§ 1 Provider and Scope

(1) These Terms of Use apply to the use of the mobile application “Yomoko”, the websites www.yomoko.app and www.yomoko.de, and the related services, features and applications.

(2) The provider of the app is Yomoko UG (haftungsbeschränkt), Straße der Jugend 18, 14974 Ludwigsfelde, Germany, email: office@yomoko.app.

(3) These Terms of Use govern the contractual relationship between the provider and the users of the Yomoko app.

(4) Any deviating terms of users do not apply unless the provider expressly agrees to their validity in text form.

§ 2 Subject Matter of the App and Description of Services

(1) Yomoko is a digital community app focused on motorcycles, motorised two-wheelers, joint rides and related leisure activities. In particular, users can use the app to find other users, view profiles, match, communicate, create crews, plan tours, organise joint rides and participate in community functions. Use of the app is not limited to specific vehicle types or rider groups.

(2) The app serves digital networking, communication, planning and organisation between users. Yomoko does not owe any specific contacts, matches, tours, meetings, events, rides, number of participants or their actual implementation.

(3) Users can provide their own content within the app, in particular texts, images, videos, profile information, messages, tour information, route data or other information. The respective user is solely responsible for this content.

(4) Yomoko does not generally review user content before it is published or transmitted. Yomoko assumes no responsibility for the accuracy, completeness, legality, quality or appropriateness of user content. Rights and obligations to review, remove, restrict or block content under these Terms of Use or applicable law remain unaffected.

(5) The user is responsible for backing up content and data entered by the user or processed via the app outside the app, insofar as such content and data are important to the user. Permanent storage, availability or recoverability of specific user content is not guaranteed.

§ 3 Worldwide Availability and Local Regulations

(1) Yomoko is operated by Yomoko UG (haftungsbeschränkt), based in Germany, and may be available worldwide.

(2) Functions, content, languages, premium services, prices, payment methods, partner offers, competitions, rewards or other benefits may vary, be restricted or be unavailable depending on the country, region, app store, operating system, technical requirements or legal requirements.

(3) Users are responsible for using Yomoko only in accordance with the applicable local laws. This applies in particular to location functions, communication, in-app purchases, competitions, rewards, tours, joint rides, contests and location-based game and community functions.

(4) Yomoko does not guarantee that all functions, content or offers are legally permissible, available or unrestricted in every country.

§ 4 Registration, Minimum Age and User Account

(1) Registration is required to use certain functions of the app.

(2) Use of the app is permitted only for persons who are at least 16 years old.

(3) Users between 16 and 17 years of age are minors and generally have limited legal capacity. They may use the app only to the extent permitted by law and, where required, with the consent of their legal guardians.

(4) For paid functions, in-app purchases, Crew Coins, boosters, premium functions or comparable digital content, the consent of legal guardians may be required for underage users. Underage users must ensure that such consent has been obtained where legally required.

(5) The user is obliged to provide truthful and complete information during registration and to update such information if it changes.

(6) The user is obliged to keep login credentials confidential and protect them against access by third parties. Sharing the user account with third parties is not permitted.

(7) The user must inform Yomoko without undue delay if there are indications of misuse of the user account.

§ 5 Conclusion of Contract and Contract Language

(1) By completing the registration, the user submits an offer to conclude a user agreement.

(2) Yomoko accepts this offer by enabling access to the app or to the functions requiring registration.

(3) The contract language is German. If translations of these Terms of Use are provided, the German version shall be the authoritative version, unless mandatory statutory provisions provide otherwise.

(4) The contract text is not stored individually by Yomoko for the user. The current version of these Terms of Use can be accessed in the app or on the website.

§ 6 Free and Paid Services

(1) The basic functions of the app may generally be used free of charge, insofar as they are available.

(2) Yomoko may additionally offer paid functions, premium functions, digital content, virtual credit balances, Crew Coins, boosters, Crew Wallet functions or group-related premium functions.

(3) The scope, price, term, availability and specific conditions of paid functions are set out in the respective presentation in the app, in the relevant app store or in supplementary terms.

(4) There is no entitlement to the permanent free provision of specific functions. Yomoko is entitled to further develop, adapt, expand, restrict or discontinue functions, provided this is reasonable while taking the users’ interests into account.

(5) Statutory rights of users remain unaffected.

