Terms of Service

§ 1 Scope of Application, Provider, Contracting Parties

(1) These Terms of Service (hereinafter the "Terms of Service") govern the use of the mobile application "Avygo" for iOS and Android, the associated web application at avygo.app (hereinafter collectively the "App" or the "Service"), and all features, content and services offered through them.

(2) The contracting party and provider is

Quzet Labs UG (haftungsbeschränkt)

Krenklstraße 5, 84034 Landshut, Deutschland

registered in the commercial register of the Local Court (Amtsgericht) of Landshut under HRB 15328

Managing Director authorized to represent the company: Adrian Tecleanu

VAT ID (USt-IdNr.): DE461632802 · Phone: +49 1522 7653629 · Email: support@avygo.app

(hereinafter the "Provider" or "we").

(3) The user of the App (hereinafter the "User" or "you") is the natural person who concludes a contract with the Provider for the use of the App. The App is directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). Commercial use is not intended and is prohibited without the express written consent of the Provider.

(4) Deviating, conflicting or supplementary general terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their application.

§ 2 Subject Matter of the Contract and Description of Services

(1) Avygo is an application for the private planning, organization and carrying out of events of all kinds (e.g. birthdays, weddings, parties, family celebrations). The App enables in particular:

• the creation and management of private events with date, location, description and media;
• the inviting of guests via shareable invitation links, which the User copies independently and forwards using the system functions of his or her device (e.g. messenger, email);
• the management of guest lists and acceptances/declines (RSVP);
• transport-encrypted group and private chats, including the sending of text, images, videos, audio, documents and contacts;
• event-planning modules such as surveys/Polls, cost splitting (Expenses), gift and wish lists, gift pools, to-do lists, Moodboards, inspirations and party games;
• a personal profile with a gallery and configurable visibility;
• Push notifications about App events;
• optional paid Premium Offers pursuant to § 10.

(2) The Provider reserves the right to further develop the App's range of features at any time and to add, modify or discontinue individual features, provided this is reasonable for the User and the principal purpose of the contract – the planning and carrying out of private events – is not impaired. Material changes will be announced in advance in the App.

(3) Where third-party providers are integrated for individual modules (e.g. map or location services, payment processors, authentication services), their terms apply in addition. The Provider will point this out in the respective processing context; details are set out in the Privacy Policy.

(4) The Provider does not operate a payment service within the meaning of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, ZAG). The "Expenses" and "Gift Pool" modules serve exclusively as coordination aids between Users; any monetary or in-kind contributions are made by the User outside the App and without any involvement of the Provider. The Provider does not collect, manage or transfer any payment amounts in connection with these modules.

(5) For the chat feature, the App uses transport-encrypted transmission (TLS 1.2 or higher) between the device and the server as well as server-side encryption at rest (AES-256). End-to-end encryption does not take place; the Provider therefore has the technical ability to access chat content. Such access takes place exclusively in the cases described in the Privacy Policy (clause 6.7), in particular for the processing of reports pursuant to § 8 of these Terms of Service or on the basis of a legal obligation. Up to and including version 2.0 of these Terms of Service, the chat feature was operated with end-to-end encryption via the Matrix protocol; this encryption method is no longer used.

§ 3 Conclusion of Contract, Registration, Minimum Age and Age Verification

(1) Use of the App requires registration. The User may register via

• email address with a confirmation link ("Magic Link"),
• Apple sign-in ("Sign in with Apple"), or
• Google sign-in ("Sign in with Google").

(2) The contract is concluded upon successful authentication via the sign-in method chosen by the User and the separate, express consent to these Terms of Service as well as acknowledgment of the Privacy Policy. The Provider reserves the right to delay or refuse activation in order to prevent abuse.

(3) Use of the App is permitted exclusively to persons who have reached the age of 16.

(4) The Provider verifies the minimum age during registration by means of a mandatory query of the full date of birth (day, month, year). If the date of birth provided shows that the User has not yet reached the age of 16, the registration is prevented.

