Terms and Conditions

Last updated: 26.11.2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Expat social media application (the "Service") operated by Karl Köppen ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Eligibility

To be eligible to use the Service, you must be at least 18 years old or have the consent of a parent or legal guardian.

2. Accounts

When you create an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Content

You are solely responsible for the content that you post, upload, transmit, or otherwise make available on the Service. You agree not to post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable, as determined by us in our sole discretion.

We reserve the right, but are not obligated, to monitor, review, or remove any content at any time and for any reason, without notice.

4. Intellectual Property

You retain ownership of any intellectual property rights that you hold in your content. By posting, uploading, or otherwise making your content available on the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, and distribute your content on the Service.

5. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information when you use the Service.

6. Limitation of Liability

In no event shall Expat, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

8. Changes

We reserve the right,at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

9. Contact Us

If you have any questions about these Terms, please contact us at team@expat.berlin.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account and access to the Service at any time by contacting us at team@expat.berlin. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless Expat, its owners, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party. The cases described in § 309 Nr. 7 BGB are exempt. This indemnification obligation will survive the termination of these Terms and your use of the Service.

12. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Expat does not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

13. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Expat. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Expat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be deemed modified to the extent necessary to render it valid and enforceable and the remaining provisions shall not be affected by such modification.

15. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Expat's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms constitute the entire agreement between you and Expat regarding the use of the Service, superseding any prior agreements between you and Expat relating to your use of the Service.

17. Feedback

We welcome your feedback, comments, and suggestions for improvements to the Service. You can submit feedback by contacting us at team@expat.berlin. By submitting feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are caused by events beyond the reasonable control of a party, including but not limited to, acts of God, war, terrorism, civil unrest, strikes, lockouts, or other labor disturbances, governmental restrictions, or any other force majeure events.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Expat may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction.

20. Notices

Any notices or other communications provided by Expat under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21. Language

These Terms are prepared and written in English. To the extent that any translation of these Terms conflicts with the English version, the English version shall prevail.

22. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, please contact us at team@expat.berlin.