Goalship

Imprint

Responsible for the Goalship app and this website:

Lechvalley UG (limited liability)
Gannenbacherstrasse 4
86956 Schongau
Germany
mail: contact@lechvalley.com
Lechvalley.com

App development and maintenance:

alphaX Innovation Services UG
Stresemannstraße 86
22769 Hamburg
Germany
mail: info@alphax-ds.de
alphaX

General Terms and Conditions

General Terms and Conditions
Lechvalley UG (limited liability) - for the app "Goalship

1. General

1.1.
Lechvalley UG (limited liability), represented by the Managing Director Fabian Baumann, Gannenbacherstrasse 4, 86956 Schongau, registered in the Commercial Register under No. HRB 260967 - hereinafter referred to as "Lechvalley" - offers the use of the app Goalship basically free of charge.

1.2.
The app Goalship offered by Lechvalley is an app on which registered users* - hereinafter referred to as "Users" - can create a profile under a user name and publish their personal, professional, cultural, sporting or social goals and share them with selected persons (hereinafter referred to as "Friends").

1.3.
It is up to the users to determine who gets the opportunity to view their goals. This determination is made by entering the respective goal into the App. The target group can be limited to the circle of friends or acquaintances, a club or unlimited publicly visible to all users of the Goalship app.

1.4.
The purposes of sharing individual goals can be diverse and depend on the individual user: The app can serve as motivation for one's own personal goals or for community goals, for example in associations and parties, for organizing common good ideas and community activities, but also as an information medium for interest groups or companies.

1.5.
A variety of features are provided by means of the Goalship app. Includes, but is not limited to, the ability to upload photos, create deadlines for goals, change the status of goals, link to additional social media accounts, and pledge and manage rewards.


2. Scope and basis of the contract

2.1.
The following General Terms and Conditions serve to regulate the contractual relationship between the User and Lechvalley.

2.2.
On the part of Lechvalley, all services in connection with the contractual relationship are provided exclusively on the basis of these General Terms and Conditions.

2.3.
Deviating terms and conditions of the customer shall not become part of the contract unless Lechvalley expressly agrees to them in writing.

2.4.
The app is hosted on servers located on the territory of the Federal Republic of Germany.


3. Registration Process and Community Rules

3.1.
Each user can register as such in the App by means of a cell phone number, create a personal account and has the possibility to import his existing contact list from his smartphone ("cell phone") into the App and invite them there as "friends" of the account, of their set target or of a group.
The read cell phone data is only used for encrypted registration matching and is not stored on the Goalship server or elsewhere.

3.2.
The Users agree to be added as "Friends" in the Goalship app by other Users if they have already been encrypted from their cell phone contacts uploaded to the app or be invited as a "friend" based on an existing username. This friend invitation can be declined or reversed at any time.


3.3.
By registering, users accept these Terms of Use and the Privacy Policy.

3.4.
Users agree to abide by the following community rules:

The published goals, activities, photos and other information of the individuals, the groups or corporations entered into the app may not transport any illegal, racist, misleading, discriminatory, insulting or fraudulent content. They must not contain any calls for criminal acts, glorification of violent crimes, or endangerment or exploitation of children. The accounts and profiles created for individuals, companies or entities must not be inappropriate.

The same applies to the content and manners within the chat function.

When uploading content (photos, videos, quotes, etc.), the personal rights and copyrights of third parties must be respected. Lechvalley does not claim the exploitation rights to the uploaded data.

Promising and redeeming rewards for achieved goals may not take the form of betting or gambling.

Anyone who discovers violations of these community rules in goal setting, rewards, account profile or chat can point them out to the administrators via the reporting function in the app. The administrators can check the incriminated content and delete facts at their own discretion as well as block the account of the offender permanently or for a limited period of time.

3.5.
Resetting public goals to "private" by the administrators

Goals that are entered as "public" but are not of public relevance can be reset to "private" by the administrators. The user concerned will be informed of this by push notification. As the concept of "public relevance" cannot be clearly defined, this assessment is the responsibility of the administrators in charge, to the best of their knowledge and belief. Goals that have been set to "private" can be set to "public" again by the user, after which another administrator involved will assess the public relevance of the goal as a referee. If a user marks a goal that has been reset to "private" more than three times as "public" again, the user's account can be blocked permanently or for a limited period of time.
Any user can send information on the possible non-relevance of public goals to the administration via the "Report" function under "Other reasons".

4. Conclusion of the contract, prerequisites for the conclusion of the contract and termination of the contractual relationship

4.1.
The use of the services offered by Lechvalley requires the conclusion of a contract between Lechvalley and the respective customer.

4.2.
The conclusion of the contract between Lechvalley and the respective customer shall be effected by two declarations of intent directed at each other and corresponding in content - offer and acceptance. The service offers published by Lechvalley on the website and in the respective app stores do not constitute a binding offer, but merely an invitation to submit a declaration of intent on the part of the user (so-called invitatio ad offerendum). A declaration made by the customer - also by telephone - constitutes a binding offer that can be accepted by Lechvalley through a corresponding declaration of intent.