(5) In addition to this self-declaration, the Provider employs a technical anti-circumvention procedure: if a registration is refused for failure to meet the age limit, a non-reversible, hashed identifier (SHA-256 of the email address, device identifier and year of birth) is stored for a maximum of 90 days. A renewed registration using the same identifiers is technically prevented during this period. This measure fulfils the requirement of "appropriate and proportionate measures" for the protection of minors pursuant to Article 28 of Regulation (EU) 2022/2065 ("Digital Services Act"). Details of the processing of these data are set out in the Privacy Policy.

(6) Untruthful statements regarding age result in the immediate suspension and deletion of the account. A subsequent correction of the date of birth is possible exclusively via support at support@avygo.app; in the event of suspected circumvention of the age limit, the Provider may request suitable proof of identity.

(7) The User is obliged to provide truthful information during registration and to keep it up to date. Opening more than one account per person is permitted only with the express consent of the Provider.

(8) Login credentials must be kept secret by the User and protected against access by third parties. The User must inform the Provider without undue delay of any suspicion of unauthorized access to his or her account.

(9) There is no entitlement to the conclusion of a usage contract. The Provider reserves the right to refuse registrations without stating reasons, provided that no statutory obligations are violated thereby.

§ 4 Rights of Use in the App

(1) For the duration of the contractual relationship, the Provider grants the User a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to install, launch and use the App as intended for private, non-commercial purposes on the devices operated by the User.

(2) All rights in the App, its content, names, logos and source code remain with the Provider or its licensors. No rights beyond the rights of use granted in paragraph 1 are granted.

(3) The User is in particular prohibited from:

• reproducing, distributing, making publicly available, renting or otherwise commercially exploiting the App or parts thereof, unless expressly permitted;
• reverse engineering, disassembling or decompiling the App, except to the extent mandatorily permitted by law (§ 69e of the German Copyright Act (Urheberrechtsgesetz, UrhG));
• removing, circumventing or altering protection mechanisms, technical restrictions or identification features of the App;
• passing on login credentials, activation keys or license keys to third parties.

§ 5 Obligations of the User, Prohibited Uses

(1) The User is obliged to use the App only in accordance with these Terms of Service, the Privacy Policy, the Community Guidelines (§ 7) and applicable law.

(2) The following in particular is prohibited:

• the transmission, storage, publication or sharing of content that violates applicable law, in particular content that is criminal, harmful to minors, glorifies violence, or is pornographic, racist, insulting, discriminatory, defamatory or capable of inciting hatred;
• the infringement of copyrights, trademarks, personality rights, data protection rights or other rights of third parties;
• the sending of unsolicited advertising, spam, chain letters or pyramid schemes;
• the harassment, threatening, defamation or stalking of other Users;
• the soliciting or unauthorized collection of personal data of other Users, in particular for the purpose of contacting them outside the App without consent;
• any act capable of impairing or disproportionately burdening the functionality of the App, the servers or the networks of the Provider, including the use of malware and the use of bots, scripts or automated retrieval methods contrary to the intended use ("scraping"); the use of assistive technologies for accessibility purposes remains unaffected;
• attempts to gain unauthorized access to data of other Users or to areas of the App not released to the User;
• the circumvention of technical or legal restrictions, including geo-blocking, account suspensions or the age verification pursuant to § 3;
• the creation of fake identities, identity theft or impersonating another person, company or organization without corresponding authorization.

(3) The User is obliged to inform the Provider without undue delay of security vulnerabilities, abusive content or other violations that come to his or her attention.

(4) In the event of violations of these obligations, the Provider is entitled to take measures pursuant to § 8.

§ 6 User-Generated Content and Grant of Rights

(1) Content that the User posts in the App – in particular texts, images, videos, audio recordings, documents, profile information, gallery posts, chat messages, surveys, to-do lists, Moodboard posts, ratings and comments (hereinafter "User Content") – remains the property of the User. The User is solely responsible for the content posted by him or her.

(2) The User grants the Provider a simple right of use in his or her User Content, free of charge and limited in territorial and substantive scope to the operation of the App, to the extent necessary to provide the App in accordance with the contract. This right of use includes in particular

• the storing and hosting of the content on the servers of the Provider and its processors,
• the transmission and display of the content to the recipients selected by the User or to the recipient groups intended for the respective feature (e.g. event guests, gallery visibility),
• the technically necessary adaptation, compression, transcoding, scaling and creation of preview versions,
• the creation of backup copies for the purpose of protection against data loss.