§ 7 Right to Use the App

(1) Yomoko grants the user a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to use the app within the scope of these Terms of Use for the duration of the user agreement.

(2) All rights to the app, the software, source code, design, trademarks, logos, databases, content and other components of the app remain with Yomoko or the respective rights holders, unless rights are expressly granted to the user.

(3) The user is not entitled to reproduce, edit, distribute, make publicly available, sell, rent, decompile, reverse engineer, extract source code from, or circumvent technical protection measures of the app, software or other components of the app outside the intended use, unless this is expressly permitted by law.

(4) Commercial use of the app or its functions is permitted only with Yomoko’s prior consent. This does not apply to private use of paid functions offered as intended via the app.

§ 8 Premium Functions and In-App Purchases via App Stores

(1) Paid digital content and functions may in particular be purchased via the Apple App Store or Google Play.

(2) For purchases via the Apple App Store or Google Play, the payment, usage, subscription, cancellation and refund terms of the respective app store apply in addition.

(3) Payment processing, order confirmation, invoicing, store-specific withdrawal or refund processes and any notices or consents regarding the immediate start of the digital service are generally handled via the respective app store.

(4) Yomoko has no full influence over payment processing, refund decisions or the technical processes of the app stores.

(5) If subscriptions are offered, they renew only in accordance with the conditions displayed in the respective app store. Subscriptions concluded via app stores must generally be cancelled via the respective app store.

(6) Prices, taxes, payment methods, availability and refund processes may vary depending on the country, app store and user account.

§ 9 Virtual Credits, Crew Coins and Crew Wallet

(1) Yomoko may offer virtual credit balances, credits, Crew Coins or comparable digital units. These may be used to unlock certain digital functions, boosters, crew functions or premium services within the app.

(2) Crew Coins and comparable digital units do not constitute legal tender, electronic money, cryptocurrency or any entitlement to a cash payout.

(3) Crew Coins may generally be used only within the app and only for the functions provided for this purpose.

(4) After a successful purchase, Crew Coins or comparable digital content may be made available immediately in the user account or in a Crew Wallet.

(5) Transfer, sale, payout or exchange of Crew Coins outside the functions provided by Yomoko is not permitted unless Yomoko expressly allows this.

(6) Yomoko may set rules for the use of Crew Wallets, Crew Coins, boosters and group-related premium functions. In particular, certain crew functions may be activated or managed only by crew admins.

(7) In the event of misuse, manipulation, technical errors or breaches of these Terms of Use, Yomoko may block, correct or remove digital credit balances, boosters or benefits to the extent necessary and appropriate.

(8) Statutory rights of users remain unaffected.

§ 10 Partner Offers, Discount Codes and Affiliate Offers

(1) Yomoko may display offers, discount codes, vouchers, affiliate links or other benefits from partner companies to users.

(2) Such partner offers are generally provided by the respective partner company. The contractual partner for the purchase of products or services of the partner company is usually the respective partner company, not Yomoko.

(3) Yomoko does not guarantee the availability, content, prices, quality, timeliness, redeemability or duration of partner offers, insofar as Yomoko does not control these circumstances itself.

(4) Partner offers may be limited in time, regionally, by quantity or to certain user groups.

(5) Additional terms of the respective partner company may apply to the use of partner offers.

§ 11 Community Functions, User Content and Grant of Rights

(1) Users may post or transmit their own content in the app, in particular texts, images, videos, profile information, messages, tour information, route data, comments or other content.

(2) The user warrants that the user holds all necessary rights to the content provided by the user and that this content does not violate any third-party rights, statutory provisions or these Terms of Use.

(3) The user grants Yomoko a simple, geographically unrestricted, free-of-charge right to use the content provided by the user, to the extent required for operating, displaying, technically processing, storing, transmitting, providing, securing and further developing the app.

(4) The right of use includes, in particular, the right to technically reproduce, store, edit, format, transmit, make publicly available and display content within the app, to the extent necessary to provide the respective app function.

(5) If users delete content or terminate their user account, the grant of rights generally ends for the future. This does not apply insofar as content has already been shared with other users, is part of communication, crews, tours, events, rankings or other community functions, or statutory retention or security interests exist.

(6) Yomoko is entitled to use suitable service providers, in particular hosting, IT, security or infrastructure providers, for the provision, storage, transmission, technical processing and securing of user content. Rights of use to user content may be passed on to such service providers only to the extent technically or organisationally necessary for operating and providing the app.