4.3.
The conclusion of the contract always refers to the provision of the possibility to use Goalship free of charge.

4.4.
Any descriptions of services do not have the character of an assurance or guarantee.

4.5.
The contractual relationship can be terminated by either party at any time without notice.


5. Fundamental gratuitousness of the possibility of use and the possibility of in-app purchases by external providers

5.1.
The possibility to use Goalship is offered free of charge.

5.2.
While using the Goalship app, Users may be shown links and advertisements from external providers of goods and services. Lechvalley is not liable for their content or the conclusion and lawful processing of purchases. If Users use third-party products or services, their own terms and conditions and privacy policies apply to the use of those products and services.


6. Modification of the general terms and conditions

6.1.
Lechvalley reserves the right to amend and adjust these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal or technical framework and the amendment is reasonable in good faith, taking into account the mutual interests of the parties.

6.2.
Prior to the amendment of the General Terms and Conditions, the User shall be notified of the new version of the General Terms and Conditions at least four weeks prior to the planned date of entry into force of the amendment.

6.3.
Within this period the customer has the possibility of objection. If an objection is not made within the period, the changes shall be deemed accepted. In case of an objection, Lechvalley reserves the right to block the respective customer's access to the login area and to exclude the customer from further use of the application.


7. Limitation of liability and indemnification obligation of the user

7.1.
Lechvalley's liability in cases of contractual as well as non-contractual liability is limited to intent and gross negligence of its representatives and vicarious agents.
In the event of slightly negligent breaches of essential contractual obligations that are of particular importance for achieving the purpose of the contract and on whose compliance the user could rely, Lechvalley shall be liable for the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

7.2.
Lechvalley shall not be liable for transmission errors, malfunction of technical equipment, incomplete data transmission or viruses, unless they are due to intent or gross negligence. Furthermore, Lechvalley shall not be liable for damages if the User does not meet the technical requirements for accessing and using the application or if the use is made in violation of these General Terms and Conditions or the statutory provisions.

7.3.
The aforementioned limitations of liability as set forth in Sections 6.1. and 6.2. shall not apply in the event of culpable injury to life, limb or health. Lechvalley is not liable for the correctness or realization of agreements made by or between users and friends on this platform. No liability is assumed for the realization of rewards agreed or promised by friends and users among themselves in the context of app use. The chat function is not permanently monitored. Only reported content will be checked to see if it complies with the community rules (point 3.4.).

7.4.
The backup of data is the responsibility of the user.

7.5.
The web offers and the Goalship app may contain links to third-party websites ("external links"). These websites are subject to the liability of the respective operators. Lechvalley has checked the external content for any legal violations prior to the initial linking of the external links, but has no influence on the current and future design and content of the linked pages. The inclusion of external links does not imply that Goalship adopts the content behind the reference or link as its own. Lechvalley does not constantly monitor these external links without concrete evidence of legal violations. In case of knowledge of legal violations, such external links will be deleted immediately.

7.6.
Lechvalley is not liable for the consequences of a failure of the Goalship app or the Goalship website due to technical malfunctions.


8. Jurisdiction, Applicable Law and Contractual Language

8.1.
The place of jurisdiction is, to the extent permissible, Munich.

8.2.
German law shall apply to this contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.3.
Contract language is German.

8.4.
At the time of conclusion of the contract, there are no other verbal subsidiary agreements between Lechvalley and the customer.


9. Confidentiality and copyrights or ancillary copyrights

9.1.
All data provided by the user to Lechvalley will be treated confidentially in accordance with legal requirements.

9.2.
The collection and use of the customer's personal data is carried out in compliance with the provisions of data protection law. Reference is made to the explanations in the privacy policy.

9.3.
The content published in the respective apps or websites is subject to German copyright and ancillary copyright law. This applies both to content uploaded by users in the app (the rights to which are held by the users) and also applies to all content provided by Lechvalley itself.
Any utilization not expressly permitted requires the prior written consent of Lechvalley and/or the respective rights holder. This applies in particular to copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or distribution of individual content or complete pages is not permitted. Only the production of copies and downloads for personal, private and non-commercial use is permitted.
The presentation of contents, web offers and frames of other providers is only permitted with written permission.


10. Severability clause

Should a provision of the contract be or become invalid or should the contract contain gaps that need to be filled, this shall not affect the validity of the remaining provisions. In place of the ineffective provision or gap, the parties shall agree on a legally effective and enforceable provision that comes close to the economic purpose of the agreement and that would have been agreed by the parties if they had known of the ineffectiveness of the respective provision.


11 Assignment of rights

Claims of the User arising from the contract with Lechvalley are transferable only with express written consent. Lechvalley has the right to assign claims arising from the contract to third parties, provided that the contractual rights of the user are not jeopardized thereby.


12. Possibility of inspection

The possibility to inspect the General Terms and Conditions is granted at any time under the following link: https://goalship.app/terms.html.