Terms of Service
Checkyn Mobile App

Terms of Service - Checkyn App

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1 - About Checkyn

Checkyn transforms physical locations into digital communities. Using the mobile application, users can discover and checkin at location in order to connect and chat with other visitors. On the other hand, users can create own communities themselves in order to share them with friends and other users.

(Subsequently referred to as “Services” or “App”).

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2 - General

With the creation of an account and by using the App, you enter into a business relationship (contract) with Social Quest GmbH, Schottenfeldgasse 85, 1070 Vienna, Austria (hereinafter also referred to as “we”, “us” or “SQ”) regarding the use of the Services and, therefore, agree to these Terms of Service.
The Terms of Service apply to all contractual relationships between us and our users regarding the Services offered by us within the App “Checkyn”.

Moreover, you also accept our Privacy Policy, by accepting these Terms of Service.

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We have the right to amend or modify these Terms of Service at any time. If we do so, we'll notify you. If you do not agree with the amended or modified Terms of Service, you can withdraw from further use at any time by deleting your account and uninstalling the App. 

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You must be over the age of 16 (sixteen) to use this Service, otherwise you are not authorized to register.

We may change the features, scope and content of our Services at any time and, therefore, also modify these Terms of Service. But again, we will, of course, notify you in advance of any significant changes. If you do not agree with the changes, you can withdraw from further use of the Services at any time by deleting your account and uninstalling the App. 

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We try to be online at all time, however, we cannot guarantee a 24/7 availability of our Services. Downtimes may occur, for example, due to maintenance work, overflowing Server traffic, security breaches, or other events out of our control.

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In order to provide a quality service, SQ has the right to monitor and review all content. We reserve the right to close your account at any time and without prior notice and to refuse to create a new account. This applies in particular if you violate any clauses of these Terms of Service or if you violate any national laws. With the termination of your account, our contractual relationship is also terminated. Furthermore, we may also partially or completely delete or (temporarily) ban content that (potentially) violates these Terms of Service or national laws.

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3 - Communities and Chats

We allow our users, such as individuals, organizations and/or service providers to list communities on our Services. Users can checkin in such communities directly through the App in order to chat with other members. We act solely as an intermediary in the exchange of data between users. Therefore, we are neither a contractual partner nor a representative of either of the communicating parties.

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4 - License

We grant you a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use our Services solely in accordance with these Terms of Service. If you violate these Terms of Service, wee also revoke/terminate this license.
 

By using our Services, you grant us a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to store, use, reproduce, modify, distribute, and publish the content you provide to us through our Services (or content to which you provide us access through third parties) without any further consent from you. 
 

However, we will not use your content to promote our products or Services, or organizational offerings without your consent. This does not include, for example, indicating that you have checked into certain communities, have created communities on your own or visited certain areas.
 

You can terminate/revoke this license at any time for your specific, individual content by deleting the respective content or by deleting your account completely. However, this revocation does not affect any use of your content that has already been made on the basis of this license. Once you revoke this license, we will delete your content within a reasonable period of time and will notify you once this is done. However, we may not be able to delete certain content, if this content must be kept due to legal obligations or by an order of a court or an administrative authority.

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5 - Code of conduct

When using our Service, you agree to the following Code of Conduct:​
 

• Be safe! Do not do, create, offer or organize dangerous, or potentially dangerous activities and/or communities! You will not do, create, offer or organize activities and/or communities that pose risks in any form whatsoever for physical or mental health or for other damage, in particular damage to property.
   

• Be nice, friendly and respectful! When communicating with other users and staff of SQ and in the context of your content, contributions and posts, be friendly and refrain from any insults as well as all forms of stalking, bullying, harassment, etc.
   

• You may not develop or use any technical tools (software or hardware), such as bots or crawlers, to download or copy any proprietary content from our Services or to access and reproduce the structure of the App and its content in any form (including reverse engineering).  
   

• You may only use our Services in a manner that does not interfere with or disrupt those Services, the App, our servers, and networks. You may not take any action that could compromise the operation, security, or appearance of our Services, including, without limitation, uploading viruses or other malware. 
   

• You must not bypass or circumvent any security measures or access restrictions. 
   

• You will use our Services solely in the manner and for the purposes intended by us (see in particular the description under Section 1.)
   

• You must not infringe the rights of third parties. This applies in particular to intellectual property rights, personal rights, and the right to data protection. In particular, copyrighted material, such as images and other intellectual property, such as trademarks or trade names, may not be copied, modified, published, edited, reproduced, or otherwise unlawfully used without the consent of the respective rights holder (such as SQ or other App users).  
   

• You may not make any unlawful or immoral, misleading, discriminatory, or fraudulent statements or post any unlawful or immoral, misleading, discriminatory, or fraudulent content or take any with regard to such content. In particular, hate speech as well as sexually explicit, sexist, offensive, pornographic, racist, homophobic, and national socialist content is prohibited. You may not incite violence or post content that promotes the aforementioned content. 

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6 - Liability

We are liable for damages caused by the use of the App only in the case of intent or gross negligence, except personal injury. 

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By accepting these Terms of Service, you represent that you understand and agree that SQ is not responsible for controlling, reviewing, preparing for, or conducting activities, even if offered, arranged, advertised, and completed by the actual organizer through the App. You understand that communities and chats/events in which you participate involve certain and potentially significant risks, including, without limitation, risks of injury or property damage. By accepting these Terms of Use, you agree to SQ’s exclusion of liability, to the fullest extent permitted by law, for all known and unknown risks associated with such activities, and expressly agree that you voluntarily assume such risks yourself. Therefore, we shall not be liable for any damages in the course of any communities and events created, organized, or hosted by you, any other user, or an Organization.

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We are not liable for the content of third parties, especially other App users, or Organizations. Please let us know if you think that content displayed in our App violates laws or these Terms of Service, or infringes your or third parties’ rights, so that we can review it and immediately ban or delete it if necessary. 

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We are not responsible or liable for links (such as in advertisements) or the content or availability of linked sites and content. 

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7 - Privacy and data protection

If we transfer personal data of our users to you (e.g., by displaying content, communities or messages), you undertake to respect their right to data protection and to transfer data to third countries only if they guarantee an adequate level of data protection, you have concluded appropriate standard contractual clauses with the recipient or data protection is ensured by binding corporate rules or other appropriate guarantees.

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For more information on how SQ processes your personal data within the App, please also refer to our Privacy Policy. 

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8 - Applicable law and place of jurisdiction

All contractual relationships concluded under these Terms of Use shall be governed by Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers with habitual residence in the EU also benefit from the protection of the mandatory provisions of the law of the state of their habitual residence. 

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The court with local and substantive jurisdiction for the registered office of SQ shall be the sole place of jurisdiction for all disputes arising directly or indirectly from or in connection with a contractual relationship subject to these Terms of Service. Consumers with habitual residence in the EU may also bring actions before the court having jurisdiction over the place where the consumer is domiciled.

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We draw your attention to the online dispute resolution platform of the European Commission, which you can access at the following link: https://ec.europa.eu/consumers/odr/. 

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However, we do not participate in dispute resolution proceedings before a consumer arbitration board. 

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9 - Final provisions

If any provision of these Terms of Service is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions. The contracting parties shall replace the legally invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in terms of content and purpose. 

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We are entitled to assign our rights and obligations under the contract with you in whole or in part to third parties. 

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Version: 9th August 2022