Terms of Service - The most important
Please read our terms and conditions completely. They always apply when you use our App ( “Boardapp”).
Here is a brief overview of some important points:
- You must be at least 16 years old to use “Boardapp”.
- We do not tolerate posts that contain strong language and a language that might be offensive. Posts that could bother, disturb, expose, or annoy other people. Posts that are obscene or pornographic or that violate human dignity. Posts that are precipitous, abusive or threatening and endorse and favor racism, sexism, hatred or fanaticism.
- We assume no responsibility for any content you post on “Boardapp” or for any statements you make on it. If we get to know that you are distributing inappropriate content, then we reserve the right to remove it and suspend your account (see “Rules of Conduct“).
- If you publish content that belongs to others, then we do not take any responsibility. You are responsible for everything you publish on our app.
- We assume no responsibility for the consequences of your published contributions on our app.
“Boardapp” is a messenger for classes. “Boardapp” is keen that the platform is and remains a safe place. Of course, that is also in your interest. By using our App, you agree to be in agreement with the terms and conditions of “Boardapp”.
These Terms of Service constitute a legally binding agreement between you as a user (“you”) and “Boardapp” (“Boardapp”, “we” or “us”)(including all related websites and apps from “Boardapp”). These Terms of Service apply whenever you visit “Boardapp“, whether you register with us or not.
Please read it carefully. By opening “Boardapp”, registering or using the services offered, you agree to the terms of service.
IF YOU DO NOT ACCEPT OR DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SITE OR APP.
1. Use of the app and rules regarding the content
Who can use “Boardapp”
“Boardapp” is a virtual platform for students. You can use “Boardapp” and only use the features of the platform and become a registered member if you are at least 16 years old.
You acknowledge that you have the legal, authority and competence to accept these Terms and that using “Boardapp” does not violate applicable laws or regulations of the country in which you reside.
You are solely responsible for compliance with all applicable laws and regulations. In addition, you warrant that you have not been convicted in the past or that you are associated with any form of a court order related to assault, violence, sexual misconduct or harassment.
2. What type of content can I post or upload to Boardapp?
You can post content of various kinds on “Boardapp”. But there are some rules. You may not post, send or upload any content on “Boardapp” that is or includes:
- any illegal or unlawful content
- content that is defamatory, insulting, slanderous, morally offensive, obscene, pornographic, is of a discriminatory nature, constitutes a criminal offence and/or is glorifying / promoting the use of violence, and/or terrorism, and/or racism
- content containing hate-speech or content that harasses other users of the Services
- content that contains personal data of another person or otherwise makes another person identifiable (this also includes the posting of pictures of another person), unless such other person has explicitly consented to such disclosure, or there is a statutory provision that allows such disclosure in the individual case also without a respective explicit consent of such other person
- advertisements for commercial products and services that are not approved by us and / or perform, advertise and promote any form of structural distribution measures (such as multi-level marketing or multi-level network marketing)
- content containing spoiler information with regard to the latest TV series, movies, podcasts, audio books, books or similar
- content that violates third party intellectual property rights (such as e.g. copyrights, trademarks);
- content that discloses business secrets of third parties (at least if the respective disclosure of such information is not in compliance with the applicable laws)
- content in which you approach other users in an offensive and/or sexually-oriented way;
- fake news
- chain letters
With regard to the Services the User undertakes to not:
- post, implement in the Services or otherwise attack the Services and/or other App users with data containing viruses, worms, Trojans or other malware, and/or spam messages
- perform any actions which may impair the operability and/or security of “Boardapp’s” technical infrastructure regarding the Services (in particular actions which may overload said infrastructure) and/or impair the appearance of the Services
- create, build and/or, operate without “Boardapp’s” explicit written consent third party websites (e.g. (social media) fan pages), apps and platforms that entirely or for the most part consist of compilations of content posted in the App and/or on the Websites by other users (the content posted in the App and/or on the Websites by other users also the “Third Party Content”; such third party websites, apps and platforms also the “Third Party Platforms”; in case you are interested in operating a Third Party Platform (such as a “Boardapp” fan page or a similar platform) please contact us for approval before you go live with such a Third Party Platform as the operation of such a Third Party Platform might result in you being subject to (in particular) cease-and-desist claims and/or damage claims of third party users of the Services and/or “Boardapp” due to a violation of e.g. the applicable Copyright Law and/or Unfair Competition Law)
- help facilitate third parties to operate, build and/or create Third Party Platforms without “Boardapp’s” explicit written consent (by inter alia providing Third Party Content to the operators of respective Third Party Platforms)
- modify, alter, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App or create derivative works based on the App (except to the extent the applicable mandatory law allows such actions)
- interrupt the peace of other App users or try harming other App users
- molest, intimidate, stalk or threaten other App users in any way
- use automated systems and/or software to extract data from the Services (including Third Party Content and Services Contents), in particular if such data shall be used for commercial purposes and/or be published on Third Party Platforms
- help facilitate third parties to extract data from the Services (including Third Party Content and Services Contents), in particular if such data shall be used for commercial purposes and/or be published on Third Party Platforms
- get access to other users’ App accounts without the respective App users’ permission
- sell, rent, lease, and/or offer products/goods and/or services in any way in the App and/or on the Websites
Please use your common sense when publishing, uploading or sending content on “Boardapp”. You are solely responsible for your content and assume full liability. If you violate our policies, we may block your account and further access to “Boardapp”. If we believe you are in violation of our policies or if it is required by applicable law, we may remove your content uploaded to Board.