(7) Use of user content for purely marketing, advertising or PR purposes outside the app takes place only if the user has given separate consent or the use is carried out in a legally permissible form, in particular anonymously, in aggregated form or without personal reference.

(8) Personality rights, copyrights and data protection rights remain unaffected.

§ 12 Rules of Conduct and Prohibited Use

(1) The user undertakes to use the app lawfully, respectfully and with consideration for other users.

(2) In particular, the user is prohibited from:

a) publishing or disseminating unlawful, offensive, defamatory, discriminatory, racist, sexist, pornographic, glorifying-violence, harmful-to-minors or otherwise inappropriate content;

b) publishing content for which the user does not have the necessary rights;

c) threatening, harassing, deceiving, pressuring or unreasonably contacting other users;

d) sending spam, advertising, chain messages or other commercial communication without consent;

e) using malware, automated scripts, bots or other technical manipulations;

f) using third-party accounts or unauthorisedly sharing the user’s own account;

g) manipulating location data, ride data, rankings, points, XP, Crew Coins, boosters or other app functions;

h) using GPS spoofing, multiple accounts, account sharing or other circumvention measures;

i) using the app for races, illegal rides, risky riding, legal violations or endangering other persons;

j) promoting content or actions that violate traffic law, property rights, nature conservation law, youth protection law or other applicable law.

(3) In the event of violations of these Terms of Use, Yomoko may remove content, restrict functions, warn users, temporarily suspend user accounts or permanently terminate user accounts, to the extent necessary and appropriate.

§ 13 Protection of Minors and Prohibited Content

(1) Content, actions or communication concerning, promoting, depicting, trivialising, normalising or enabling sexual abuse, sexual exploitation or other endangerment of children or minors are strictly prohibited.

(2) This includes, in particular, depictions, references, solicitations, grooming or actions in connection with child abuse, sexual exploitation of minors, depictions of abuse, child pornography, grooming, sexual harassment of minors, paedophilia, sexual violence against minors or the initiation of corresponding contacts.

(3) Yomoko is entitled to remove corresponding content without undue delay, restrict its dissemination, temporarily or permanently suspend user accounts and, to the extent required or permitted by law, inform competent authorities or reporting bodies.

(4) Yomoko may use appropriate organisational and, to the extent legally permissible, technical measures for abuse prevention, moderation and enforcement of these Terms of Use.

(5) Yomoko cooperates with competent authorities to the extent legally permissible and required if there are specific indications of criminal content, abuse or endangerment of minors within the app.

(6) Users are encouraged to report suspicious, unlawful or problematic content without undue delay via the designated reporting channels or by email to Yomoko.

§ 14 Tours, Joint Rides, Events and Personal Responsibility

(1) Users may plan, publish or participate in tours, joint rides, meetings or events via the app.

(2) Yomoko is not the organiser, travel provider, tour guide, safety inspector or responsible party for tours, joint rides, meetings or events organised by users, unless Yomoko expressly acts as organiser.

(3) Each user is responsible for the user’s own participation, riding behaviour, driving licence, insurance, fitness to ride, vehicle condition, protective clothing, physical and mental fitness, and compliance with all applicable laws and safety regulations.

(4) Users may only operate vehicles for which they hold the required driving licence and whose use is legally permitted.

(5) Underage users may participate in rides, joint rides, events or comparable activities only to the extent permitted by the statutory provisions applicable to them and, where required, with the consent of their legal guardians.

(6) During tours, joint rides and events, users must in particular comply with road traffic regulations, local traffic rules, driving bans, property rights, house rules, nature conservation provisions and official requirements.

(7) The app must not be used to organise or promote races, speed rides, risky riding styles, dangerous competitions in road traffic or other unlawful activities.

(8) If a tour, meeting or event requires notification to or approval by authorities, the responsibility for this lies with the respective organisers or participants, not with Yomoko.

§ 15 Location-Based Game and Community Functions, Rankings, Points and Digital Areas

(1) The app may provide location-based game and community functions. Users or crews can use real rides to reach digital areas on a map, collect points, achieve rankings or participate in seasonal competitions.

(2) Location-based game and community functions serve playful community interaction. These functions do not constitute an invitation to ride faster, ride riskily, race, violate the law or enter areas where riding or access is not permitted.

