§1
Scope of Application
(1) These Terms and Conditions of Yomoko UG (limited liability), Straße der Jugend 18, 14974 Ludwigsfelde (hereinafter "Provider") apply to the use of the website www.yomoko.de, its associated services, applications, and tools.
(2) These Terms and Conditions form the basis for the contractual relationship between the Provider and the users of the "Yomoko" application (hereinafter "App").
(3) The offered usage (hereinafter referred to as "Offer") is directed exclusively at consumers within the meaning of § 13 BGB who are at least 18 years old and have full legal capacity.
(4) Any conditions from users that contradict these Terms and Conditions will not be accepted. Such conditions only apply if we have explicitly agreed to them in writing.
§2
Services
(1) The provider allows the user to use the functions of the website www.yomoko.de, the associated services, applications, and tools free of charge within the framework of these terms of use. The user can provide their own content (texts, photos, videos, data, routes, etc.) to other users of the app through the Yomoko app.
(2) The user is solely responsible for the content they provide. They must ensure that it does not violate any laws or the rights of third parties and complies with the terms of use. The provider does not review the provided content before publication and assumes no liability for the form, accuracy, appropriateness, and quality of the content. The provider has the right to remove user content at any time in case of violations of the terms of use.
(3) The user is responsible for backing up their data outside of the app.
(4) The provider does not owe any specific tours, meetings, events, or their execution. The service is intended for networking and communication between users.
(5) The provider is entitled to further develop, adjust, change, or restrict the service as long as it is necessary for objective reasons (e.g. technical advancements, security reasons, abuse prevention, legal requirements). Additionally, the provider may offer paid additional features and/or subscriptions (“Premium”). The regulations in §11 also apply to this.
(6) Advertising and partner offers (also for non-Premium users)
The service may contain advertisements, notices of third-party offers, as well as other content or links to websites, platforms, or services from third companies (“third-party content”). Such content may be displayed both in the free functionality and as part of Premium.
Unless otherwise expressly stated, the provider only makes this third-party content available for information or as a link and is not the provider of the respective third-party service. The specific content, conditions, availability, as well as the execution and quality of the third-party service are solely the responsibility of the respective third-party provider.
If the user accesses third-party offers through the service or is redirected to external websites/platforms, they leave the service. Only the terms and conditions and data protection regulations of the respective third-party provider apply to the use. The provider has no influence on their content, conditions, or data processing.
§3
Registration / Conclusion of contract
(1) A registration of the user is necessary to use the app. The user begins the registration process by entering their mobile number and then receives a confirmation SMS. After confirming the SMS, additional information must be provided. Registration occurs on the premise that the user accepts the terms of use and has acknowledged the privacy policy.
(2) Before completing the registration, the user can recognize input errors by carefully reading the displayed information and correct them using the usual input options.
(3) By clicking the "Register" button, the user submits an offer to conclude a usage agreement for the use of the app. The contractual offer can be accepted by the provider by granting access to the app.
(4) The language for contractual agreements is German. The provider does not retain a separate copy of the individual contract text; these terms of use can be viewed by the user at any time within the app/website.
§4
Granting rights and responsibilities for user content
(1) Upon successful registration, the user receives a free, non-transferable, non-sublicensable right to use the app for the duration of the usage contract, valid without geographical restrictions, revocable, according to the terms of use during the contract period. There is no transfer of rights; all rights to the app and its contents remain with the provider.
(2) Not included in the granted usage right is the right to duplicate or modify the app in whole or in part or to use it contrary to these terms of use. The user is not permitted to extract or use the source code of the app. Furthermore, the user is not allowed to use the app for commercial purposes.
(3) The user grants the provider a limited, free right to use the provided content (texts, photos, videos, data, routes, etc.) locally and temporarily for the duration of the content's availability in the service. This grant includes the right to store, process, copy, technically edit (e.g., format/size adjustment), transmit, and make publicly accessible the content, as far as this is necessary for the operation and provision of the app.