What policies apply to personal information such as my email address?
You may not post personal contact or bank details (for example, names, addresses or postal codes, phone numbers, email addresses, URLs, credit / debit card details, bank details, or work location). This applies to your own data as well as to the data of others. If you choose to publish personal information about yourself or others, whether by email or otherwise, you do so at your own risk. We recommend that you act with the same degree of caution when disclosing personal information as you might otherwise do. You must always follow our guidelines.
May I use the personal data of other users?
You may use the personal information of other “Boardapp” users to the extent that this is consistent with the purpose of “Boardapp”. You may not use other users’ information for commercial purposes, sending spam, harassment or unlawful acts. “Boardapp” reserves the right to close your account or exclude yourself from using the features if you misuse the information of other users. Furthermore, you may use the personal data of other “Boardapp” users only with their express consent. Only you are entitled to access your “Boardapp” account. You may not share your access with others, or gain access to your account, as this will endanger the security of your content and personal information on “Boardapp”. It is your responsibility to keep your access secure and secret. If you do not meet this responsibility, “Boardapp” will not be responsible for any unauthorized access to your account. If you believe that someone has gained access to your account, you must inform us immediately (email@example.com). “Boardapp” reserves the right to close your account if you fail to comply with our policies regarding the safekeeping of your access.
Who can see the content I upload on “Boardapp”?
Content uploaded to “Boardapp” is freely accessible to all “Boardapp” users. If nobody’s supposed to see your content, then you should not upload them to “Boardapp”. We reserve the right (without obligation), in our sole discretion and without notifying you, to remove or edit any Content that you have uploaded or made available, and to limit or block access without us Liability to you arises. We are not obligated to publish content that you provide to “Boardapp”. Likewise, we are under no obligation to verify the accuracy or veracity of the content provided to the “Boardapp”, or to control how you or other users use “Boardapp”.
What do I have to consider when using “Boardapp”?
We assume no liability whatsoever for the consequences and possible damages resulting from the use of “Boardapp”. This applies to personal, financial, physical, mental or other damage to your person. All “Boardapp” users are responsible for their own behavior and are personally liable for it. This applies in particular if a “Boardapp” user uses our platform abusive or defective.
What else should I know?
With the use of “Boardapp” you agree to the terms and conditions. In return, we grant you a limited, personal, non-exclusive and non-transferable license to upload content to “Boardapp” and use the platform. Except for this license, you have no rights to use the app or its content and features. Contents of the App may not be edited, copied, reproduced, used to create derivative works, reconstructed, modified or extended in any way. Failure to comply with these policies automatically overrides the above license, and any downloaded or printed content must be destroyed.
3. Property Rights to Content
If I upload content on “Boardapp”, does it still belong to me?
Yes (if this content is actually your property, please read our content uploading guidelines that are not yours). By uploading or publishing content on board, you are securing and declaring to us:
- that you are either the exclusive author or owner of this content. You agree that you waive any moral rights to such content (including, but not limited to, the right to be identified as an author)
- that you have a license that allows you to post the content, or
- that you have permission or permission to use, post, or upload this content.
By uploading or posting content on “Boardapp”, you are authorizing us and declaring that you have the right to do so. You also grant us a non-exclusive, royalty-free, perpetual, worldwide license to use this content in any manner whatsoever (including, but not limited to, editing, copying, adapting, adapting, translating, reformatting, creating derivative works, applying in other works for advertising or distribution purposes, or publishing this content, in whole or in part, in any format or medium that currently exists or will be developed in the future).
We may assign this license or a sublicense to our partners or successors without your further consent. We have the right to disclose your identity to third parties who claim that content posted or uploaded on our website or app violates their intellectual property rights, their privacy rights, or other laws.
Who owns the rest of the content on “Boardapp”?
Us! All texts, graphics, UI, trademarks, logos, sounds and design elements on “Boardapp” belong to us and are controlled or licensed by us. They are protected by copyright, trademarks, and intellectual property rights.
