Terms of Use for the "BreedBase" App

Last updated: June 2026

§ 1 Provider, Subject Matter and Scope

(1) These Terms of Use govern the use of the "BreedBase" mobile application and all services offered through it by registered users.

(2) The provider of the app is:

BreedBase
Sole proprietorship, Owner: Sarah Suer
Benninghauser Straße 19
59329 Wadersloh
Germany

Email: info@breedbase.de

(3) The app is a digital platform for dog owners. It allows registered users in particular to create a user account, manage profiles, post content, view other users' posts, interact with other users, and use the provider's editorial content and blog posts.

(4) The provider does not owe any particular communication outcome, any particular brokerage success, any particular reach, or any particular level of interaction between users. The user is responsible for maintaining a functional internet connection.

(5) The use of paid functions requires entering into a paid subscription.

(6) Differing general terms and conditions of the user do not apply unless their applicability has been expressly agreed to in text form.

§ 2 Registration and User Account

(1) Use of the app requires the creation of a user account.

(2) Only natural persons who have legal capacity and are of legal age may register.

(3) The user is obliged to provide complete and accurate information upon registration and to keep it up to date for the duration of the contract.

(4) Access credentials must be kept secret by the user and protected against access by unauthorized third parties.

(5) The user is obliged to inform the provider without undue delay if there are indications that their user account has been or is being misused by third parties.

(6) Multiple registrations, fake identities, registrations under misleading information, and circumvention registrations following a suspension are not permitted.

(7) There is no entitlement to registration or activation. The provider is entitled to refuse registrations where there are objective reasons to do so, in particular in cases of suspected false information, misuse, circumvention of earlier suspensions, or other significant risks to the operation of the platform.

§ 3 Conclusion of Contract and Commencement of Services

(1) By selecting a paid plan and completing the electronic ordering process, the user submits a binding offer to enter into a paid usage contract.

(2) The contract is concluded as soon as the provider accepts the offer, activates the paid access, or confirms the conclusion of the contract in text form.

(3) The specific scope of services results from the description of services valid at the time the contract is concluded within the app, on the website, or in the respective app store offering.

(4) The provider is entitled to further develop, adapt, or change the functions, content, and technical structure of the app, insofar as this is necessary for technical, security-related, legal, or economic reasons and the purpose of the contract is not thereby unreasonably impaired.

§ 4 Subscription, Prices, Due Date and Payment Processing

(1) The usage relationship is concluded as a paid subscription.

(2) The fee stated at the time the contract is concluded applies, including statutory value-added tax where applicable.

(3) The fee is due monthly in advance, unless otherwise stated during the ordering process.

(4) If the booking is made via an app store, payment processing takes place via that app store's systems. Within the iOS app, all paid content and functionality is acquired exclusively via Apple's In-App Purchase; promotional codes are likewise redeemed exclusively via the App Store. The contractual relationships between the provider and the user remain unaffected by this.

(5) The provider is entitled to temporarily restrict or suspend access to paid services if the user is in default with payments due and the statutory requirements for this are met.

§ 5 Term and Termination

(1) The subscription is concluded for an indefinite period with monthly billing, unless a different minimum term is stated during the ordering process.

(2) The subscription may be terminated by either party with effect from the end of the current billing period, unless a different, legally permissible arrangement is agreed.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Good cause for extraordinary termination by the provider exists in particular where the user

seriously or repeatedly violates these Terms of Use,
posts or distributes unlawful content,
infringes the rights of third parties,
misuses the platform,
circumvents technical protection mechanisms,
attempts to circumvent a suspension by re-registering,
makes significant false statements during registration or contract processing,
is in default with payment of amounts due and an extraordinary termination is permissible under the statutory requirements.

(5) Terminations may be declared in text form or via the electronic termination functions provided by the provider for this purpose.

§ 6 Electronic Termination for Consumers

(1) Insofar as the contract is concluded with a consumer in electronic commerce and Section 312k of the German Civil Code (BGB) applies, the provider makes available a continuously available, directly and easily accessible termination option.

(2) The electronic termination option allows the submission of an ordinary and, where applicable, an extraordinary termination.

(3) Upon receipt of the termination, the user receives confirmation in text form without undue delay, including the legally required information.

§ 7 Rights of Use to the App and to the Provider's Content

(1) For the duration of the contract, the provider grants the user a simple, non-exclusive, non-transferable, and non-sublicensable right to use the app and the content provided by the provider to the extent contractually intended.

(2) The user is not entitled to

reproduce, distribute, or make publicly available the app or the provider's content outside of its intended use,
reverse-engineer, decompile, or manipulate the app, insofar as this is not mandatorily permitted by law,
circumvent technical protection measures,
use the app for automated access, scraping, bot use, or similar procedures without the provider's prior consent.