(3) When using location-based game and community functions, users must at all times comply with all applicable traffic rules, local laws, driving bans, property rights, house rules, nature conservation rules and safety regulations.

(4) Only roads, paths and areas that may lawfully be ridden on or entered may be used.

(5) Users are responsible for their driving licence, insurance, fitness to ride, vehicle condition, protective clothing, riding behaviour and safe participation in road traffic.

(6) Points, XP, digital areas, boosters, leaderboards, rankings, awards or comparable digital benefits do not create any entitlement to specific real-world benefits, prizes, cash payments, permanent availability or a specific continuation of the respective game mechanic.

(7) Yomoko may change, reset or adapt game rules, point calculation, rankings, digital areas, seasons, rounds, boosters or other mechanics if this is necessary for objective reasons, in particular for error correction, abuse prevention, balancing, technical development or compliance with legal requirements.

(8) Manipulation is prohibited. This includes, in particular, GPS spoofing, bot use, multiple accounts, account sharing, technical interventions, artificial ride data, false location data or other circumvention of the game mechanics.

(9) In the event of manipulation or abusive use, Yomoko may correct or revoke points, rankings, digital areas, benefits or prizes, or exclude users from location-based game and community functions.

(10) In the case of worldwide use, each user is responsible for checking whether participation in location-based or gamified riding functions is permitted under local law.

§ 16 Competitions, Prizes and Seasonal Contests

(1) Yomoko may offer competitions, seasonal contests, prizes, vouchers, challenges or comparable campaigns.

(2) Separate participation terms may apply to such campaigns. These terms govern, in particular, eligibility, duration, prize determination, notification, exclusions, regional restrictions, sponsors, taxes, substitute prizes and other campaign conditions.

(3) There is no entitlement to the implementation of specific competitions, prizes, vouchers, challenges or seasonal contests.

(4) Competitions or prizes may be limited to certain countries, regions, user groups or age groups.

(5) For underage users, participation in certain campaigns may be subject to additional requirements, age limits or consent of legal guardians.

(6) Legal recourse may be excluded within the scope of legally permissible participation terms.

§ 17 Availability, Changes and Technical Development of the App

(1) Yomoko endeavours to operate the app with as few interruptions as possible. However, continuous availability is not guaranteed.

(2) Use of the app may be restricted in particular by maintenance work, updates, technical faults, security measures, force majeure, network or server outages, or measures taken by third-party providers.

(3) Yomoko is entitled to further develop, adapt, change, restrict or discontinue the app and its functions if objective reasons exist and the interests of users are appropriately taken into account.

(4) Objective reasons may include, in particular, technical development, security reasons, abuse prevention, changed user needs, economic reasons, legal requirements, requirements of app stores or changes to third-party services used.

(5) In the case of material changes to paid services, Yomoko will appropriately inform users to the extent required. Statutory rights of users remain unaffected.

§ 18 Suspension, Moderation and Deletion of Content

(1) Yomoko is entitled to review, remove or restrict content or suspend user accounts if there are specific indications of a violation of these Terms of Use, statutory provisions, third-party rights or legitimate security interests.

(2) Measures may be taken in particular in the case of unlawful content, harassment, abuse, manipulation, endangerment of other users, violations of traffic or youth protection regulations, false information or other abusive use.

(3) When selecting measures, Yomoko takes into account the severity of the violation, the effects on other users, repeated violations and the legitimate interests of the affected user.

(4) To the extent legally or actually possible and reasonable, Yomoko will inform the affected user about material measures.

(5) Statutory reporting, review, deletion or blocking obligations remain unaffected.

§ 19 Term, Termination and Account Deletion

(1) The user agreement is concluded for an indefinite period.

(2) The user may terminate the user agreement at any time by deleting or deactivating the user account, insofar as this function is provided, or by giving notice to Yomoko.

(3) Yomoko may terminate the user agreement with reasonable notice, provided that no paid services with a different term are affected.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the user seriously or repeatedly breaches these Terms of Use.

(5) Upon termination of the user account, access to content, messages, crews, digital benefits, points, rankings, Crew Coins or other app functions may cease, unless otherwise required by law or provided by app store terms.

(6) Subscriptions concluded via app stores must generally be cancelled via the respective app store. Deleting the Yomoko account does not automatically terminate a subscription concluded via Apple or Google, insofar as the respective app store provides for a separate cancellation.