Can I use content that does not belong to me?
Except for your rights to content uploaded by yourself to “Boardapp”, you have no rights whatsoever to “Boardapp” content. You agree that you will not use content in any way that violates our or third party rights. This means that you agree not to copy, edit, adapt, publish, distribute, or resell any part or content of the “Boardapp” page (other than your own content).
4. Access to the app
Can you guarantee that “Boardapp” is always available?
Unfortunately, we can not because we have to perform maintenance from time to time and it may cause technical disruptions that are beyond our control. Therefore, we offer “Boardapp” without warranty and do not guarantee the quality, accuracy, functionality, availability or performance of the site. Furthermore, we reserve the right to suspend, withdraw, adapt or change the services offered on “Boardapp” without prior notice without incurring obligations to you.
What about mobile access?
It is up to you to ensure that you can access “Boardapp” (this includes, but is not limited to, the cost of (mobile) Internet access and other costs associated therewith). We assume no responsibility for any limited functionality that may result from calling “Boardapp” via cellular services or similar and future services. By calling “Boardapp” and agreeing to receive messages and notifications from “Boardapp” via a mobile phone or another device, you accept that this may incur costs from your internet or mobile service provider. We under no circumstances assume liability for such costs.
Termination by us: My profile has disappeared. What happened?
It happens again and again that someone forgets the “Boardapp” terms of service and uploads unauthorized content or behaves in a way that does not fit the purpose of the app. If we have reason to believe that this is the case with you, we have the right, at any time, without having to inform you in advance and without reimbursing unused services:
- your registration, access and right to upload, suspend or revoke content on “Boardapp”; and
- Use any operational, technological, legal or other means to enforce our Terms of Service (including, without limitation, blocking of IP addresses).
We endeavor (but are under no obligation) to notify you if your access to “Boardapp” and/or your profile is temporarily or permanently suspended. We will note if you violate our Terms and Conditions and may block your access to the “Boardapp” and features so that “Boardapp” remains a positive place for everyone else.
Termination by you: What do I have to do if I want to delete my Boardapp profile?
If you have registered to “Boardapp”, you can cancel your registration at any time by going to Settings and then tapping on “Delete Account.” We delete your complete profile information and all related data. If you want to restore your profile later, your old profile will be gone and none of the old data is going to be available.
6. Abuse and complaints
Someone does not stick to the rules, where can I report that?
If someone behaves inappropriately or abuses “Boardapp”, we can remove the user. You can report abuse and complaints about inappropriate content via the “Report” button in the app or by emailing us at firstname.lastname@example.org. Tell us the reason for your complaint and tell us as many details as possible. We always strive to resolve issues that arise with our service as soon as possible.
Do you have guidelines for using my personal information?
The protection and security of personal data is a very high priority for us. Therefore, we strictly adhere to the rules of the US Data Protection Act. Below it has information about what type of data is collected and for what purpose it is collected:
- Data transmission/data logging
When using “Boardapp”, your current location, date of birth, first name, profile picture, comments, votes, pictures and chat history will be saved on our server. These data are collected solely for the purpose of providing the app functions properly. A transfer to third parties, for commercial or non-commercial purposes, does not take place. Messages remain stored indefinitely at the recipient’s device. There is no guarantee of automatic deletion of data on our server.
- Use of personal data
Your data will not be disclosed to third parties unless disclosure is required by law.
- Information, modification, and deletion of your data
In accordance with applicable law, you can always ask us in writing (Bergstrasse 29, 2553 Safnern, Switzerland) whether and which personal data we have stored about you. You will receive a corresponding message as soon as possible.
- Security of your data
Your personal data made available to us will be secured by taking all technical and organizational security measures so that they are inaccessible to unauthorized third parties. When sending very sensitive data or information, it is recommended to use the post office, as complete data security can not be guaranteed by “Boardapp”.
8. Links & Advertising
Do the links and advertising in the app or on the website have something to do with “Boardapp”?
Please note that we have no control over the content or sources of the third-party site and do not take any responsibility for it. This includes (but is not limited to) compliance with applicable laws and regulations by the third party.
9. Limitation of Liability and Disclaimer
I’ve forgotten the rules of conduct and now someone threatens me with an ad.
Do your lawyers care about it?
No. If your behavior upsets other users, then you are solely responsible for the consequences. We disclaim all responsibility and liability for your behavior and the behavior of other users, as well as any content that you or other users publish on our site.
