Terms of Service
General Terms and Conditions (GTC) for the "PAPEO" App
Introduction/App Description/Scope
1.1 These general terms and conditions (GTC) apply to the use of the PAPEO App and all services offered through the PAPEO App.
1.2 Users can access the services of the PAPEO App after registering as a member. In addition to the free membership, there is a premium membership (so-called King-Membership).
1.3 Through the PAPEO App, users can promote parties they organize themselves. They can decide whether the parties are open to all users of the PAPEO App or if an invitation is required, for which users can also apply. Compliance with all public law regulations is the sole responsibility of the user. This particularly concerns adherence to COVID-19 measures or regulations applicable at the event location. The PAPEO App only provides services for planning, conducting, and managing events. Each free membership user can promote a maximum of 3 pending parties simultaneously. For parties promoted through the PAPEO App, the organizer is entitled to publish photo and video recordings of the parties on the PAPEO App and afterward. Users of the events expressly and irrevocably consent to the publication of video and image recordings. Additionally, users consent to the "location function," allowing PAPEO App to verify participation in events at any time, and location tracking is required for other functions. The PAPEO App also allows users to search for other users based on specific criteria. The PAPEO App then indicates whether the searched user is present at the party. Users are only published on the PAPEO App with their username, which can only be assigned once, not with their real name. The profile picture provided during registration will be shown. The PAPEO App also includes a messenger service for user communication. Each party promoted through the PAPEO App can be rated by users through the PAPEO App. The PAPEO App only mediates the parties, and the organizer of these parties is solely responsible for any service disruptions. King-Members can mark their profile as an artist profile. Papeo does not check the quality or performance of artists; contracts with artists registered on Papeo are exclusively between the artist and their client. Papeo is not responsible for any service disruptions. The PAPEO App reserves the right to display advertisements through the app.
1.4 The following term "the user" is used to improve linguistic clarity and refers to all users, i.e., male, female, and non-binary users.
Identity of the Provider
The complete details of the owner and operator of the PAPEO APP are: Papeo Ltd. Moon Roof Senegambia Kanifing Municipality The Gambia The owner of the PAPEO App is represented in Europe by the following management company: Papeo UG, represented by Managing Director Jessica Franke, Prödeler Str. 9, 04416 Markkleeberg, Ust. Id.Nr. DE326427935. For all legal disputes between users/members of the PAPEO App and the owner of the PAPEO App, Gambian law exclusively applies.
Registration for Free Membership and King-Membership
3.1 Content and Formation
3.1.1 The user can register for the PAPEO App as follows after downloading the PAPEO App for free: a) The user can register by entering their details in the registration form of the PAPEO App and clicking the "Submit" button. To register, the user must provide the information requested in the registration form (e.g., freely selectable username, phone number, profile picture, address, gender, address) completely and correctly, unless marked as optional. Registration is only possible with the username. By clicking the "Submit" button, the user confirms that all information provided is true, accurate, current, and complete. b) The user can also register by transferring their registration data from the social network "Google+" and clicking the "Submit" button. Registration via "Facebook Connect" or "Google Sign-In" requires confirmation that the selected data, already verified by the user on Facebook or "Google," can be transferred to the PAPEO App. This data can later be expanded or reduced by the user in their profile on the platform.
3.1.2 By clicking the "Submit" button, the user submits their request for free membership registration. There is no legal entitlement to registration. PAPEO APP is entitled to refuse registration without providing reasons. Membership only becomes effective upon confirmation by PAPEO APP.
3.1.3 Free membership does not incur any costs for the user.
3.1.4 Only persons capable of entering into contracts independently are allowed to register for the PAPEO App. Persons with limited legal capacity may only do so with the explicit consent of their parents or guardians. A scanned copy of the written consent must be sent to [email protected].
3.1.5 Each user may only register once and create only one user account.
3.2 Login/Care Obligations of the Registered User
3.2.1 After confirmed registration, the user can log in to the PAPEO App by: - Entering the phone number provided during registration, which can generate a password up to 3 times, or by entering the email address, which generates a one-time password upon confirmation, or - Entering their Google account data.
3.2.2 The user must not disclose the one-time password to third parties to prevent misuse.
3.2.3 The user is obliged to inform PAPEO App immediately if they become aware that unauthorized third parties have gained knowledge of the one-time password. Unless the user provides evidence that a third party used the access to the platform without their consent, all declarations made through the access will be attributed to the user. The user is liable for any misuse by third parties unless they can prove that they are not at fault.
3.2.4 PAPEO APP has the right to permanently or temporarily deactivate any user's membership in case of misuse or fraudulent use of the account.
