Terms of Service

1. Scope of Application

These Terms of Service apply to the use of the mobile application "Physicli" (hereinafter referred to as "App"), which can be downloaded from official app stores (e.g., Apple App Store, Google Play Store) and is provided by the provider mentioned below.

By downloading, installing, or using the App – whether as a registered or unregistered user – you accept these Terms of Service in their current version. The Terms of Service apply regardless of whether the use is free of charge or may become partially paid in the future.

2. App Provider / Contracting Party

The contracting party and provider of the Physicli App is:

Pascal Hofmann
Am Weißen Berg 42
96193 Wachenroth
Deutschland

The provider is responsible for the operation and technical provision of the App and serves as the contact point for all questions related to these Terms of Service.

3. Service Description / Subject Matter

The Physicli App enables users to discover sports facilities (so-called "Venues") through an interactive map and list view. The App displays both locally nearby and regionally available Venues.

Unregistered users can view and search publicly available content (e.g., Venue locations, images, and descriptions).

Registered users additionally have the opportunity to contribute their own content ("Contributions"), particularly:

• Adding new Venues,
• Uploading images to existing or new Venues,
• Providing descriptive information.

Content uploaded by users will be activated after editorial review by the provider or through automated processes. There is no entitlement to publication of submitted contributions.

The use of the App is currently completely free of charge. The provider reserves the right to offer certain additional features for a fee in the future. In such cases, the user will be explicitly informed in advance and must actively consent to the paid use.

4. Registration and User Account

For the active use of certain App functions, particularly adding Venues or images, prior registration and creation of a user account is required.

Registration is accomplished by providing a valid email address and other required information and requires consent to these Terms of Service and the Privacy Policy. There is no entitlement to registration.

Access credentials (e.g., password) may not be shared with third parties. The user is obligated to keep their access credentials secure and to immediately inform the provider if misuse is suspected.

The provider reserves the right to temporarily suspend or permanently delete user accounts in case of violations of these Terms of Service or applicable law. This applies particularly to repeated or serious violations, e.g., through uploading inadmissible content.

5. User-Generated Content ("Contributions")

Registered users can contribute their own content to the App, particularly suggesting new sports facilities (Venues) and uploading photos to existing or new Venues (hereinafter referred to as "Contributions").

By uploading or submitting Contributions, the user warrants that they possess all necessary rights to the transmitted content, particularly:

• that the content is free from third-party rights (e.g., copyrights, trademark rights, personality rights),
• that any depicted persons have consented to publication,
• and that the content does not violate applicable law or good morals.

The provider reviews all Contributions before publication and decides at its own discretion about their activation. There is no entitlement to publication or permanent availability of submitted content.

By uploading Contributions, the user grants the provider a non-exclusive, worldwide, unlimited in time, free of charge, and transferable usage right to this content, insofar as this is necessary for the display, distribution, and promotion of the App. This includes particularly the right to reproduction, public accessibility, and editing (e.g., technical adjustment of image size).

The provider reserves the right to delete content without giving reasons, particularly if a violation of these Terms of Service, legal provisions, or third-party rights exists or is suspected.

6. Rights and Obligations of Users

Users commit to using the App exclusively within the framework of applicable laws and these Terms of Service.

It is particularly prohibited to:

• Upload or distribute content that is illegal, offensive, discriminatory, pornographic, extremist, or otherwise inappropriate,
• Publish content that violates third-party rights (e.g., copyrights, trademark rights, personality rights),
• Provide false, misleading, or abusive information about Venues,
• Circumvent technical measures of the App or interfere with its operation (e.g., through hacking, scraping, or reverse engineering),
• Make the user account available to third parties or impersonate another person.

Users are obligated not to use the App in a way that endangers the stability, security, or availability of the service.

In case of violation of these obligations, the provider is entitled to temporarily suspend or permanently delete the affected user account and remove corresponding content. Further legal action remains reserved.

The user is liable to the provider for damages arising from culpable violations of legal provisions or these Terms of Service. They indemnify the provider against all third-party claims resulting from such violations.

7. Availability and Technical Limitations

The provider strives to keep the App available as trouble-free and permanently as possible. However, there is no entitlement to constant or uninterrupted availability of the App or its functions.

Maintenance work, further developments, security or capacity reasons, as well as events outside the provider's sphere of influence (e.g., disruptions of public communication networks, failure of third-party services) may lead to temporary restrictions or interruptions.

The technical infrastructure of the App is partially provided by third parties (e.g., Amazon Web Services, Supabase). The provider assumes no warranty for services, availability, or security of these external systems.

To use the App, suitable end devices and a functioning internet connection are required. The user bears responsibility for fulfilling these technical requirements.

8. Costs and Payment Terms

The use of the basic functions of the Physicli App is currently completely free of charge.

The provider reserves the right to offer certain additional functions or content (e.g., premium features, ad-free experience, exclusive content) for a fee in the future. In such cases, the user will be clearly informed in advance and must expressly consent to the paid offer (e.g., via in-app purchase or subscription function in the App Store).

If paid content or functions are introduced, the prices, payment terms, and durations specified at the respective time shall apply additionally. These will be transparently displayed to the user within the App.

Payments are processed through the respective app store platforms (e.g., Apple App Store, Google Play Store) under their respective terms of use. The provider itself does not collect or store users' payment data.

9. Liability

The provider is liable without limitation for damages from injury to life, body, or health that are based on intentional or negligent breach of duty by the provider, its legal representatives, or vicarious agents.

For other damages, the provider is only liable for intent and gross negligence. In case of simple negligence, the provider is only liable if a duty is violated whose fulfillment enables the proper use of the App in the first place, whose violation endangers the achievement of the contractual purpose, and on whose compliance the user may regularly rely (cardinal duty). In this case, however, liability is limited in amount to the contract-typical, foreseeable damage.

No further liability of the provider exists. The provisions of the Product Liability Act remain unaffected.

The provider assumes no responsibility for the content accuracy, completeness, or timeliness of user-generated content (Contributions) or external sources within the App.

10. Data Protection

The protection of personal data has high priority for the provider. The collection, processing, and use of personal data is carried out in compliance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR).

Details on data processing, user rights, and employed third parties (e.g., hosting, analytics) can be found in the Privacy Policy, which is accessible within the App or via the provider's website.

11. Amendment of Terms of Service

The provider reserves the right to amend these Terms of Service at any time with effect for the future, provided the changes are reasonable considering the user's interests.

Users will be informed about significant changes in due time within the App or via email. If no objection is raised by the user within 30 days after notification, the amended Terms of Service are deemed accepted. The user will be expressly informed about this right of objection in the amendment notification.

In case of objection, the provider reserves the right to terminate the usage relationship.

12. Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country where the user has their habitual residence remain unaffected.

Should individual provisions of these Terms of Service be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. Instead of the invalid provision, the legal provision that comes closest to the economic purpose of the invalid provision shall apply.

The provider is not obligated and not willing to participate in dispute resolution procedures before a consumer arbitration board.

Effective date: September 1st, 2025