(3) The right of use ends automatically upon deletion of the respective User Content or, at the latest, upon termination of the contractual relationship, unless mandatory statutory retention obligations or the legitimate interests of third parties (e.g. the visibility of a chat post for the other chat participants) prevent this. Any use of the User Content by the Provider going beyond this, in particular commercial or advertising use, does not take place without the express, separately obtained consent of the User.

(4) The User warrants that he or she holds all rights in the content uploaded by him or her or has the necessary rights of use and exploitation. Where persons are depicted in images or videos, the User must obtain their consent pursuant to §§ 22 et seq. of the German Art Copyright Act (Kunsturhebergesetz, KUG) and/or Regulation (EU) 2016/679 ("GDPR"). The App reminds the User of this obligation before every upload.

(5) The User shall indemnify the Provider against justified claims of third parties asserted against the Provider on account of an infringement of their rights by content uploaded by the User. The indemnification obligation does not apply to the extent that the User is not responsible for the infringement. The assertion of further claims for damages by the Provider remains unaffected.

(6) Chat content is transmitted by the Provider in transport-encrypted form and stored encrypted at rest (see § 2 (5)). In the exceptional cases described there and in the Privacy Policy, the Provider has the technical ability to access chat content. Within the scope of the respective conversation, the above license provisions apply mutatis mutandis.

§ 7 Rules of Conduct (Community Guidelines)

(1) Avygo is a platform for private events. Respectful interaction with one another is a fundamental condition of use. The User undertakes to treat other Users politely and without discrimination and to respect the personal sphere of others.

(2) The following in particular are prohibited:

• a) harassment, bullying, deliberate public shaming or cyberbullying;
• b) hateful or discriminatory statements, in particular on grounds of origin, nationality, religion, gender, sexual orientation, identity, disability or age;
• c) content that trivializes, promotes or provides instructions for self-harm, suicide, eating disorders or other self-endangering behavior;
• d) sexual harassment and the sharing of intimate content without the consent of the person depicted;
• e) any content that sexualizes or endangers minors, in particular depictions of child sexual abuse (§§ 184b, 184c of the German Criminal Code (StGB)) – such content is absolutely prohibited and will be reported without delay to the competent law enforcement authorities;
• f) the publication of personal data of third parties without their consent ("doxxing");
• g) recruiting for extremist, terrorist or criminal organizations.

(3) The Provider reserves the right to publish supplementary Community Guidelines. Material changes will be announced in the App; merely clarifying specifications may be communicated via in-app notifications.

§ 8 Moderation, Suspension, Complaints, Notice-and-Takedown

(1) The Provider does not actively monitor the content of the App and is under no general obligation to do so. However, it is entitled and obliged to take action against unlawful content or content violating these Terms of Service as soon as it becomes aware of it (§§ 7 et seq. of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG), Articles 6 and 16 et seq. of Regulation (EU) 2022/2065 – "Digital Services Act", DSA).

(2) Users and third parties may report unlawful content or content violating the rules via the following channels:

• the reporting functions integrated in the App ("Report content", "Report message", "Report user");
• the Provider's central point of contact: support@avygo.app.

(3) The Provider reviews incoming reports carefully and within a reasonable period. The usual initial response takes place within seven (7) business days; urgent cases (in particular criminal content or imminent danger) receive priority handling. The reporting User is informed of the outcome of the review, unless overriding third-party interests or statutory provisions prevent this.

(4) If the Provider identifies a violation, it may, at its due discretion and observing the principle of proportionality, take the following measures:

• notice and warning;
• removal or blocking of individual content;
• muting ("Mute") or exclusion ("Kick"/"Ban") from an individual event or an individual chat;
• temporary suspension of the user account;
• permanent suspension and deletion of the user account;
• reporting to the competent law enforcement authorities in the cases provided for by law.

(5) The affected User will be informed of the measure taken and the reasons for it, unless investigative considerations or statutory provisions prevent this. The User may object to the measure within six (6) months of receipt of the information by using the complaint function provided in the App or by submitting a statement by email to support@avygo.app. The Provider handles complaints in a timely, diligent, non-discriminatory and impartial manner and communicates a reasoned decision to the User. This period and the complaint process correspond to Article 20 DSA.

