German version: https://www.heppymedia.com/nutzungsbedingungen

Last updated: 03/01/2022

Preamble

The following general terms and conditions regulate the conditions and the contractual relationship between Heppy Media GmbH, Kanalstr. 33, 22085 Hamburg, Germany, entered in the commercial register of the district court of Hamburg under HRB169293 and the users of our services.

By creating an app account, signing in through our apps or websites, and using our Services, you agree to these Terms of Service, our Privacy Policy, and the Community Guidelines.

Scope

The following terms of use apply to the use of the websites and apps of Heppy Media GmbH and all related services.

Changes/Update

Please check the Terms of Service periodically as we may need to make changes due to new/changing legislation or new features. If it becomes necessary or affects your rights and obligations, or if we need to obtain your consent or notify you of certain changes, we will notify you in the app or by email. By continuing to use our services, you automatically agree to the changes.

Heppy Media GmbH Apps

The Heppy Media GmbH apps (Mativio, Parlaro) are Internet-based platforms that users can use to exchange ideas or arrange joint activities. Users can upload text, images, audio and video recordings to get in touch with each other.

Permission to use

We grant you a right to use our service. All persons with a minimum age of 18 years are entitled to use it. By using our service, you guarantee that you can enter into a binding contract with us and that you will abide by these agreements.

Commencement of contract

The contractual relationship between you, the user, and Heppy Media GmbH arises with the creation of a free user account via our apps or websites.

We reserve the right to refuse your registration if we discover a violation of our Terms of Service, particularly as set forth in the „Your Account“ and „Malicious Interference“ sections.

Your account

In order to be able to use the Heppy Media GmbH apps, you can create a new account or import your data from third-party providers such as Facebook, Apple or Google. We only ask for the minimum of necessary data (e-mail, first name, Apple/Facebook/Google ID). By using these functions, you give us permission to query this data and transfer it to our database.

The use of the Heppy Media GmbH apps with their basic functions is free of charge. You can purchase an extended range of functions (e.g. the Parlaro Premium Account) with a paid subscription (monthly recurring payment).

By using our app you represent that you:

• don’t provide false information when registering and do not pretend to be someone else
• use the Service with your real first name or a pseudonym that does not violate our Terms of Service
• only upload and use information, images, audio and video recordings that are true to you
• do not use more than one account at the same time (an existing account must first be deleted before a new account can be created)
• are not using someone else’s account
• can’t transfer your account to another person
• don’t create a new account if there was already a reason for deleting your account. You must obtain our permission to do this

Unauthorized access to your account

If you suspect that unauthorized access has been made to your account, you can have your account blocked after successful verification of your account affiliation. Contact us at https://www.heppymedia.com/kontakt/.

Login/Verification

Heppy Media GmbH reserves the right to take certain measures to prevent improper use of the app, such as creating multiple accounts or unauthorized access to your account. This may require your account to be linked to a phone number and verified using a verification SMS sent to your mobile phone. We reserve the right to change the login mechanism of the app at any time. This means that it can be possible at any time that the login is only possible, e.g. by telephone number. If you do not agree to this, we are entitled to an extraordinary termination without notice.

Deletion of your account

You can delete your account at any time in the app settings and uninstall the app on your mobile phone. However, please note: Deleting your Heppy account or the app is not sufficient to cancel a subscription. Cancellation can only be made via the respective app store. See the „Purchases“ and „Cancel Paid Subscription“ sections for more details.

Rights that you grant to the Heppy Media GmbH apps

By creating an account and using the Heppy Media GmbH Apps, you grant us a free, worldwide, perpetual, non-exclusive, transferable, sub-licensable and unlimited right to store, copy, process, modify and send any information and content you publish on our platform to other users and, with your consent, to pass this data on to third parties for the personalized provision of advertisements. The right of use includes the right to commercial and non-commercial use. This right remains in force until your account, including all data, is deleted. We will never misuse this data and will always protect your privacy. We will contact you for advertising purposes, but will not use and publish your data for public advertising. However, since the events created in the Mativio app are publicly accessible and this is a special, characteristic feature of the app, you agree that your content may be viewed by other users, including non-registered users, on the Internet. The same applies to voice recordings that you create in the Parlaro app. By using our service, you assure that you own all rights to your uploaded content and release us from any third-party claims in this context.