§ 20 App Store Purchases, Immediate Provision and Withdrawal/Refund Processes

(1) For purchases via the Apple App Store or Google Play, conclusion of purchase, payment, order confirmation, store-specific withdrawal, return and refund processes are handled in accordance with the terms and technical procedures of the respective app store.

(2) Digital content, in particular Crew Coins, boosters or premium functions, may be made available immediately in the user account, in the app or in a Crew Wallet after a successful purchase.

(3) If the respective app store provides notices, consents or confirmations in the purchase process regarding the immediate start of performance, the expiry of a withdrawal right or refund processes, these are generally provided within the respective store process.

(4) For such app-store purchases, Yomoko does not provide a separate checkout checkbox or separate statutory model withdrawal instructions within these Terms of Use, insofar as the purchase is fully processed via the respective app store.

(5) Statutory consumer rights remain unaffected. If a refund claim exists by law or under app store rules, the processing of app-store purchases is generally handled according to the processes of the respective app store.

(6) For purchases outside app stores, if such purchases are offered in the future, separate withdrawal instructions, payment terms or contractual information may apply.

§ 21 Liability

(1) Yomoko is liable without limitation for damages arising from injury to life, body or health caused by a breach of duty by Yomoko, a legal representative or vicarious agent.

(2) Yomoko is liable without limitation for damages caused by an intentional or grossly negligent breach of duty by Yomoko, a legal representative or vicarious agent.

(3) In the event of a slightly negligent breach of essential contractual obligations, Yomoko’s liability is limited to the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the user may regularly rely.

(4) Otherwise, Yomoko’s liability for slight negligence is excluded.

(5) Liability under the German Product Liability Act, in the event of an assumed guarantee, fraudulent concealment of a defect and other mandatory statutory provisions remains unaffected.

(6) Yomoko is not liable for user behaviour, tours, joint rides, events or meetings organised by users, user content, the legality or safety of routes, the roadworthiness of vehicles, users’ riding behaviour or the actual implementation of user events, unless Yomoko is responsible under mandatory law.

(7) Yomoko is not liable for content, services, offers or websites of third parties referred to within the app, unless Yomoko adopts them as its own or is responsible for them under mandatory law.

(8) The above liability provisions also apply in favour of Yomoko’s legal representatives, employees and vicarious agents.

§ 22 Indemnification

(1) The user indemnifies Yomoko against claims by third parties asserted on the basis of unlawful or contract-breaching use of the app by the user or on the basis of content provided by the user.

(2) The indemnification also includes reasonable costs of legal defence, insofar as the user is responsible for the infringement.

(3) The user is obliged to provide Yomoko with reasonable support in defending such claims and to provide the necessary information truthfully.

§ 23 Data Protection

(1) Information on the processing of personal data by Yomoko is set out in the separate Privacy Notice.

(2) This applies in particular to information on the processing of registration data, profile data, communication data, location data, ride recording data, payment information, push notifications, device information and other usage data.

(3) These Terms of Use do not replace the Privacy Notice.

§ 24 Applicable Law

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Mandatory consumer protection provisions of the country in which the user has the user’s habitual residence remain unaffected, insofar as they are legally applicable.

(3) Users outside Germany and the European Union must additionally comply with the locally applicable statutory provisions.

§ 25 Consumer Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution. To the extent legally available and applicable, it can be accessed via the website of the European Commission.

(2) Yomoko is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation.

§ 26 Changes to These Terms of Use

(1) Yomoko may amend these Terms of Use with effect for the future if objective reasons exist and the amendment is reasonable for the user.

(2) Objective reasons may include, in particular, changes to app functions, introduction of new functions, technical developments, changes in the law, official or judicial requirements, changes to app store terms, security reasons or abuse prevention.

(3) Yomoko will inform users of material changes in an appropriate manner.

(4) To the extent required by law, Yomoko will grant the user a right to object, a right of termination or a consent option.

(5) Changes shall not apply retroactively to the disadvantage of the user.

§ 27 Final Provisions

(1) Should individual provisions of these Terms of Use be or become invalid, the remaining provisions shall remain valid. The statutory provisions shall apply in place of the invalid provision.

(2) Rights and obligations under this agreement may not be transferred by the user to third parties without Yomoko’s consent.

(3) Statutory rights of the user remain unaffected.