(6) In the case of particularly serious violations, in particular criminal content pursuant to § 7 (2) (e), the Provider is entitled to immediate and permanent suspension without prior warning.

(7) The User's rights under § 14 (Termination) remain unaffected.

§ 9 Availability, Maintenance, Updates

(1) The Provider endeavors to achieve the highest possible availability of the App but does not owe uninterrupted availability. Maintenance work, software updates, outages at third-party providers or internet service providers, security measures or events of force majeure may lead to temporary restrictions of availability.

(2) Planned maintenance windows will, where possible, be carried out during periods of low usage and announced to the User in a reasonable manner.

(3) The Provider will provide the User with updates to the App that are necessary to maintain conformity with the contract (§ 327f BGB). The obligation to provide updates exists for the period that the User can reasonably expect in view of the type and purpose of the App and taking into account the circumstances and the nature of the contract. For designs, the Provider provides these updates for as long as it operates the App; for the Event Upgrade and additional storage, for as long as the event exists in the App.

(4) The User should install the updates provided within a reasonable period. If the User fails to do so, the Provider is not liable for a defect attributable solely to the absence of the update, provided that the Provider has informed the User of the availability of the update and the consequences of failing to install it, and the failure to install it or its incorrect installation is not due to defective installation instructions provided by the Provider (§ 327f (2) BGB).

§ 10 Remuneration, Paid Premium Offers, Billing

(1) Basic use of the App is free of charge for the User. Additional services may be purchased as in-app purchases ("Premium Offers"). The purchase is made via the Apple App Store or Google Play (each a "Store"); their operators are referred to in these Terms of Service as "Platform Providers". Which Premium Offers are available and which prices apply is set out in the product presentation in the App and in the respective Store. The price displayed to the User in the Store's purchase dialog immediately before the purchase is completed is decisive. It is the total price including statutory VAT. In countries in which taxes are levied under local law in addition to the displayed price, the Store shows them separately before the purchase is completed. No further costs are incurred.

(2) The Provider offers the following Premium Offers (as at the version date of these Terms of Service):

• Designs. A design is a visual styling for events, in particular colors, fonts, patterns, backgrounds and motion effects. By purchasing a design, the User acquires the non-exclusive right, unlimited in time, to use this design for all events of which he or she is the host. The purchase covers all color variants identified in the App as part of the same design. The "Classic" design is available to all Users free of charge.
• Event Upgrade. The Event Upgrade extends a single event selected at the time of purchase. Instead of 50, up to 500 persons including the host can participate in the event; once the maximum number has been reached, further persons are not turned away but placed on a waiting list. The storage space for the event's media is 10 GB instead of 1 GB, and a video banner can be used for the event. The Event Upgrade applies exclusively to the selected event for as long as that event exists in the App, and can be purchased again for each further event. 180 days after the event date, an event switches to memories mode; it can then no longer be changed, and only a selection of its photos and videos is kept permanently. Details on this are set out in the Privacy Policy.
• Additional Storage. For an event with an Event Upgrade, a further 10 GB of storage space for media can be purchased, also more than once. The additional storage applies exclusively to the selected event and for the same duration as the Event Upgrade.

If a paid Event Upgrade or paid additional storage cannot be assigned to an event, the purchase is retained as credit on the user account. The credit does not expire through the passage of time and can be redeemed for an event of the User. If an event is cancelled or deleted before it begins, an Event Upgrade purchased for it, including additional storage, likewise becomes credit. If the event is restored while this credit has not been redeemed, the Event Upgrade applies to it again; if the credit has already been redeemed, the event is restored without the Event Upgrade. From the beginning of the event, the Event Upgrade is used up. The beginning is determined by the date and start time entered in the App; without a start time, the beginning of the day applies, and without a fixed date the event has not begun.

