divulging it in other services (including, but not limited to, other social media such as Facebook, Twitter, etc.). Thus the usage right shall include the reproduction and public disclosure of content provided by Users.

(4) When uploading content (photos, text, videos, comments), a User shall represent vis-�-vis Mapstar that the User has sole ownership of any and all rights to the content the User transmitted to Mapstar or is otherwise entitled (e.g., with effective consent of the rights owner) to upload the content and to grant usage and exploitation rights as outlined above including, but not limited to, third-party copyrights, brand rights, patent rights, commercial rights, industrial property rights based on competition law, and/or personal rights. The User undertakes not to post any content which is in violation of any applicable laws.

(5) Use of the Mapstar App for commercial purposes shall be prohibited. Prohibited commercial use shall include, but not be limited to,

a) offering and marketing the User’s and third partie’s content, services, and/or products for a fee;
b) offering, marketing, and carrying out any other activities of a commercial nature such as sweepstakes, raffles, swaps, advertisements, or snowball systems;
c) exploiting for a fee any services available in the Mapstar App including the content offered in connection therewith.

(6) The User shall be prohibited from carrying out any and all activities in or in connection with the account which breach any applicable laws, infringe on third-party rights, or violate any principles of protection of minors including, but not limited to,

a) posting, divulging, offering, and/or marketing content, services and/or products which are pornographic or in breach of any laws for the protection of minors or any data protection or other laws and/or are fraudulent;
b) using content offending or defaming other Users or third parties;
c) using, providing and/or divulging content, services and/or products which are protected by law or encumbered with any third-party rights (e.g., copyrights) without express authorization.

(7) Regardless of potential breaches of any laws, Users also shall refrain from carrying out the following activities when uploading their own content in their posts or comments:

a) divulging content and/or communications which are offensive, of a sexual nature, obscene, defaming, or which incite and/or promote racism, fanaticism, hate, physical violence, or illegal activities (in each case, explicitly or implicitly);
b) harassing other Users and/or inciting and/or promoting such harassment;
c) prompting other Users to disclose passwords or personal data for commercial or illegal purposes;
d) divulging and/or publicly reproducing content available in the Mapstar App if and when the respective author has not given express consent or such content is expressly provided in the form of a function in the Mapstar App;
e) repeatedly uploading identical content or content with only minor changes;
f) re-uploading other User’s content;
g) uploading content at perilous locations which could induce other Users to go to the respective locations.

(8) Mapstar shall provide an Abuse button which Users can use to report content which is in breach of these General Terms of Use. The Abuse button enables Users to report specific content. Users wishing to contact Mapstar without using the Abuse button can write to abuse@mapstar.eu. (9) Users attempting to upload untrue, offensive, anti-competition, criminal, or otherwise illegal content concerning others can be blocked immediately.

(10) Mapstar reserves the right to reject content from being uploaded and/or to edit, block, or delete existing content without prior notification if and when the User’s act of uploading such content or the uploaded content itself have resulted in a breach of these General Terms of Use or if specific evidence exists to prove that a material breach will be committed. However, the legitimate interests of the User uploading such content shall be taken into consideration.

Use of Mapstar App Content

(1) The content available in the Mapstar App is provided in part by Mapstar and in part by third parties (the latter hereinafter, “Third-Party Content”). The majority of the content available in the Mapstar App is protected by copyrights, brand rights, industrial property rights based on competition law, and/or other property rights and is owned by Mapstar or third parties which made the respective content available for use by Users in the Mapstar App. The composition of the content in itself also is protected under copyright laws. Users only shall be entitled to use the content in accordance with these General Terms of Use.

(2) Unless any extended use is permitted expressly under these General Terms of Use,

a) Users shall use the content available in the Mapstar App exclusively for their own private purposes. This usage right shall be limited to the duration of the contractual use of the Mapstar App;
b) Users shall be prohibited from editing, modifying, translating, displaying in any way, publishing, exhibiting, reproducing (including by downloading), or divulging (including by using iFraming) all or parts of the available content as well as from deleting or modifying any copyright notices, logos, or other identifiers or proprietary notices.

(3) Users shall be free to share their own or any other User’s content in other services (including, but not limited to, social media such as Facebook, Twitter, etc.) provided the function to do so is offered in the Mapstar App. Users shall be responsible solely for obtaining authorization to share other User’s content including, but not limited to, the required usage and exploitation rights in shared content.

