Version: 0.9.1
The provider of Living in My Shell is Felix Schuck, Nelkenstr. 14, D-67691 Hochspeyer, Germany, e-mail: info@living-in-my-shell.eu, phone: +49 1515 9043929.
These terms of use apply to the CompanionApp, the tablet app and the functions connected with them. They are addressed to consumers and businesses. Mandatory consumer protection provisions remain unaffected. The terms of use only become part of the contract if the user was referred to them in a reasonable manner before the contract was concluded, was able to take note of them and agreed to their validity.
Living in My Shell is currently provided free of charge as a test version. In particular, the test version allows a project to be managed, pictures, videos, slideshows, calendar data and greetings to be shown on a paired tablet, and video calls via a Jitsi server of our own.
The test version is being trialled and continuously developed; it may be incomplete and contain errors. Functions may change or may still be missing. The provider may develop the test operation further, interrupt it temporarily for technical or security reasons and end the test version for good reason. Statutory claims for non-provision, defects, injury to life, body or health as well as for intentional or grossly negligent breaches of duty remain unaffected.
The contract is concluded when the user registers, confirms their e-mail address via the link sent to them and accepts these terms of use when signing in for the first time. The user must provide correct information when registering, keep access data secret and inform the provider without delay if unauthorised access is suspected.
An account may not be transferred and may not be used for unlawful purposes. The user must ensure that they are entitled to use the content they add and that they respect the rights of the persons depicted, recorded or otherwise affected.
The tablet shows only content of the paired project. The Hero must open and confirm the terms of use and the privacy policy on the tablet personally before the display of pictures, appointments, greetings and calls begins. If the Hero declines, the display is paused. The Hero can make the decision again later.
Whoever helps to set up the tablet does not decide for the Hero there; they may read aloud and explain.
The Hero’s consent is a contractual and documented declaration on the use of the app. It replaces neither the Hero’s consent to a processing of personal data, insofar as such consent is required, nor the project owner’s responsibility for the content and its lawfulness.
The project owner manages the project, invites members, assigns their roles, can delete content and remove members. The owner can appoint members as managers who support the owner in running the project. Towards the provider, the owner is responsible for the lawfulness of the project-related content and for compliance with the project rules. The own responsibility of the person who adds a piece of content remains unaffected.
The project owner must inform the Hero about the processing of the data concerning the Hero, enable the Hero’s rights and obtain the necessary rights and consents before adding photos, videos, audio recordings, calendar data and messages. The provider does not check whether these requirements are met in the individual case.
The rights to texts, pictures, videos, audio recordings and other content remain with the user or the respective rights holders. The user grants the provider a simple, non-transferable and royalty-free right to store, back up, technically adapt — in particular rotate, crop or reduce in size — and transmit the content to the devices of the associated project, insofar as this is necessary to provide, maintain and secure the app. The right exists only as long as the content is stored for these purposes.
There is no publication outside the project, no advertising, no own evaluation and no other use for the provider’s own purposes, unless separately and validly agreed.
(1) Inadmissible is in particular content that violates applicable law, the rights of third parties or the project rules, as well as content for which the user adding it does not hold sufficient rights. The provider does not check content in general and not without cause.
(2) Reports of unlawful content can be submitted via the reporting channel named in the imprint or in the CompanionApp directly at the content concerned; the content is then assigned to the report automatically. A report should contain the reasons for the alleged unlawfulness and, where necessary, contact details, and a report via the imprint also the specific location.
(3) If, after examining a report or on the basis of other concrete indications, the provider considers a piece of content inadmissible, the provider blocks it. Blocked content is shown neither on the tablet nor in the CompanionApp and can be neither opened nor downloaded nor deleted there; if it is part of a slideshow or a greeting, it is omitted there as well. It remains stored for the review of the decision and to safeguard rights and is deleted at the latest twelve months after the report has been completed, unless the block is lifted earlier. This also applies if the project or the project owner’s account is deleted earlier. Where a block is not provided for, for example for appointments, the provider removes the content or asks the project owner to remove it. Content whose storage is itself unlawful is removed by the provider in accordance with the statutory requirements. If there is a suspicion of a criminal offence that poses a threat to the life or safety of a person, the provider informs the competent authorities without delay; if other criminal offences are suspected, the provider may inform them. In the case of serious or repeated violations, the provider may block the user’s account.