A friend of mine is a lawyer and says that you can not rule out liability for everything …
To the extent permitted by law, “Boardapp” expressly excludes:
- any circumstances, representations, warranties or other conditions determined by statutes or laws; and
- Liability arising from the use of “Boardapp“, related services or terms and conditions, including without limitation any claims, costs, claims, damages, liabilities or losses of any kind, direct, indirect, incidental, exemplary, punitive, indirect (however incurred, including through negligence), loss of data, loss due to a virus, loss of income or profit, lost working time, breach of contract or claims by third parties or other losses of any kind, even if “Boardapp” has been informed of such losses incurred in connection or by “Boardapp“. This limitation of liability applies to, but is not limited to, the transmission of a program or virus that can attack your equipment or failure of any mechanical or electrical equipment or communication lines, telephone problems, or other connection failures (for example, if you are not connected through your internet service provider), unauthorized access, theft, personal injury (except through proven negligence by us), property damage, strikes or other work problems or any other problem, in connection with “Boardapp” including, without limitation, any liability for loss of income, breach of contract, Business loss, loss of savings, loss of goodwill, loss of data, loss of work, and any other damage, no matter how it arises and whether it is foreseeable, direct or indirect.
- any liability that can not be excluded or limited under applicable law
The entire liabilities of “Boardapp” to you in respect of losses incurred in connection with the Terms, whether contract, tort (including, but not limited to, negligence) in no case exceed the amount of $ 100.
What about the reliability of the “Boardapp” and the information available there?
“Boardapp” has taken reasonable steps to ensure the usability, availability, accuracy, and completeness of the information available from “Boardapp” and provides such information without warranty of any liability. “Boardapp” makes no warranty or representation as to the information available on “Boardapp”, either express or implied. The use of “Boardapp” and the contents contained therein is at your own risk. “Boardapp” can not be held responsible for losses incurred by the transfer or use of data or incorrect content of members. You yourself have a responsibility to organize appropriate protection to ensure that any materials you receive from “Boardapp” are free from viruses or other harmful components.
You agree that “Boardapp” can not be made available without interruption or error, that errors in “Boardapp” may not be corrected, or that the server providing “Boardapp” may be free of viruses, bugs, spyware, Trojans, or others Software is. “Boardapp” is not responsible for any damage to your computer hardware, computer software and other equipment and technologies, including damage caused by security breaches, viruses, bugs, fraud, errors, omissions, interruptions or delays in operation or data transmission, computer connection or Network error or other technical difficulties. In the unlikely event that “Boardapp” fails, we will do everything we can to rectify this error as soon as possible.
I have forgotten the rules of conduct here and now someone is threatening to sue you?
If we are sued for your use of “Boardapp”, then we have the right to defend ourselves and settle any claims as we deem appropriate. If we ask, you will cooperate in our defense as we demand.
You agree to indemnify and hold us and our employees, managers, agents, agents, and licensors harmless against claims, losses, conditions, liabilities or costs of any third party (including reasonable attorney’s fees) arising out of or in connection with your access to and use of “Boardapp“, with uploading content on “Boardapp“, by you or your conduct in accordance with our terms and conditions or applicable laws (“claim”) have arisen. “Boardapp” reserves the right to settle, or compromise claims made against us without your prior consent.
And what about the standard clauses you find at the bottom of most contracts?
These Terms of Service and any disputes arising therefrom or in connection with or arising from the contents of the Terms of Service (including non-contractual disputes and claims) shall be construed and regulated in accordance with US law. In the case of a discrepancy between this translated version of the Terms and the German original text, the German version is valid.
We reserve the right to amend the terms of service at any time («Change»). If we make any changes, they will be posted on this page and we will point out the actual date of entry into the Terms of service below. Under certain circumstances, we may send you an email to let you know about changes. Please check this page regularly to stay up-to-date on changes.
If you do not accept a change to the terms of service, you should stop using “Boardapp” immediately. Your continued use of “Boardapp” following changes to the Terms constitutes your acceptance of the change and you are legally obligated to the updated Terms. If any part of the Terms of service is for any reason declared illegal, invalid or otherwise unenforceable by any jurisdiction, those parts will be severed from the Terms of Service and the remainder of the Terms will survive and remain binding and enforceable.
The Terms of Service set forth the entire agreement and understanding between us and you regarding your use of “Boardapp” and supersedes all prior agreements, representations, and understandings between us (oral or written). Nothing in this clause is intended to limit or exclude liability for fraudulent misrepresentation.
No failure or delay by us to assert a right, power or privilege under the Terms shall be deemed a waiver of the right or acceptance of any deviation from the Terms of Service, and no single or partial exercise of any right, power or a privilege by one of the parties excludes any future exercise of the right or any other right, power or privilege.
Nothing in the Terms of Service conveys the right or indicates a claim by a third party to have the benefit or the right to enforce the terms and conditions of the Terms.
12. About us
Date of entry into force
These terms of service were last updated on January 12, 2020.