(4) Mapstar will not review any Third-Party Content for completeness, accuracy, or legality and thus will not assume responsibility or warranty of any nature for the completeness, accuracy, legality, and/or up-to-datedness of Third-Party Content. The same shall apply with regard to the quality of Third-Party Content and its adequacy to meet a specific purpose.

Services Subject To A Fee

(1) Use of the Mapstar App shall be free of charge until further notice. However, in the future services may be offered for a fee. If the use of a service (including the retrieval of content) is offered for a fee and the User did not activate a corresponding service at the time of registration, before being offered the opportunity to access the service the User shall be notified online about the cost, payment terms, term, and termination of the service subject to the fee and other relevant details and, if applicable, special contract terms. Upon receipt of such notification, the User can order the service by clicking on the Order button.

(2) By clicking on the Order button, the User is submitting a binding offer to use the service. Mapstar shall be deemed to have accepted the offer if Mapstar activates or provides the service. Such contract also shall be subject to these General Terms of Use and, if applicable, to separate contract terms of which the User shall be notified before the User uses the service.

(3) All fees indicated shall include applicable statutory VAT. Fees for services used shall be processed through a contracted payment services provider. The name of the payment services provider shall be communicated before the contract comes into effect.

Personal Data

(1) Mapstar shall process any and all personal data provided by the User exclusively in accordance with applicable data protection laws.

(2) Details regarding collected data, its use, and the rights of data subjects are set forth in the privacy policy available at https://www.mapstar.io/privacy-policy/ .

Blocking Access to the Mapstar App

(1) Mapstar can block a User’s access to the Mapstar App or parts thereof temporarily or permanently at its discretion if and when specific evidence shows that the User is or has been in breach of these General Terms of Use and/or any applicable laws or Mapstar has other legitimate interests in blocking the User’s access. Mapstar shall make the decision to block a User’s access to the Mapstar App or parts thereof taking the User’s legitimate interests into reasonable consideration. If the User continues to be in breach of these General Terms of Use despite a warning, Mapstar reserves the right to block the User’s access permanently.

(2) If a User is blocked temporarily from accessing the Mapstar App the User shall have no access to the Mapstar App until the blocking period expires or until the reason for the blockage is eliminated. The User shall be notified accordingly by e-mail.

(3) If a User is blocked from accessing the Mapstar App permanently, access cannot be reactivated. Users whose access has been blocked permanently shall be excluded permanently from using the Mapstar App and may not reregister. Mapstar shall be entitled to immediately terminate the contract of a User whose access has been blocked permanently. The User shall be notified accordingly by e-mail.

Term, Termination of Use

(1) The contract entered into by and between Mapstar and a User shall run for an unlimited period of time. A User can terminate the contract at any time by deleting his/her account. Unless agreed upon otherwise, Mapstar can terminate the contract without being required to adhere to a notice period.

(2) If a User terminates the contract by deleting his/her account, the content uploaded to the Mapstar App by the User no longer shall be accessible to other Users.

(3) If a User stops using the Mapstar App entirely, Mapstar shall be entitled to irretrievably delete any and all data created by the User as part of the User’s use of the Mapstar App upon expiry of 30 calendar days after the termination takes effect and of the applicable statutory retention periods. Personal data shall be subject to data protection laws which may stipulate a shorter period of time prior to deletion. More information is set forth in the privacy policy.

(4) The right to terminate the contract for good cause shall remain unaffected. Mapstar shall have the right to terminate the contract for good cause including, but not limited to, if the User repeatedly breaches these General Terms of Use and fails to remedy the breach or breaches or continues breaching these General Terms of Use despite a warning from Mapstar.

Limitation of Liability

(1) With regard to the use of free services, Mapstar’s liability for any violation of its obligations caused due to minor negligence shall be excluded unless damages result in harm to life, body, or health, or guarantees or claims under the Product Liability Law of Germany [Produkthaftungsgesetz]. In addition, Mapstar shall not be liable for any violation of obligations which have to be met to make the proper fulfillment of the contract possible and on the compliance of which the User can rely on a regular basis. The same shall apply to violations of obligations any agents of Mapstar may have.