(3) Premium Offers are tied to the Avygo user account through which they were purchased. They are available to the User on all devices and under both operating systems (iOS, Android) on which he or she is signed in with this user account. They are not transferable to other persons and, except after an account deletion (§ 14 (5)), not to other user accounts; the Stores' family sharing does not apply. Using the "Restore purchases" function in the settings of the App, the User can reconcile his or her purchases with his or her user account again at any time.

(4) Premium Offers require an Avygo user account, a version of the App supported by the Provider and an internet connection. The App runs on the versions of iOS and Android that the respective Store specifies as a requirement. Premium Offers can only be used within Avygo; export or use in other applications is not provided for. The Provider checks on its servers, on the basis of the user account, whether an entitlement exists.

(5) Unlimited in time within the meaning of paragraph 2 means that the right to use a design does not end after a specific term and does not trigger any further payments. The User may use a purchased design for as long as he or she has a user account and the Provider operates the App. If the Provider removes a design from its range, it remains usable for Users who have already purchased it.

(6) Designs, the Event Upgrade and additional storage are one-time purchases. They do not renew automatically and do not trigger any recurring payments.

(7) The seller of a Premium Offer is the Platform Provider: for purchases via the Apple App Store, Apple Distribution International Ltd. (Ireland); for purchases via Google Play, Google Commerce Limited (Ireland). It concludes the purchase contract in its own name under its terms, accepts payment via the payment method stored there and issues the receipt. The Provider makes the purchased Premium Offer available in the App and keeps it usable in accordance with these Terms of Service. For the technical management of purchases, the Provider uses RevenueCat, Inc. (USA); no billing takes place via RevenueCat. Details are set out in the Privacy Policy.

(8) The User places his or her order by confirming the purchase in the Store's purchase dialog. The purchase contract with the Platform Provider is concluded as soon as the Store has confirmed the purchase. Until then, the User can cancel the purchase by closing the purchase dialog. For each purchase, the Provider stores the product, the time and the Store's transaction identifier; the current version of these Terms of Service is available in the App and at https://avygo.app/agb. Users who are not yet of legal age require the consent of their legal representatives to purchase Premium Offers, unless they pay the purchase price with funds that have been given to them for this purpose or for their free disposal (§§ 107, 110 BGB). If the required consent is lacking and the purchase is not approved, it is reversed via the Platform Provider; the entitlement ends.

(9) The Provider makes a purchased Premium Offer available immediately after completion of the purchase by assigning it to the user account or to the selected event. If the purchase requires approval by third parties (e.g. a purchase request in a family group) or if payment has not yet been confirmed, it is made available as soon as the Store has confirmed the purchase.

(10) Invoices and receipts are issued by the respective Platform Provider; it resolves questions regarding receipts, duplicate charges or payment issues. The Provider will assist upon request to support@avygo.app.

(11) Refunds are decided by the respective Platform Provider in accordance with its terms: for purchases via the Apple App Store, by Apple (request at reportaproblem.apple.com); for purchases via Google Play, by Google (request in the Google Play account). The Provider can also refund purchases made via Google Play; for this, the User can contact support@avygo.app. Rights under the purchase contract, in particular the right of withdrawal (§ 11) and the statutory rights in respect of defects, exist vis-à-vis the Platform Provider; § 13 remains unaffected.

(12) If the purchase price is repaid in full – through withdrawal, through a refund by the Platform Provider or because the payment is reversed – the entitlement acquired with it ends. A refunded design can no longer be selected for events. In the case of a refunded Event Upgrade or refunded additional storage, the limits of free use apply to the event again; persons already participating remain participants. A reduction of the purchase price on account of a defect does not affect the entitlement.

(13) For future purchases, the Provider may introduce further Premium Offers, withdraw Premium Offers from sale and change prices. This does not constitute an amendment to these Terms of Service. Purchases already concluded remain unaffected.

(14) The Provider does not redesign the appearance of a purchased design after the purchase. Otherwise, it changes purchased Premium Offers beyond the extent necessary to maintain conformity with the contract only for a valid reason: to adapt them to new operating system versions or requirements of the Stores, to increase security, to prevent abuse or to implement legal or official requirements. The User incurs no additional costs as a result; the Provider informs the User clearly and comprehensibly about the change. If a change impairs access to a Premium Offer or its usability more than insignificantly, the Provider informs the User in advance by email; the User's rights under § 327r BGB remain unaffected.