You assure that all the information you provided during registration is correct and that this is not related to an attempt at fraud (e.g. creating multiple accounts for the same person. Only one account is allowed per person).

You agree that we may monitor and review your content at any time and may delete it at any time without warning if we deem it inappropriate in any way. There is no right to recover the deleted content and data. We have the right to delete your account at any time if your behavior is threatening or offensive, you violate our Terms of Service, you violate the rights of third parties or you misuse the Service. We are also authorized to forward criminally relevant content to the responsible authorities.

Heppy Media GmbH has the right to terminate/delete/block your account(s) at any time and without warning if there is a suspicion that you have violated this agreement. In the event of such termination/deletion/suspension, you will not be entitled to a refund for any purchases/current subscriptions you have made. If you violate the terms of use, we are entitled to warn you, to deactivate/block individual functions or areas of the app for your account, to permanently block your user account, to terminate it extraordinarily and to prohibit you from registering again.

You agree that Heppy Media GmbH may collect, process and use anonymous usage, location, network and device data as declared in the data protection declaration.

User messages may be viewed by our staff for spam checking purposes.

Responsibility/Security

You are solely responsible for your actions within the Apps. Create a secure and unique password upon registration and never give out sensitive information to third parties. It is your own responsibility to contact other users in the form of a chat conversation or a real meeting outside of the apps and to check their information beforehand.

Offensive/copyrighted content

By using the apps, you agree not to post, publish or share any offensive, illegal, abusive, harassing, discriminatory, bullying, threatening, abusive, defamatory, sexual, pornographic, obscene, racist, self-destructive, or violent content (text/photos/audio recordings/videos) on our platform and that you protect and respect the privacy and personal rights of other users.

It is also prohibited to publish copyrighted works in the apps. Failure to do so can result in your account and your data being deleted without warning and you will no longer be able to use our apps in the future.

Malicious Disturbance

By using it, you agree that you will not in any way maliciously harm our apps and its users or use the service for any

• do not disturb the service and its operation/network
• do not use any automated services (bots, crawlers, etc.) for analysis/compromising or access data for any other processing
• do not use the app to spread spam
• do not use the app for commercial purposes
• do not use the app for extortion and fraud
• do not upload and spread viruses/malware via it
• do not copy the app or parts/functions of it
• do not use any identification features of our app to direct users to other websites
• only access our services via our offered platform/interface

Bug bounty program

For discovering security gaps in our software/our services and reporting these security gaps to us, we agree to reward the finder appropriately. Please contact us at https://www.heppymedia.com/kontakt.

Code of Conduct

By using our app you represent that you:

• treat other users and customer service with respect
• own all rights to content you publish on our platform
• do not infringe the rights of third parties with content you have published on our platform

Content from other users

Heppy Media GmbH is not responsible for content that other users publish on our platform. We do everything in our power to check illegal, offensive, violent or racist content and remove it from the platform as quickly as possible.

Nevertheless, it can happen that you come across illegal, offensive, violent or racist content on our platform. You use our service at your own risk at all times.

Do your part by reporting inappropriate and conspicuous content within the app to us using the „Report“ function.

Copyright infringement

If your copyrighted material has been illegally posted on our platform, we will investigate. To do this, please contact us here with all the necessary information (e.g. the link to the content, a screenshot of the content and a signed declaration that you are the copyright owner, including your contact details).

