Skip to content
Die Fotospiel App
Open demo

Terms and Conditions

Effective from 17. October 2026 · Version 5

Terms and Conditions (T&C) for "The Fotospiel App"

Last updated: 17 October 2026

Provider:
Sören Eberhardt-Biermann
Schweriner Str. 15
19306 Neustadt-Glewe, Germany
Mobile +49 173 9266802 Business ID: DE 428754098
Email: Contact via imprint

1. Scope

These Terms govern all usage agreements for the app and online services "The Fotospiel App" between the Provider and Customers (event organizers, agencies, resellers, or—if booked directly—consumers).
Deviating conditions apply only if agreed with the Provider. Individually negotiated agreements take precedence. Organizers must inform participants about their event's usage rules and data processing before upload.

2. Description of Services

  1. The App allows organizers to host photo events with creative tasks where guests can upload, view, and like photos and, where enabled by the booked package and event, short videos.
  2. The scope of services depends on the selected package (photo and video upload limits, maximum video duration, number of tasks, participants, design options, etc.).
  3. The service is provided as Software-as-a-Service (SaaS) via servers of Hetzner Online GmbH, Germany.
  4. Short videos are delivered in the open WebM format. Playback and direct browser recording depend on the browser's WebM and MediaRecorder support; supported WebM files may be selected as an alternative.
  5. Consumers have the statutory remedies for defective digital products. The Provider supplies the updates, including security updates, necessary to maintain conformity during the legally required period and informs consumers about them.

3. Conclusion of Contract

A contract is formed when the Customer books a package and the Provider confirms the booking electronically (e.g., by email).
The presentation on the website does not constitute a binding offer.

4. Rights of Use

The Customer receives a simple, non-transferable right to use the App for the booked period.
All source code, design, and infrastructure remain the sole property of the Provider.
Transfer or subleasing is only permitted under an existing reseller agreement.

5. Customer Obligations

  1. The Customer is responsible for all content uploaded by themselves or their participants.
  2. The Customer must ensure that participants are informed about data processing purposes and that the required consents or usage rights for visual and, where applicable, audio recordings are obtained.
  3. Unlawful, offensive, or harmful content is prohibited; the Provider may remove or block such content.
  4. Personal host account credentials must be kept confidential. Event links, QR codes, and guest access codes may be shared with the intended participants.

6. Participant Obligations

Participants may upload only photos and videos for which they hold the necessary rights. For videos, this also includes rights to any audio or music and the required agreement of identifiable or audible persons. The organizer must obtain the rights needed to display content in the gallery and slideshow and to provide downloads and exports. Agreed private use of lawfully downloaded content does not end merely because the online gallery expires. Public or commercial reuse requires the additional rights and, where applicable, consents needed for that purpose. The rights of depicted or audible persons remain unaffected. The Provider receives the rights necessary for technical delivery (storage, technical video preparation, display, export, and backups). Use for the Provider's own advertising requires separate permission.

7. Prices and Payment

  1. Prices valid at the time of booking apply.
  2. All prices are final prices. VAT is neither charged nor shown under Section 19 of the German VAT Act (UStG).
  3. Payment is made in advance via PayPal (e.g., PayPal balance, credit card).
  4. The payment process is governed by the provider’s terms:
    – PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
  5. The Provider only receives the transaction and payment status data necessary for processing.
  6. Invoices are issued electronically.

8. Availability and Maintenance

The Provider strives for high availability (hosting via Hetzner).
Short interruptions due to maintenance, updates, or force majeure may occur.
No specific uptime is guaranteed. Statutory remedies for service failures remain unaffected.

9. Liability

  1. The Provider is fully liable for intent and gross negligence.
  2. For ordinary negligence, liability is limited to essential contractual obligations and foreseeable damages.
  3. Liability for injury to life, body, or health and mandatory statutory liability remain unaffected.

10. Data Protection

  1. Personal data is processed in accordance with the Privacy Policy (/en/privacy).
  2. Operation takes place on servers of Hetzner Online GmbH under a data processing agreement (Art. 28 GDPR).
  3. Anonymous web analytics in the marketing frontend are conducted via Matomo without analytics cookies; the Privacy Policy provides further details.

11. Term and Termination

The contract ends automatically after the booked event or gallery period expires.
Ordinary termination during the contract term is excluded.
The right to extraordinary termination for good cause remains unaffected.

12. Deletion and Suspension

The Provider may temporarily restrict access to unlawful content or where there are specific indications of substantial contractual violations. Restrictions may also be imposed where necessary to avert a specific threat to the service's security. Their scope and duration must be proportionate; a complaint alone does not justify permanent deletion.

Where legally permitted and without compromising the response to an urgent threat, the Provider informs affected persons of the reason, scope, and duration of the measure and gives them an opportunity to respond and remedy the issue. Permanent deletion or account suspension requires a corresponding legal entitlement, legal obligation, or good cause. Customers' statutory remedies, including remediation, price reduction, or termination, remain unaffected.

13. Amendments

The version agreed when the contract was concluded applies to that booking. Changes to existing contracts require agreement with the Customer; silence does not constitute consent. Mandatory statutory provisions remain unaffected. The Provider may use a new version for future bookings if it is presented before the contract is concluded.

14. Dispute Resolution and Jurisdiction

  1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers retain the protection of mandatory provisions of the country of their habitual residence.
  2. For merchants, the place of jurisdiction is Neustadt-Glewe, Germany.
  3. The Provider is neither obliged nor willing to participate in consumer arbitration proceedings (Section 36 of the German Consumer Dispute Resolution Act, VSBG).

15. Final Provisions

Should any provision be invalid, the remaining provisions remain in effect.
Individually negotiated agreements take precedence regardless of their form (Section 305b BGB).