§ 11 Right of Withdrawal for Consumers

(1) The statutory right of withdrawal when purchasing a Premium Offer exists vis-à-vis the Platform Provider as seller (§ 10 (7)). The Platform Provider provides information about it in the purchase dialog and accepts the withdrawal in accordance with its terms: for purchases via the Apple App Store, via the purchase history of the Apple Account; for purchases via Google Play, via the withdrawal function provided by Google.

(2) If a purchase is withdrawn, the entitlement acquired with it ends (§ 10 (12)).

§ 12 Liability

(1) The Provider is liable to the User without limitation in accordance with the statutory provisions

• a) for damage arising from injury to life, body or health resulting from a culpable breach of duty by the Provider, a legal representative or a vicarious agent,
• b) for other damage resulting from an intentional or grossly negligent breach of duty by the Provider, a legal representative or a vicarious agent,
• c) in the event of fraudulent concealment of a defect,
• d) within the scope of a guarantee assumed by the Provider, and
• e) under the provisions of the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG).

(2) In the event of a slightly negligent breach of material contractual obligations (so-called cardinal obligations), the Provider's liability is limited in amount to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.

(3) In all other respects, the Provider's liability for damage caused by slight negligence is excluded.

(4) The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the Provider where claims are asserted directly against them.

(5) Liability for indirect damage, lost profits or loss of data is governed by the preceding paragraphs. If, despite reasonable notices within the App that could reasonably be expected of him or her, the User has not taken precautionary measures (in particular his or her own backup copies of important media), this may be taken into account as contributory negligence pursuant to § 254 BGB. This does not constitute an exemption of the Provider from liability.

(6) The Provider is not liable for content posted by Users on their own responsibility (User Content), nor for content that it removes or blocks upon notice (§§ 7 et seq. DDG, Article 6 DSA). This liability privilege does not affect the Provider's obligations to remove unlawful content.

(7) The Provider is not liable for damage caused by force majeure – such as natural events, official orders, strikes or failures of the general power and telecommunications supply – to the extent that it is not responsible for such damage. Paragraph 1 remains unaffected.

§ 13 Warranty

(1) For Premium Offers, consumers are entitled to the statutory rights in respect of defects in digital products (§§ 327 et seq. BGB) vis-à-vis the Platform Provider as seller. Irrespective of this, the Provider remedies defects in the Premium Offers that are reported to it at support@avygo.app.

(2) For the free-of-charge part of the App, the Provider warrants functionality in accordance with the general statutory provisions, taking into account the free-of-charge nature of this service. In the free-of-charge part, the Provider is liable only for intent and gross negligence; § 12 (1) (a), (c), (d) and (e) remains unaffected.

(3) The User is asked to report any defects known to him or her without undue delay via the support address support@avygo.app in order to enable defects to be remedied promptly. Consumers are under no obligation to give notice of defects; rights in respect of defects are not excluded by a failure to report them.

§ 14 Term, Termination, Deletion for Inactivity, Cleanup of Incomplete Registrations

(1) The contract for the use of the App is concluded for an indefinite period. It may be terminated by either party at any time, without stating reasons, in text form with four (4) weeks' notice to the end of a month. Vis-à-vis Users who have purchased Premium Offers, the Provider terminates the contract by way of ordinary termination only if it discontinues the App as a whole, and with a notice period of six (6) months. From the time of this termination, the Provider no longer sells Premium Offers; those already purchased remain usable until the discontinuation. The discontinuation does not give rise to any entitlement to a refund of the purchase price; the User's statutory claims remain unaffected. The right to extraordinary termination pursuant to paragraph 2 remains unaffected. The User may delete his or her account at any time directly from within the App; deletion of the account terminates the contractual relationship immediately.

(2) The right of both parties to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular in the event of repeated or serious violations by the User of § 5 or § 7 of these Terms of Service.

(3) In the event of a suspension pursuant to § 8, the contractual relationship is deemed suspended until the final deletion of the account.