3.2.5 The user is obliged to report any later changes to the data requested in the registration form unless these are marked as optional.
3.2.6 The user can view and exclusively correct/change their account data at any time through the user profile in the main menu.
3.3 King-Membership
3.3.1 Premium members pay a monthly fee. In return, parties posted by premium users are always displayed prominently. Additionally, the profiles of premium users are always displayed prominently when searching for other users. Furthermore, premium members can anonymize themselves for parties, meaning they will not be displayed, although this service is also chargeable for King-Membership members if a certain number of anonymized requests are exceeded.
3.3.2 European consumer protection directives mandate a compulsory right of withdrawal for fee-based distance contracts with consumers. However, the right of withdrawal expires for the delivery of digital content not stored on a physical data carrier when the entrepreneur begins executing the contract after the consumer has expressly agreed to the entrepreneur starting the contract execution before the end of the withdrawal period and has confirmed their knowledge that by agreeing, they lose their right of withdrawal. PAPEO APP advises before clicking the registration button for premium membership that the service can only be used if the consumer expressly agrees to the service execution and confirms their knowledge of the loss of any right of withdrawal. For this reason, users of PAPEO App no longer have a right of withdrawal. However, they have the right to cancel immediately and without cause at any time. The monthly fee for premium access is then calculated on a pro-rata basis.
3.4 Termination of Membership
3.4.1 The user has the right to terminate the membership at any time without giving reasons with immediate effect. Upon receipt of the termination declaration, PAPEO App will close the corresponding user account. The termination must be sent in writing to the address of Papeo UG provided under section 2 or by email to [email protected].
3.4.2 PAPEO App has the right to terminate a user's King-Membership at any time without giving reasons, effective at the end of the term. Termination by PAPEO App will be sent via email to the email address provided by the user. This revokes the user's right to access the services through the PAPEO App, and the corresponding user account will be closed. PAPEO App will terminate the registration extraordinarily if false information was provided during registration, the registration requirements no longer exist, the terms of use are violated, or there is substantial evidence of unlawful activities by the user.
Rights to Content and Its Use
4.1 All rights, especially copyright usage and exploitation rights, to the content and services published by or in the PAPEO App (e.g., texts, images, videos) belong solely to PAPEO APP or, if applicable, to the otherwise designated author in relation to the user. The user is prohibited from altering or removing copyright notices, trademarks, and similar indications.
4.2 The user is prohibited from blocking, overwriting, modifying, or copying the texts, content, software, or scripts of the PAPEO App unless necessary for the proper use of the PAPEO App. The user must refrain from any action that could impair the functionality of the PAPEO App, especially overloading the platform.
4.3 All personal data of the user is collected, stored, and processed only in compliance with the relevant data protection laws, particularly the General Data Protection Regulation. Details are contained in the privacy policy, which the user can access, view, save, and print at any time through the PAPEO App [/ Settings / Privacy Policy].
Liability of PAPEO App
5.1 PAPEO App is only liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by PAPEO APP or an intentional or negligent breach of duty by a legal representative or vicarious agent of PAPEO APP, as well as for damages that are based on an intentional or grossly negligent breach of duty by PAPEO APP or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of PAPEO APP.
5.2 For simple negligence, PAPEO APP is only liable for damages resulting from the breach of essential contractual obligations, limited to the typical and foreseeable damages. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the user can regularly rely.
5.3 PAPEO APP is not liable for damages resulting from the failure to fulfill non-essential contractual obligations due to simple negligence.
5.4 PAPEO APP is not liable for the loss of data and programs to the extent that the damage is based on the user's failure to regularly and properly back up their data, thereby ensuring that lost data can be restored with reasonable effort.
5.5 PAPEO APP is not liable for the proper operation of third-party services (such as payment systems) or for damages resulting from their improper operation.
Changes to the GTC
6.1 PAPEO APP reserves the right to change these GTC at any time without giving reasons unless the change is unreasonable for the user. PAPEO APP will notify the user of changes to the GTC in a timely manner. If the user does not object to the validity of the new GTC within two weeks after notification, the amended GTC will be deemed accepted by the user. PAPEO APP will inform the user of the importance of this two-week period and the right to object in the notification.
6.2 If the user objects to the new GTC within the period specified above, PAPEO APP has the right to terminate the membership with immediate effect.
Final Provisions
7.1 If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision will be replaced by the valid and enforceable provision that comes closest to the economic intent of the parties.
7.2 Gambian law exclusively applies to all legal relationships between the user and PAPEO APP, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
7.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the PAPEO App is The Gambia, provided the user is a merchant or does not have a general place of jurisdiction in The Gambia.