Purchases/Subscriptions

Within the apps you can make in-app purchases or purchase a paid subscription. These purchases are processed via the services of Apple (Apple iTunes) and Google (Google Play Store), which is why you will be forwarded there when you make a purchase to authorize your payment or enter your payment information there. These purchases are linked to your user account. When you take out a subscription, the payment will be repeated at regular intervals until you cancel it in the respective app store. If you do not want your subscription to be automatically renewed for the period you have chosen, you must also cancel it there, but you can continue to use your subscription until the end of your already paid period. You can usually cancel your subscription with 24 hours‘ notice before the subscription expires. The conditions of the respective app stores must be taken into account. The user account remains unaffected by the termination of a subscription and you can continue to use the service without the additional functions included in the subscription. Deleting your app account or the app is not sufficient to cancel a subscription. By making a purchase, you agree to pay all costs presented to you and authorize us to charge your account with your payment provider. In the case of intentional and malicious chargebacks, we reserve the right to terminate or delete your account.

Cancel paid subscription

We use the services of Google and Apple to implement paid subscriptions. You can cancel your subscription via their platforms (Google Play Store, Apple iTunes). See the previous section for more information. If you have any questions, you can contact us at any time at https://www.heppymedia.com/kontakt/.

Complaint/Refund

Refunds are not processed by us. If you made a purchase using your Apple ID, refunds will be processed by Apple. To request a refund, go to iTunes, click your Apple ID, choose „Order History“, find the transaction, and click „Report a Problem“. You can also request a refund via https://getsupport.apple.com.
If you purchased your subscription through the Google Play Store, please contact us at https://www.heppymedia.com/kontakt with your Google Play Store order number (you can find the order number in your confirmation email or by logging into Google wallet). You can also email your cancellation to us. This must include the statement that you, the buyer, are terminating the agreement. Please also include the email address or phone number associated with your account and your order number.

If you live within the EU, you have a 14-day refund right when you take out a subscription.

Third Party Services

We use external services from Google and Apple to provide advertisements on our platform. These come with their own terms and conditions. We are not liable for the advertisements published on our portal and the external content to which they refer.

In addition, we are not liable for external content that is referred to within our apps (e.g. via links in messages or profiles). Our Terms of Service and Privacy Policy do not apply to external content. Questions, complaints and claims relating to external sources, third-party websites and any purchases made via them should be directed to those responsible for them.

Limitation of Liability

We do not guarantee that our Service will be error-free, secure, uninterrupted, or continuously available. We assume no responsibility and liability for any loss of data or consequential damage that you suffer as a result.

Heppy Media GmbH grants itself the right to change the range of functions of the app at any time and without being asked or to completely discontinue functions or the app and the associated service. Wherever possible, maintenance and software updates will be performed at times when the service is least used.

We assume no liability for damage of any kind that you incur as a result of using our service.

In addition, we accept no liability for content posted on the Service or content posted by you and other users through our app that is illegally distributed by third parties on the Internet. You use our apps at your own risk at all times.

When using older Android or iOS versions, the service may not work properly. Please always ensure that you are using the latest version of your operating system.

Data storage

We try to use stored data in a resource-saving manner in order not to overload our servers. By using our app, you are aware that the content you have posted may no longer be available after the relevance for using the app has expired (e.g. after the event date has passed) or after a certain period of time. We reserve the right to delete data on our servers at any time without informing you. It is your responsibility to back up important data.

Our software, services and data are hosted on servers in Europe (Ireland).

Traffic

The use of our service can result in a not inconsiderable amount of data traffic. How much data is uploaded and downloaded depends on your use of the service. Please make sure that you use our apps in a Wi-Fi or have sufficient data volume with your mobile network provider.

Place of jurisdiction

These terms of use and its agreements fall under German law.

Feedback

You can always submit feedback about the apps or problems/bugs at: https://www.heppymedia.com/kontakt/.

Contact

If you have any questions, you can contact us via our website at: https://www.heppymedia.com/kontakt/. If you have questions about your account, please note that your email address must match the email address associated with your account.