(4) For registrations that are not completed, the following cleanup rules apply:

• email addresses without confirmation of the Magic Link are automatically deleted after 24 hours;
• accounts without completed onboarding (in particular without an age statement and without active consent to the Terms of Service and the Privacy Policy) are automatically deleted after 14 days;
• the hashed identifier for the anti-circumvention of age verification pursuant to § 3 (5) is automatically deleted no later than 90 days after its collection.

(5) Premium Offers are tied to the user account (§ 10 (3)). If the user account is deleted, the purchased entitlements and unredeemed credit end. The User can subsequently assign purchased designs to a new user account by using the "Restore purchases" function there with the account at the Platform Provider through which he or she purchased them; this does not apply to Event Upgrades, additional storage and credit. Account deletion alone does not give rise to any entitlement to a refund of the purchase price. The same applies if the Provider terminates the contract for good cause for which the User is responsible (paragraph 2). The User's statutory claims, in particular those arising from a withdrawal already declared (§ 11), on account of defects (§ 13) and for damages (§ 12), remain unaffected.

(6) If an account is not actively used for twenty-four (24) months (no login, no interaction), the Provider may inform the User by email to the stored address of the impending deletion. If the User does not respond within thirty (30) days of this notification, the Provider is entitled to delete the account and the associated content, unless statutory retention obligations or legitimate interests of third parties prevent this. Accounts with purchased Premium Offers that have not been refunded are not deleted by the Provider on grounds of inactivity.

(7) Deletion of the account results in the irrevocable removal of the User-linked content in accordance with the retention periods specified in the Privacy Policy. Content that other Users have already received in shared contexts (e.g. chat messages on their devices, posts in shared galleries) remains technically unaffected there; the username is anonymized or replaced by a placeholder in such contexts.

§ 15 Data Protection

(1) The Provider processes the User's personal data in accordance with the Privacy Policy. The Privacy Policy is available at any time within the App and at https://avygo.app/datenschutz.

(2) The Provider documents, for each user account, the version of the Terms of Service accepted by the User and of the Privacy Policy taken note of (versioning identifiers).

§ 16 Apple App Store, Google Play – Special Provisions

(1) If the App is obtained via the Apple App Store, the following additional provisions apply, which exclusively concern the relationship between the User, the Provider and Apple Inc. ("Apple"):

• These Terms of Service are concluded exclusively between the User and the Provider, not with Apple. Apple is not responsible for the App and its content.
• The license to use the App is non-transferable and limited to Apple devices that the User owns or controls, within the scope of the "Usage Rules" of the Apple Media Services Terms and Conditions; other accounts associated with the purchaser may also access the App via Family Sharing or volume purchasing.
• The Provider alone is responsible for maintenance and support of the App. Apple is not obliged to provide any maintenance or support services for the App.
• The Provider alone is responsible for the warranty. If the App does not conform to an applicable warranty, the User may notify Apple; Apple will then refund the purchase price, if any, paid for the App. To the extent permitted by law, Apple has no further warranty obligations with respect to the App; all other claims, losses, damages, costs or expenses on account of a breach of a warranty are borne solely by the Provider. The User's rights vis-à-vis the Platform Provider as seller of Premium Offers (§ 10 (7) and (11), § 13 (1)) remain unaffected.
• When using the App, the User must comply with the third-party contractual terms applicable to him or her, for example those of his or her mobile network or internet service provider.
• The Provider, not Apple, is responsible for claims arising from product liability, non-compliance with legal requirements, and consumer protection and data protection claims.
• In the event of a third-party claim for infringement of intellectual property rights, the Provider, not Apple, is responsible for the investigation, defense, settlement and discharge.
• The User represents that he or she is not located in a country that is subject to a US embargo or that has been designated by the US government as a "terrorist supporting" country, and that he or she is not listed on any US list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms of Service with regard to the use of the App on Apple devices and may enforce these terms against the User.

(2) If the App is obtained via Google Play, the following additional provisions apply, which exclusively concern the relationship between the User, the Provider and Google (Google Ireland Limited and Google Commerce Limited, hereinafter jointly "Google"):

• These Terms of Service are concluded exclusively between the User and the Provider, not with Google.
• Use of the App must be in accordance with the Google Play Terms of Service applicable from time to time.
• Google is not responsible for the App or its content; all responsibility lies with the Provider. The User's rights vis-à-vis the Platform Provider as seller of Premium Offers (§ 10 (7) and (11), § 13 (1)) remain unaffected.
• Google is a third-party beneficiary of these Terms of Service to the extent they relate to the App obtained via Google Play.