(4) The provider is entitled to engage service providers (e.g., hosting/IT providers) to provide the service; for this purpose, the provider may pass on usage rights to these service providers to the necessary technical extent (sublicense exclusively for operational purposes).
(5) Use of user content outside the service operation (e.g., for pure marketing purposes) shall only occur – to the extent necessary – with separate consent from the user or in a legally permissible manner (e.g., anonymized/without personal reference).
§5
Availability
(1) The provider strives for a high availability of the service. Maintenance, updates, or system work may lead to temporary restrictions; these occur, as far as possible, outside typical main usage times.
(2) The user is informed that outside of maintenance times, there may be temporary outages of the service due to unpredictable technical problems.
(3) Although we always strive to make the app continuously available, there is no entitlement to uninterrupted availability or a certain quality of functionality of the service. The provider reserves the right to change or discontinue the service in whole or in part at any time. For paid premium subscriptions, the special provisions in §11 apply additionally, particularly regarding essential changes and the handling of partner offers.
§6
Protection against sexual abuse and sexual exploitation of children
(1) Prohibited Content: It is strictly forbidden to post or distribute any content through the app that is related to sexual abuse or the sexual exploitation of children. This includes in particular:
• Depictions or mentions of child abuse or sexual exploitation of minors,
• Any form of child pornography or related content,
• Content that glorifies or normalizes pedophilia, sexual violence, or the sexual exploitation of children,
• The solicitation or incitement to sexual abuse or the exploitation of minors.
(2) Reporting Obligations and Moderation: The provider reserves the right to immediately remove any content that violates these regulations and to suspend the user concerned without prior notice. In addition, corresponding incidents may be reported to the relevant authorities.
(3) Cooperation with Law Enforcement Agencies: The provider commits to cooperating with the relevant investigative authorities if there are indications of abuse or the distribution of illegal content within the app.
(4) Preventive Measures: The provider may implement moderation measures and, to the extent permitted by law, technical procedures for abuse prevention. Users who encounter problematic content are encouraged to report it immediately.
§7
Duties and responsibilities of the user
(1) Prohibited Use: The user agrees not to use the app for the following purposes:
• The promotion, offering, or distribution of pornographic content or content that violates youth protection laws.
• The abusive use of the app through the deployment of malware.
• Uploading copyrighted content unless the user possesses the necessary rights or consents.
• The dissemination of racist, sexist, offensive, defamatory, or otherwise illegal content or information.
• Using photos with defamatory, offensive, racist, or otherwise illegal or immoral content.
• Intercepting or attempting to intercept messages.
• Advertising for third parties or sending messages for commercial purposes.
• Threatening or unreasonably harassing other individuals (especially through spam) or violating the rights of third parties, including personal rights.
• Any form of child abuse or sexual exploitation of children, according to §6 of these terms of service.
The regulation regarding advertising for third parties does not apply to advertising, partner offers, or other references to third-party offers that the provider displays within the app itself.
(2) Planning and Conducting Tours: When preparing and executing motorcycle, scooter, or quad tours, the user is obliged to strictly comply with all applicable road traffic regulations and safety rules. If a planned event requires notification, the user is responsible for submitting the corresponding registration to the competent authority. In addition, the user must exercise due diligence and take appropriate consideration for other road and tour participants. Appeals or incentives from the app that could lead to violations of traffic regulations or any other laws are strictly prohibited.
(3) Consequences of Abuse: In the event of abusive use, the provider reserves the right to temporarily or permanently disable the user account of the concerned user. This will result in the exclusion of the usage rights granted by registration.
(4) Participation in Tours: Each user is personally responsible for the choice of the tours they participate in and for the selection of tour participants or tour providers. There are no legal claims against the app provider or other users regarding the execution of tours.