By registering for PAPEO, the user declares their agreement with these GTC.
Introduction/App Description/Scope
1.1 These general terms and conditions (GTC) apply to the use of the PAPEO App and all services offered through the PAPEO App.
1.2 Users can access the services of the PAPEO App after registering as a member. In addition to the free membership, there is a premium membership (so-called King-Membership).
1.3 Through the PAPEO App, users can promote parties they organize themselves. They can decide whether the parties are open to all users of the PAPEO App or if an invitation is required, for which users can also apply. Compliance with all public law regulations is the sole responsibility of the user. This particularly concerns adherence to COVID-19 measures or regulations applicable at the event location. The PAPEO App only provides services for planning, conducting, and managing events. Each free membership user can promote a maximum of 3 pending parties simultaneously. For parties promoted through the PAPEO App, the organizer is entitled to publish photo and video recordings of the parties on the PAPEO App and afterward. Users of the events expressly and irrevocably consent to the publication of video and image recordings. Additionally, users consent to the "location function," allowing PAPEO App to verify participation in events at any time, and location tracking is required for other functions. The PAPEO App also allows users to search for other users based on specific criteria. The PAPEO App then indicates whether the searched user is present at the party. Users are only published on the PAPEO App with their username, which can only be assigned once, not with their real name. The profile picture provided during registration will be shown. The PAPEO App also includes a messenger service for user communication. Each party promoted through the PAPEO App can be rated by users through the PAPEO App. The PAPEO App only mediates the parties, and the organizer of these parties is solely responsible for any service disruptions. King-Members can mark their profile as an artist profile. Papeo does not check the quality or performance of artists; contracts with artists registered on Papeo are exclusively between the artist and their client. Papeo is not responsible for any service disruptions. The PAPEO App reserves the right to display advertisements through the app.
1.4 The following term "the user" is used to improve linguistic clarity and refers to all users, i.e., male, female, and non-binary users.
Identity of the Provider
The complete details of the owner and operator of the PAPEO APP are: Papeo Ltd. Moon Roof Senegambia Kanifing Municipality The Gambia The owner of the PAPEO App is represented in Europe by the following management company: Papeo UG, represented by Managing Director Jessica Franke, Prödeler Str. 9, 04416 Markkleeberg, Ust. Id.Nr. DE326427935. For all legal disputes between users/members of the PAPEO App and the owner of the PAPEO App, Gambian law exclusively applies.
Registration for Free Membership and King-Membership
3.1 Content and Formation
3.1.1 The user can register for the PAPEO App as follows after downloading the PAPEO App for free: a) The user can register by entering their details in the registration form of the PAPEO App and clicking the "Submit" button. To register, the user must provide the information requested in the registration form (e.g., freely selectable username, phone number, profile picture, address, gender, address) completely and correctly, unless marked as optional. Registration is only possible with the username. By clicking the "Submit" button, the user confirms that all information provided is true, accurate, current, and complete. b) The user can also register by transferring their registration data from the social network "Google+" and clicking the "Submit" button. Registration via "Facebook Connect" or "Google Sign-In" requires confirmation that the selected data, already verified by the user on Facebook or "Google," can be transferred to the PAPEO App. This data can later be expanded or reduced by the user in their profile on the platform.
3.1.2 By clicking the "Submit" button, the user submits their request for free membership registration. There is no legal entitlement to registration. PAPEO APP is entitled to refuse registration without providing reasons. Membership only becomes effective upon confirmation by PAPEO APP.
3.1.3 Free membership does not incur any costs for the user.
3.1.4 Only persons capable of entering into contracts independently are allowed to register for the PAPEO App. Persons with limited legal capacity may only do so with the explicit consent of their parents or guardians. A scanned copy of the written consent must be sent to [email protected].
3.1.5 Each user may only register once and create only one user account.
3.2 Login/Care Obligations of the Registered User
3.2.1 After confirmed registration, the user can log in to the PAPEO App by: - Entering the phone number provided during registration, which can generate a password up to 3 times, or by entering the email address, which generates a one-time password upon confirmation, or - Entering their Google account data.
3.2.2 The user must not disclose the one-time password to third parties to prevent misuse.
3.2.3 The user is obliged to inform PAPEO App immediately if they become aware that unauthorized third parties have gained knowledge of the one-time password. Unless the user provides evidence that a third party used the access to the platform without their consent, all declarations made through the access will be attributed to the user. The user is liable for any misuse by third parties unless they can prove that they are not at fault.
3.2.4 PAPEO APP has the right to permanently or temporarily deactivate any user's membership in case of misuse or fraudulent use of the account.
3.2.5 The user is obliged to report any later changes to the data requested in the registration form unless these are marked as optional.
