Terms of Use and License Conditions
for the mobile app “Bolts”
The posting, implementing, commenting and evaluation of challenges and the generation and sharing of content requires the responsible use of our mobile app. This is why all users must explicitly agree to these Terms of Use and License Conditions.
The most important aspects have been summarized for you. This summary is not complete and not final. The detailed Terms of Use and License Conditions result from the subsequent conditions from this summary.
All users are responsible for damages caused themselves or caused to third parties with respect to their lives, bodies and health during the performance of a challenge in the frame of the conditions of these Terms of Use and License Conditions. Official authorities (e.g. police or emergency medical services) are to be contacted in case of a medical emergency or in other emergencies during the use of the app. The app is not designed to answer emergency calls.
Dangerous challenges that go beyond the individual skills of the acting or performing individual, as well as challenges that constitute an offense are forbidden. Content that contains pornographic, inadequate sexual or violent, extremist, discriminatory,
Users must ensure that they have the right to content in order to upload it to the Internet, edit and distribute it, in line with these Terms of Use and License Conditions. This particularly applies to all required rights of use and exploitation rights for trademark protected or otherwise protected material, such as for instance videos and images.
Bolts implements adequate measures in order to detect and filter infringements against the Terms of Use and License Conditions. In
particular, Bolts reserves the right to block content and possibly users who infringe these conditions without notice or delete content and user accounts. Users can tag such content and notify Bolts. Bolts reacts to the notification of such content within 24 hours.
1. Inclusion of the Terms of Use and License Conditions
1.1In some cases the download and the installation of mobile apps may require accepting special Terms of Use of the App Stores. In the case of contradictions with these Terms of Use the special Terms of Use of the App Stores have priority.
1.2Contract partner of Bolts according to these Terms of Use is that person who downloads the app from the App Store and installs it on their mobile device (Contract partner and Bolts are hereinafter called “Contract parties”). Other persons that are provided access to the app on the mobile device of the contract partner are not called contract partners of Bolts but users (called hereinafter “user”). A contract partner who is a natural person is also called user. The contract partner and their users may not have partially or fully limited legal capacity. Contract partners and users that are minors require prior consent of the parents or legal guardians. Only if the requirements of Article 1.3 are met, the person may use the app.
1.3The contract partner will independently and actively inform the user, who is using the app on the contract partner’s mobile device, of these Terms of Use and the Data Privacy Information and ensure their consent to the Terms of Use prior to use.
1.4These Terms of Use shall not create rights for or against third parties. They are exclusively valid between the contract parties. In particular there will be no rights against the manufacturer of a mobile device, on which the mobile app will be used, the operating system provider or against an App Store.
1.5With the use of the app, the contract partner agrees to the valid version of the Terms of Use. The user must additionally expressively accept them during the registration process according to Article 2 via mouse click.
1.6If the contract partner or a user does not agree to be bound to these Terms of Use, they may not use the app.
1.7The Terms of Use are valid as of Month 01, 2021. Future changes of these Terms take place in accordance with Article 15.
2. Registration
2.1The contract partner must register via the mobile app prior to the first installation of a mobile app. There are different registration options to be chosen from. These are currently a registration via email address, via an existing Facebook account via
2.2All information provided during the registration must be accurate and complete.
3. Download of the Mobile App via an App Store
3.1The provision of the mobile app takes place for the installation on a
mobile device and for the subsequent use on the Internet. The mobile app can either be downloaded in the Google Play Store or in the Apple App Store. The Google Play Store is operated by Google LLC, Amphitheatre Parkway 1600, 94043 Mountain View, CA, USA (“Google”), www.google.com, the Apple App Store by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, www.apple.com and its affiliated companies (Apple App Store and Google Play Store are used without differentiation and are called “App Store” in these Terms of Use).
3.2To some extent, there are additional conditions for the use of an App Store on the part of Google or Apple. Bolts is neither responsible for these conditions nor can Bolts influence them. Bolts is not affiliated with the owners or operators of the App Stores and does not represent them.
3.3The contract partner recognizes that the owners and operators of the App Stores are not obliged to provide support or maintenance for the mobile app. All rights and obligations in accordance to these Terms of Use are between the contract partner and Bolts. The contract partner can contact Bolts under the above mentioned contact information or via the mobile app in case of questions.
4. Installation of a Mobile App, Technical Requirements
4.1 The mobile app is exclusively provided for the installation and use on a
mobile device that belongs to the contract partner or underlies their legitimate control. The used mobile devices must be registered with an app store in the sense of Article 3.1.
4.2The current version of the operating system Google Android or Apple iOS must be installed on the mobile device. The mobile app may function on other operating systems and/or versions, however a full functionality, as well as a complete and accurate reproduction of information is technically not ensured.
4.3It is the responsibility of the contract partner to ensure that the used mobile devices are appropriate for the use of the App Store and the mobile app, all relevant access privileges are granted and that, for instance, no installation or
5. Use of the Mobile App
5.1The contract partner and users may only use the mobile app for legal purposes while respecting all applicable and valid laws and terms of use and only in the frame of the expressively or visibly intended possible uses or purposes of the mobile app.