(5) User Responsibility: Each user is responsible for their own use of the app and must ensure that it does not violate legal provisions. The provider is not liable for the safety of the routes selected using the app concerning public traffic or for the manner in which tours are conducted. It is the user's responsibility to ensure that the destinations suggested by the app can be legally accessed or entered and that the property and house rights of both private and public property owners are respected. Furthermore, the user must ensure that they do not pose a threat to public safety and order, e.g., by blocking public pathways. It is essential that the user always behaves in accordance with and respects local legislation.
(6) Respectful Interaction: The user agrees to engage respectfully with other users of the app. Discriminatory, harassing, or otherwise inappropriate communication may lead to an immediate suspension of the user account.
(7) The user is obligated to treat the authentication data provided during registration confidentially and not to disclose it to outsiders. It is the user's responsibility to take appropriate measures to prevent the disclosure of this data to third parties. In the event of any signs of unauthorized use of their registration data, the user must immediately inform the provider.
§8
Duration and termination of the basic user contract
(1) The user agreement between the user and the provider is concluded for an indefinite period.
(2) The user has the option to terminate the contract at any time by deactivating their user account.
(3) The provider has the right to terminate the contract if the user repeatedly or in a serious manner violates the provisions of § 6 or § 7 of these terms, particularly if they misuse the app to commit or incite unlawful actions.
(4) Statutory termination rights remain unaffected.
(5) The provisions in §11 apply additionally for the termination of chargeable premium subscriptions; the processing is usually done through the respective app store.
§9
Liability and Compensation
(1) In principle, all claims of the user for damages are excluded, with the exception of those arising from injury to life, body, or health, and those based on intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(2) In the case of violations of essential contractual obligations, also known as cardinal obligations (i.e., obligations that are necessary to achieve the purpose of the contract), the provider is liable only if the damage was caused intentionally or through gross negligence.
(3) Otherwise, the provider's liability for slight negligence is excluded.
(4) The provider assumes no liability for violations of legal provisions that the user commits by using the app. This particularly includes violations of the road traffic regulations or unauthorized entry onto private property.
(5) The provider is not responsible for content or services from third parties that are pointed out within the app through advertisements, partner offers, links, or other references. This applies to content displayed in the free functionality as well as for partner offers within the framework of premium. The respective third party is solely responsible for the content, terms, availability, execution, quality, and any data processing by the third party.
(6) All liability limitations apply equally to the legal representatives and vicarious agents of the provider, should claims be directly asserted against them.
(7) The above liability limitations shall not affect mandatory statutory grounds for liability, in particular under the Product Liability Act.
§10
Exemption and indemnification
(1) The user indemnifies the provider against any claims made by third parties due to an alleged infringement of their rights by the user's use of the app against the provider. The user assumes all costs incurred by the provider in this context, including reasonable costs for legal defense.
(2) The user commits to assist the provider to the best of their abilities in repelling any claims from third parties. This also includes the user providing the provider with all information needed for the defense in full and truthful manner.
§11
§11 Paid services, premium subscriptions, and digital add-on features
(1) General / Service Description
The provider offers within the app paid additional features and/or subscriptions ("Premium services" or "Premium subscriptions"). Premium services may include, in particular: visual markers (e.g., badges), extended functions (e.g., voice/speech functions, group or community functions, AI-powered tools), as well as – depending on availability – access to partner offers/deals. The specific scope of services arises from the description in the app and/or in the respective app store at the time of purchase.
(2) License Grant and Scope of Use
By purchasing a premium service, the user receives a simple, non-transferable, non-sublicensable, and revocable license to use the respective digital additional feature for the agreed duration. No ownership transfer takes place. The user is not entitled to resell, transfer, exchange, or commercially exploit premium services or associated digital content unless this is expressly permitted by the provider.
(3) Conclusion of Contract and Payment Processing
The acquisition of premium services takes place exclusively through third-party platforms (e.g., Apple App Store or Google Play Store). The contractual partner regarding payment processing and subscription management is the respective platform operator. The published conditions, prices, terms, payment intervals, and cancellation periods there apply. Only the respective app store is responsible for payment transactions and the management of ongoing subscriptions.