3.2.6 The user can view and exclusively correct/change their account data at any time through the user profile in the main menu.
3.3 King-Membership
3.3.1 Premium members pay a monthly fee. In return, parties posted by premium users are always displayed prominently. Additionally, the profiles of premium users are always displayed prominently when searching for other users. Furthermore, premium members can anonymize themselves for parties, meaning they will not be displayed, although this service is also chargeable for King-Membership members if a certain number of anonymized requests are exceeded.
3.3.2 European consumer protection directives mandate a compulsory right of withdrawal for fee-based distance contracts with consumers. However, the right of withdrawal expires for the delivery of digital content not stored on a physical data carrier when the entrepreneur begins executing the contract after the consumer has expressly agreed to the entrepreneur starting the contract execution before the end of the withdrawal period and has confirmed their knowledge that by agreeing, they lose their right of withdrawal. PAPEO APP advises before clicking the registration button for premium membership that the service can only be used if the consumer expressly agrees to the service execution and confirms their knowledge of the loss of any right of withdrawal. For this reason, users of PAPEO App no longer have a right of withdrawal. However, they have the right to cancel immediately and without cause at any time. The monthly fee for premium access is then calculated on a pro-rata basis.
3.4 Termination of Membership
3.4.1 The user has the right to terminate the membership at any time without giving reasons with immediate effect. Upon receipt of the termination declaration, PAPEO App will close the corresponding user account. The termination must be sent in writing to the address of Papeo UG provided under section 2 or by email to [email protected].
3.4.2 PAPEO App has the right to terminate a user's King-Membership at any time without giving reasons, effective at the end of the term. Termination by PAPEO App will be sent via email to the email address provided by the user. This revokes the user's right to access the services through the PAPEO App, and the corresponding user account will be closed. PAPEO App will terminate the registration extraordinarily if false information was provided during registration, the registration requirements no longer exist, the terms of use are violated, or there is substantial evidence of unlawful activities by the user.
Rights to Content and Its Use
4.1 All rights, especially copyright usage and exploitation rights, to the content and services published by or in the PAPEO App (e.g., texts, images, videos) belong solely to PAPEO APP or, if applicable, to the otherwise designated author in relation to the user. The user is prohibited from altering or removing copyright notices, trademarks, and similar indications.
4.2 The user is prohibited from blocking, overwriting, modifying, or copying the texts, content, software, or scripts of the PAPEO App unless necessary for the proper use of the PAPEO App. The user must refrain from any action that could impair the functionality of the PAPEO App, especially overloading the platform.
4.3 All personal data of the user is collected, stored, and processed only in compliance with the relevant data protection laws, particularly the General Data Protection Regulation. Details are contained in the privacy policy, which the user can access, view, save, and print at any time through the PAPEO App [/ Settings / Privacy Policy].
Liability of PAPEO App
5.1 PAPEO App is only liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by PAPEO APP or an intentional or negligent breach of duty by a legal representative or vicarious agent of PAPEO APP, as well as for damages that are based on an intentional or grossly negligent breach of duty by PAPEO APP or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of PAPEO APP.
5.2 For simple negligence, PAPEO APP is only liable for damages resulting from the breach of essential contractual obligations, limited to the typical and foreseeable damages. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the user can regularly rely.
5.3 PAPEO APP is not liable for damages resulting from the failure to fulfill non-essential contractual obligations due to simple negligence.
5.4 PAPEO APP is not liable for the loss of data and programs to the extent that the damage is based on the user's failure to regularly and properly back up their data, thereby ensuring that lost data can be restored with reasonable effort.
5.5 PAPEO APP is not liable for the proper operation of third-party services (such as payment systems) or for damages resulting from their improper operation.
Changes to the GTC
6.1 PAPEO APP reserves the right to change these GTC at any time without giving reasons unless the change is unreasonable for the user. PAPEO APP will notify the user of changes to the GTC in a timely manner. If the user does not object to the validity of the new GTC within two weeks after notification, the amended GTC will be deemed accepted by the user. PAPEO APP will inform the user of the importance of this two-week period and the right to object in the notification.
6.2 If the user objects to the new GTC within the period specified above, PAPEO APP has the right to terminate the membership with immediate effect.
Final Provisions
7.1 If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision will be replaced by the valid and enforceable provision that comes closest to the economic intent of the parties.
7.2 Gambian law exclusively applies to all legal relationships between the user and PAPEO APP, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
7.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the PAPEO App is The Gambia, provided the user is a merchant or does not have a general place of jurisdiction in The Gambia.
By registering for PAPEO, the user declares their agreement with these GTC.