5.2Dangerous challenges that go beyond the individual skills of the acting or performing individual, as well as challenges that constitute an offense are forbidden. Content that contains pornographic, inadequate sexual or violent, extremist, discriminatory,
5.3Contract partners and users must ensure that they have the right to content in order to upload it to the Internet, edit and distribute it, in line with these Terms of Use. This particularly applies to all required rights of use and exploitation rights for trademark protected or otherwise protected material, such as for instance videos and images.
5.4The improper use of the mobile app is forbidden, for instance the decompiling or hacking of the mobile app or of the IT systems of Bolts, as well as the disclosure of information provided via the mobile app to third parties of similar or identical mobile apps or information offers.
5.5Bolts implements adequate measures in order to detect and filter infringements against these Terms of Use. In particular, Bolts reserves the right to block content and possibly users who infringe these conditions without notice or delete content and user accounts. Users can tag such content and notify Bolts. Bolts reacts to the notification of such content within 24 hours.
5.6Bolts can forbid the further usage of the service to the contract partner and every user at any time if Bolts notices a possible use that interrupts the flawless technical availability or integrity of the mobile app. In case of a blockage the mobile app cannot and may not be used, neither under a new installation.
5.7Official authorities (e.g. police or emergency medical services) are to be contacted in case of a medical emergency or in other emergencies during the use of the mobile app. The mobile app is not designed to answer emergency calls.
5.8The contract partner is obliged to inform and notify Bolts immediately of any improper use of their mobile app and
6. Quality Structure
The contract partner is provided with the mobile app in the state it is at the time of the download from the App Store (“as is”). The quality structure and function of the mobile app result from the function description of the mobile app and the information of the website https:// bolts.app/.
7. Compensation, Costs
7.1The download and the installation of the mobile app are free of charge.
7.2Costs can occur during the use of the mobile app depending on the used cellular service or data plan connection charges based on the contract with the respective access provider. The use takes place without compensation of Bolts by the contract partners or users.
8. Rights of Use
8.1The contract partner acquires a
8.2The right of use does in no case include the disclosure of the source code. Article 69 lit. d) and lit. e) German Copyright Law (UrhG) remain untouched thereof.
8.3Bolts acquires a free of charge,
8.4If the contract partner or users publish their own content on the mobile app, it has to be ensured by them that they possess all the required rights, particularly the rights of use of copyrighted or otherwise protected material such as for instance of videos or images.
8.5The software of the mobile app may not be reverse engineered nor may it be tried to extract the source code in any other way.
8.6If there is open source software contained in the mobile app, the license conditions of this software can have priority over the copyright terms of use of Bolts.
8.7A breach of the conditions of these Terms of Use entitles Bolts to recall the Right of Use and to terminate this contract without notice unless only an insignificant breach is present.
9. Actuality of Information
All information is delivered via the mobile app with a timely delay due to technical reasons, which can take several minutes or longer in rare cases. Information can therefore not be considered to be real time requests.
10. Exclusion and limitation of warranty and liability
10.1The contract partner is solely and fully responsible for all actions that are carried out while using the mobile app on their mobile device.
10.2Due to the nature of the Internet, the necessity of using a telecommunication connection through a third service provider for the use of the mobile app, as well as the necessity of the interaction with the individual mobile device of the user, other software and other computer systems, Bolts cannot ensure a continuous, uninterrupted availability of the mobile app and the display of content. Information is partially displayed with a delay.
10.3The mobile app is mainly intended for creative, joy and happiness, promoting the display of content and information of the users and Bolts. All depictions of the mobile app are purely
10.4The contract partner and the users acknowledge that no warranty or liability claims of Bolts against other users exist, via whom recourse can be taken.
10.5Bolts does not assume warranty or liability for any quality defects and defects of the mobile app.
10.6Bolts does not assume warranty or liability for damages through the installation or the use of the mobile app on a mobile device or the stored data.
10.7Bolts does not assume warranty or liability that the mobile app is free from viruses or malicious code as the administration of the App Stores,
their provision for a download and the interaction with other software during the use on the mobile device are not subject to the control of Bolts. Bolts is striving however to provide technical safety with adequate measures considering the state of the art in their domain and within their capabilities.
10.8Bolts does not provide expressive or implicit warranties or assurances.
10.9The following applies if, despite the above mentioned regulations in Article 10, a liability for compensation by Bolts takes effect:
In case of a minor negligence, the liability claim to be paid by Bolts is excluded, particularly for indirect damages, consequential damages or lost profit.
In case of minor negligence and infringement of essential contractual obligations by Bolts, the liability is limited to the foreseeable damages typical for this type of contract independent of the previous sentence.
The liability is limited to a maximum amount of EUR 1,000 in case of minor negligence. This maximum amount also applies to sequential cases.
All limitations and exclusions of warranties and liabilities shall apply for the benefit of all current and former bodies, workers, employees, performing agents and vicarious agents of Bolts (e.g. for managing directors, employees and freelancers), regardless of the legal grounds on which claims are asserted against them.