(4) The provider informs the project owner of the project concerned of a block by e-mail. The message names the blocked content, the reasons for the decision and the ways to challenge it. If it is known which user added the content, for example the sender of a greeting, that user is informed as well. Otherwise the provider cannot determine which user added a piece of content or included it in a slideshow; the app does not store this. Clarifying this within the project is the responsibility of the project owner, who is responsible for the project-related content under § 5. Name and e-mail address of the reporting person are not disclosed.
(5) The project owner and a user informed under paragraph 4 can object to the decision by e-mail to the address given in § 1. The provider examines the objection and lifts the block if it turns out to be unfounded. A reporting person who has given contact details is informed when the handling has been completed. Statutory remedies remain unaffected.
The provider does not owe uninterrupted operation or availability at all times. Planned maintenance, security measures, disruptions of internet or third-party services as well as events beyond the provider’s control may impair use. The provider endeavours to remedy significant disruptions as promptly as possible.
The provider may inform the users, in particular the project owners, by e-mail to the address of their account about planned maintenance, disruptions and other circumstances affecting operation. There is an obligation to do so only where these terms of use or the law provide for it.
Necessary updates and security updates may be provided at any time. Changes to functions that go beyond maintaining conformity with the contract are made only for good reason, at no additional cost and after prior understandable information. If the possibility of access or the usability is impaired more than insignificantly, the consumer’s statutory rights apply, in particular under § 327r of the German Civil Code (BGB).
The test version is currently free of charge. There is no claim to later free use or to a particular duration of the test. Before a charge is introduced, price, scope of services, term, termination conditions and, where applicable, rights of withdrawal will be communicated separately and transparently.
The user can delete their account at any time with effect for the future or terminate the contract in text form. The provider can end the test operation or an individual contract for good reason, in particular in the case of a serious violation of these terms of use, security risks or the final discontinuation of the service. Statutory rights to terminate the contract, to reduce the price, to subsequent performance and to damages remain unaffected.
After termination of the contract, the user may no longer use the app unless mandatory statutory rights stand in the way. The project owner can download a backup of their project as an archive file at any time and restore it. It contains the media files in the stored version as well as folders, slideshows, greetings, appointments and the assignment of the members in machine-readable form; pictures are reduced in size for display when uploaded (§ 6), so the app does not replace a backup of the originals. The content of a project, including greetings and appointments, belongs to the project; other users do not receive it separately. When the account is deleted, the user’s projects are deleted immediately and permanently, with the exception of blocked content (§ 7(3)); a backup should therefore be downloaded beforehand. If the provider ends the test operation, the provider announces this in good time so that the projects can be backed up beforehand. Statutory claims, in particular under § 327p BGB and under the General Data Protection Regulation, remain unaffected.
The provider is liable without limitation for damage resulting from injury to life, body or health, for damage due to intentional or grossly negligent breaches of duty, under the Product Liability Act and for expressly assumed guarantees.
In the case of a slightly negligent breach of essential contractual obligations, the provider is liable only for the typical, foreseeable damage. Otherwise, liability for slightly negligent damage is excluded, insofar as permitted by law. Liability for mandatory statutory claims, in particular the rights in the event of defects of digital products under §§ 327 et seq. BGB, remains unaffected.
The provider is not liable for the lawfulness, correctness or completeness of the content added by users, nor for damage arising solely from a user not complying with necessary rights, consents, security measures or updates. Responsibility for emergencies, medical care and nursing decisions remains with the user or with the persons appointed for this.
The separate privacy policy applies to the processing of personal data. It is part of the pre-contractual information but does not establish any further rights of use and does not replace any project-related information or legal basis of the project owner. The separate agreement on processing on behalf of a controller applies to processing on behalf of the project owner.
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.
Should individual provisions be or become invalid, the remainder of the contract remains valid. Invalid provisions are replaced by the statutory provisions. Changes and additions require at least text form, unless a stricter form is prescribed by law.
In the event of discrepancies between the German version and a translation, the German version prevails.