(2) With regard to the User’s use of services subject to a fee,

a) Mapstar’s liability for damages caused by intent or gross negligence shall be unlimited;
b) Mapstar shall be liable for damages resulting from non-compliance with guarantees given in writing to the extent the damages are covered by the guarantee and recognizable to Mapstar when giving the guarantee;
c) Mapstar shall assume product liability under the Product Liability Law of Germany;
d) Mapstar shall not be liable for any violation of immaterial contractual obligations caused by minor negligence. In all other cases, Mapstar’s liability for damages caused by minor negligence shall be limited to damages which typically must be expected in connection with this type of contract (foreseeable damages typical to the contract). The same shall apply to the negligent violation of obligations by Mapstar’s legal representatives, executives, and/or agents;
e) the aforementioned limitations of Mapstar’s liability shall not apply to malice, bodily harm or personal injuries, non-compliance with guarantees, or product liability claims. Limitations of liability stipulated by law (e.g., § 44a of the Telecommunications Act of Germany (TKG)) which deviate from the aforementioned liability regulations in favor of Mapstar shall remain unaffected;
f) Mapstar shall not assume any liability beyond that outlined above. In particular, with regard to Mapstar’s performance in connection with leasing contracts Mapstar shall not assume any liability without fault for defects existing at the time the contract came into effect.
(3) Mapstar shall not be liable for damages resulting from the improper operation of the devices on which the Mapstar App is used.

(4) To the extent Mapstar’s liability is excluded or limited under these General Terms of Use, the same shall apply to the liability of Mapstar’s bodies, agents, and vicarious agents including, but not limited to, its employees.

Changes to these General Terms of Use

(1) Mapstar reserves the right to change these General Terms of Use at any time including over the term of existing contracts. Mapstar shall notify Users by e-mail of any and all changes no later than 30 calendar days before the changes are planned to come into effect.

(2) If a User fails to object to the changes within 30 days after receiving the respective notification and continues using the services after the objection period expires, the changes shall be deemed to have been agreed upon effectively upon expiry of the objection period. If the User objects, the contract shall continue under the existing terms. Mapstar reserves the right to terminate the contract if the User objects to any changes. The notification of changes sent to the User shall include information on the User’s right to object and the consequences of an objection.

Modifications to Services

(1) At any time Mapstar may modify any and all services provided for free in the Mapstar App, may make new services available for free or for a fee, and may discontinue the provision of free services. In doing so, Mapstar shall take the legitimate interests of the Users into consideration. If modifications include making free services available for a fee or modifying services which are subject to a fee, the provisions regarding changes set forth in § 12 shall apply accordingly.

(2) At any time, Mapstar may modify services which are subject to a fee provided such modifications become necessary because preliminary services required for the delivery of the services subject to a fee no longer are available or no longer are available under reasonable conditions, or modifications to the services provided are minor or are advantageous to the User or correspond to circumstances typical in the market for similar services. Any and all modifications shall be communicated to the User by e-mail. Modifications shall be deemed to have been accepted by the User if the User does not terminate the contract in writing or by e-mail within 30 days after receiving the respective modification notification. The User shall be informed of this regulation separately in the modification notification.

(3) Mapstar shall announce any and all price changes in a timely manner to enable Users to terminate their contracts in compliance with the agreed-upon notice period before the new prices come into effect. If a User does not terminate his/her contract after being informed of the new prices and continues to use services subject to a fee after the respective effective date, the new prices shall become binding on both the User and Mapstar.

(4) Every modification notification sent to a User shall include separate information regarding the consequences of the modifications and the User’s right to object and/or terminate the contract.

Final Provisions

(1) Users can find detailed information on Mapstar as the operator of the Mapstar App at https://www.mapstar.io/imprint/.

(2) These General Terms of Use shall be subject to the laws of Germany under exclusion of German international private laws and the CISG. If the User is a consumer, this choice of law shall apply only to the extent it does not result in the revocation of mandatorily applicable consumer protection regulations in the state in which the User, as a consumer, habitually is resident at the time the User submits the offer.

(3) If the User is a businessperson, the exclusive venue shall be the location of Mapstar’s registered offices; however, Mapstar shall be free to sue the User at the location of the User’s registered offices.

(4) The contract language shall be English. If the contract is translated, the English language version of the contract shall remain binding. The translated version or versions shall be provided for the User’s perusal only.