§ 17 Amendments to these Terms of Service

(1) The Provider may amend these Terms of Service where this is necessary to adapt them to changed legal requirements, to decisions of the highest courts or to changed factual circumstances (e.g. new features, discontinuation of features, changes to the third-party providers used). Amendments that shift the relationship between performance and consideration to the detriment of the User cannot be made in this way.

(2) The Provider informs the User in the App of intended amendments before they take effect; the notification states the amendments and the reasons for them. Amendments only take effect once the User has expressly consented to them in the App. If the User does not consent, the contract continues on the previous terms; § 14 (1) remains unaffected.

(3) Changes to the Privacy Policy are not amendments to these Terms of Service; the Provider informs the User of them in accordance with clause 15 (4) of the Privacy Policy. The versions of the Terms of Service and the Privacy Policy are technically documented per User.

§ 18 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident abroad, the mandatory consumer protection provisions of the state of residence remain unaffected (Article 6 (2) of the Rome I Regulation).

(2) If the User is a consumer and resides in Germany, the statutory places of jurisdiction apply. If the User has no general place of jurisdiction in Germany or another EU Member State, or if the User has moved his or her domicile or habitual residence abroad after conclusion of the contract, or if his or her domicile or habitual residence is unknown at the time an action is filed, the place of jurisdiction is the registered office of the Provider.

(3) Notice pursuant to § 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG): The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should any provision of these Terms of Service be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory provision. The same applies to any gaps.

(5) The contract language is German.

(6) There are no oral side agreements at the time the contract is concluded. Individual agreements take precedence over these Terms of Service.

(7) The User is not entitled to transfer rights or obligations under this contract to third parties without the prior written consent of the Provider. The Provider is entitled to transfer its rights and obligations under this contract to a legal successor in the context of a transfer of its business operations or a restructuring, unless overriding interests of the User prevent this; the User will be informed of such a transfer and may in that case object to the contract within four weeks.

§ 19 Version Status and Versioning

These Terms of Service have the following version status:

Last updated: 24.10.2026

Version: 2.2

Material changes compared to Version 2.1: § 10 newly describes the Premium Offers (designs as a one-time purchase, Event Upgrade, additional storage, credit), their binding to the user account, their technical requirements, the conclusion of the contract as well as provision, refund and loss of the entitlement; the provisions on subscriptions are dropped. § 10 (7) and § 11 clarify that the Platform Provider is the seller and that withdrawal, refund and rights in respect of defects arising from the purchase exist vis-à-vis the Platform Provider; § 13 (1) undertakes that the Provider remedies reported defects. § 14 (5) governs the consequences of an account deletion for purchased Premium Offers, including the restoration of designs on a new user account. § 14 (1) limits ordinary termination by the Provider vis-à-vis Users with purchased Premium Offers to the discontinuation of the App with six months' notice; sales end upon termination. § 10 (2) turns an Event Upgrade into credit if the event is cancelled or deleted before it begins. § 14 (6) exempts accounts with purchased Premium Offers from deletion for inactivity. In addition, § 2 (1), § 3 (8), § 9 (3) and (4), § 12 (5) and (7), § 13 (3), § 15 (2), § 16, § 17 (1) and § 18 (6) have been revised; the lists in § 7 (2) and § 12 (1) now bear letters. § 17 makes future amendments subject to express consent; without it, the contract continues on the previous terms. Changes to the Privacy Policy follow clause 15 (4) of the Privacy Policy. In § 18, the notice regarding the online dispute resolution platform of the European Commission, which was discontinued as of 20.07.2025, is dropped. As the changes concern the remuneration and principal services, they take effect pursuant to § 17 (5) of Version 2.1 only upon the User's express consent.

The current version is available at any time in the App and at https://avygo.app/agb; the Provider makes previous versions available upon request to support@avygo.app. The version of the Terms of Service accepted by the User is documented individually for each User in the account settings.