10.10Aforesaid exclusions and limitations of Article 10 do not apply in case of liability of Bolts according to the product liability law or intentional or grossly negligent breaches of duty or the violation of life, body or health of a person because of Bolts. The contract partner and all users are responsible for damages caused themselves and for damages caused to the life, body and health of third parties when carrying out a challenge according to Article 10.
11. Infringement of Proprietary Rights
The contract parties will notify each other without undue delay in case of an imminent infringement of proprietary rights or other legal infringements in connection with the use of the mobile app, particularly, if any claims are made against a party or if there is evidence that it is about to happen. The contract parties may not settle, provide acknowledgments or make other concessions without the written consent of the other party with respect to the asserted claim. If a claim or proceedings are instituted due to an infringement of rights or are imminent based on sound judgment, Bolts
may take measures at its own cost to avoid the infringement or the alleged infringement of these rights. This can be achieved by Bolts, particularly through unprotected modification or replacement of a service or through acquiring a license which permits the use.
12.Copyright, Protection of Trademarks and Labels, Rights of Use
12.1Copyright 2021 © by Csengeri, Raderecht & Sergani GbR,
12.2All texts, images, graphics, animations, videos, sounds and other protectable elements of the mobile app, their design and all content published within are subject to copyright law and possibly other laws to protect intellectual property. They may not be copied, amended, passed on, published, processed or otherwise used for trade purposes or other possible uses of the mobile app beyond the granted rights of use according to Article 8 of these Terms of Use.
12.3Protected trademarks, labels and elements of the app are usually not indicated as such. The lack of such an indication does not imply that trademarks, labels and elements are not protected. Bolts, its associated companies or third party holders own the stated trademark and labeling rights of the app, unless indicated otherwise.
12.4The offer to use the mobile app does not grant the right to use protected elements that go beyond the rights of use according to Article 8.
13. Duration and Cancellation
13.1These Terms of Use are valid for an indefinite period.
13.2Bolts and the contract partner can cancel the user relationship at any time. The contract partner is given the opportunity beforehand to
13.3Persons who still have the mobile app installed on their mobile device after the cancellation will uninstall it from their mobile device immediately.
14. Termination or Change of the Mobile App
14.1The provision of a mobile app is a voluntary service. There is no legal right to its continuance.
14.2Bolts reserves the right to partially or fully, temporarily or permanently, change, supplement or limit the mobile app after prior notice considering the interests of the contract partner. This applies to a mobile app downloaded again from the App Store or the download of software updates (called hereinafter “updates”) of the mobile app. A direct change of the mobile app on the mobile device through Bolts does not take place.
14.3If updates are released for the mobile app, they must possibly be installed first in order to continue the safe, uninterrupted use to its full functional form. As a general rule, updates are intended to improve the operating comfort, the expansion of functions or the elimination of possible safety or legal deficiencies. The cancellation option according to Article 13 remains untouched thereof.
14.4The import of updates depends on the App Store, its access software and the individual mobile devices of the contract partners. Updates cannot be solely initiated by Bolts, but must be agreed to by the contract partner, if necessary in the settings of their mobile device.
15. Change of these Terms of Use
Bolts reserves the right to change or add to these Terms of Use in parts or as a whole, particularly in order to eliminate regulatory loopholes due to new laws, new jurisdictions or new functions of the mobile app. The contract partner is informed accordingly via the email address provided during registration. They can download a storable version of it. The contract partner has the right to submit an explicit declaration with regards to the amended Terms of Use within one month after receipt of the notification or to terminate the user relationship in accordance with Article 13. Bolts will inform the user of the right of termination together with the announcement. The new Terms of Use are effective one month after receipt of the notice. The existing Terms of Use are in effect until the termination takes effect. Article 13 remains untouched thereof.
16. Data Privacy
Bolts observes all applicable data privacy laws when processing personal data, particularly the EU General Data Protection Regulation (EU GDPR). Detailed information according to Article 13 EU GDPR for the data processing in association with the use of the mobile app can be retrieved
here {LINK TO GDPR}, and a storable version can be downloaded.
17. Applicable Law and Place of Jurisdiction
17.1The download, the installation and the use of the mobile app, as well as these Terms of Use are subject to the law of the Federal Republic of Germany under the exclusion of the UN Sales Convention
17.2If the contract partner is a user, all disputes due to or in association with these Terms of Use or the use of the mobile app are subject to the legal regulations with respect to the place of jurisdiction. Darmstadt/ Germany is the place of jurisdiction, if permissible, if the contract partner is an entrepreneur.
18. Severability Clause
18.1It does not affect the effectiveness of the other terms or the Terms of Use as a whole, should one term of these Terms of Use be or become partially or fully ineffective, unenforceable or incomplete.
18.2In the presence of an ineffective, unenforceable or incomplete term, the contracting parties shall agree to one term at reasonable discretion that considers the interest of both contract parties and the aspired contract purpose adequately.
18.3Article 18.1 and 18.2 come into effect if one term is ineffective due to its temporal, personal, spatial, material scope or with respect to the amount.