(4) Duration and Automatic Renewal
If a premium service is a subscription, it will automatically renew for the respective subscription period (e.g., monthly or annually), unless cancelled within the period specified by the app store before expiration. Price changes for subsequent periods will be announced by the app store operators. Cancellation directly through the provider is excluded.
(5) Right of Withdrawal and Immediate Provision of Services
By purchasing a paid digital service, the user expressly agrees that the provider begins performance of the service before the expiration of the statutory withdrawal period (§ 356 Abs. 5 BGB). The user thereby loses their right of withdrawal upon the commencement of execution. This particularly applies to immediately activated visual content, advertising functions, or community features.
(6) Premium Tiers, Scope of Functions, and Quotas (including AI Functions)
The provider may offer premium in different tiers (e.g., Bronze, Silver, Gold) and determine the scope of functions for each tier. Depending on the chosen tier, premium may enable access to additional or extended functions, content, or benefits within the app. The specific scope of premium results from the currently valid service description in the app.
Individual premium functions may be limited in quota (e.g., monthly usage limits). Unused quotas expire at the end of the respective billing period and are neither transferable nor refundable.
If premium includes AI-supported functions, these generate content automatically and may exhibit content or technical inaccuracies. The user remains solely responsible for the use, publication, and legal permissibility of all content utilized by them.
(7) Availability, Changes, and Development of Premium
There is no entitlement to a specific availability, quality, speed, or error-free operation of individual premium functions. The provider is entitled to further develop, modify, replace, or discontinue premium functions, provided there is an objective reason for doing so (in particular, security, abuse prevention, technical advancement, changes by third parties, legal changes) and the change is reasonable for the user.
If a change leads to a significant restriction of essential premium functions, the provider will inform the user in a timely manner. Mandatory consumer rights, especially from regulations concerning digital products, remain unaffected.
(8) Partner Offers / Deals (varying, possibly not available)
Regardless of advertising content or partner offers that may also be displayed in the free function scope, premium may additionally provide access to benefits, discounts, promotions, or other offers from third-party companies depending on availability ("Partner Offers"). Partner offers:
• may be time-limited, quota-limited, or subject to additional conditions,
• may be changed, restricted, or terminated at any time,
• may not necessarily be available at all times, and there is no entitlement to specific partner offers or a minimum scope of discounts or benefits.
Unless expressly stated otherwise, a contract for the utilization of a partner offer is concluded solely between the user and the respective partner. The provider merely informs or mediates.
If the user claims a partner offer or is redirected to an external website or platform of a partner, they leave the app. In this case, only the general terms and conditions and privacy policies of the respective partner apply. The user is responsible for checking these conditions before claiming the partner offer.
The respective partner is solely responsible for the content of their offers, the content of their website or platform, and for the processing of personal data. The provider has no influence over the content, design, conditions, availability, or data processing by the partner or other third parties.
The provider assumes no responsibility and no liability for the content of partner offers or other third-party content as well as for the fulfillment, execution, quality, or availability of partner offers, unless the provider has caused the damage intentionally or with gross negligence or there is a mandatory statutory liability.
(9) Termination, Blocking, and Loss of Premium Access
In the event of termination of the user account, blocking due to violations of these terms of use, or termination of the service by the provider, the possibility to use acquired premium services may cease. A refund of already paid fees will only occur if required by law or if the app store operator provides for a refund.
§12
Applicable law
(1) This contract is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) Mandatory provisions of the country in which the user has their habitual residence remain unaffected.
(3) The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§13
Online dispute resolution and dispute resolution procedures
(1) The provider is neither obligated nor willing to participate in an arbitration procedure before a consumer arbitration board.
§14
Severability clause
(1) The provider reserves the right to change these terms of use at any time with effect for the future.
(2) If individual provisions of this contract are or become wholly or partially invalid or unenforceable, this shall not affect the validity of the contract in other respects.