(3) Trademarks, logos, layouts, texts, images, graphics, databases, software components, and other content of the provider are legally protected.

§ 8 User Content

(1) Insofar as the user posts, uploads, stores, publishes, comments on, or otherwise makes accessible content within the app, they remain solely responsible for it.

(2) The user represents that

they hold all rights necessary for the use and publication,
the content does not violate any statutory provisions,
the content does not infringe the rights of third parties,
the content does not contain any malware, harmful code, or technically harmful components.

(3) The user grants the provider, in respect of the content posted within the app, a simple, non-exclusive right, unrestricted in territory and limited to the duration of contract performance and of the respective posting, to store, technically reproduce, host, make publicly accessible within the app, display, format, move, moderate, and use this content for the operation, backup, and further development of the platform, insofar as this is necessary for the operation of the app.

(4) Insofar as this is necessary to prevent misuse, enforce rights, ensure IT security, analyze errors, or safeguard legitimate operational interests, the provider is entitled to internally evaluate, document, and archive user content, insofar as this is permissible under data protection law.

(5) The user has no entitlement to the publication, permanent storage, unaltered presentation, or restoration of particular content.

§ 9 Conduct Obligations and Prohibited Content

(1) The user undertakes to use the app in an objective, lawful, and considerate manner.

(2) In particular, it is prohibited to post, distribute, or make accessible content

that is unlawful, insulting, defamatory, discriminatory, threatening, pornographic, harmful to minors, glorifying violence, or contrary to public morals,
that infringes the rights of third parties, in particular copyright, trademark, name, personality, or data protection rights,
that contains knowingly inaccurate or misleading factual claims about other users or third parties,
that serves the distribution of spam, chain messages, unauthorized advertising, or harmful links,
that is capable of impairing the operation of the app or the security of information technology systems.

(3) Also prohibited in particular are

harassment, threats, or targeted provocation of other users,
abusive mass communication,
automated data collection without consent,
circumvention of technical protection measures,
circumvention of suspensions or restrictions,
use of the app for immoral or unlawful purposes.

(4) A zero-tolerance policy applies to objectionable content and to abusive behaviour towards other users. The provider does not tolerate such content or such behaviour. Objectionable content will be removed, and users who post such content or behave abusively will be ejected from the app.

§ 10 Moderation, Measures, Suspension and Virtual Domiciliary Rights

(1) The provider is entitled to review content and user conduct where there are actual indications of violations of statutory provisions, the rights of third parties, these Terms of Use, the provider's security interests, or the legitimate interests of other users.

(2) The provider may, in particular, reject, refuse, temporarily block, permanently delete, restrict the visibility of, move, or add notices to content in whole or in part where there are sufficient actual indications of a violation.

(3) The provider is entitled to take graduated measures against users. These include in particular

notices,
warnings,
restrictions of individual functions,
temporary suspensions,
permanent suspensions,
extraordinary termination of the contractual relationship.

(4) A suspension or extraordinary termination comes into consideration in particular in the case of serious, repeated, or continued violations, in the case of circumvention attempts, in the case of significant disruptions to platform operation, in the case of concrete suspicion of criminal acts, in the case of lasting endangerment of other users, or in the case of serious impairment of the integrity or security of the platform.

(5) When selecting the measure and determining its scope, the provider takes into account the severity of the violation, any repetition, the extent of the impairment, the degree of fault, the legitimate interests of the affected user, and the interests of the provider and other users.

(6) Insofar as legally and factually reasonable, the user will be informed of any measure that is more than insignificant. Prior consultation is not required where an immediate measure is necessary for security reasons, to prevent further legal violations, or to prevent misuse.

(7) Users can report content and other users directly within the app. The provider reviews reported content within 24 hours of receiving the report. Where the report proves to be justified, the provider removes the content concerned and ejects the user responsible from the app. Independently of this, users may at any time block other users themselves; that user's content and messages are then hidden immediately.

(8) The provider's right, within the scope of its virtual domiciliary rights, to control access to the platform and to prevent uses that are contrary to contract or abusive remains unaffected.

§ 11 Blog Posts and Editorial Content

(1) Within the app, the provider may make available blog posts, editorial information, notices, and other content.

(2) This content serves exclusively general information purposes. It constitutes neither individual advice nor a guarantee or assurance of particular results.

(3) Insofar as content concerns animal-related topics, it does not replace veterinary or other expert individual advice.

§ 12 Availability, Maintenance and Changes to Services

(1) The provider does not owe constant, uninterrupted, and error-free availability of the app.

(2) Maintenance work, security updates, technical changes, further developments, and capacity adjustments may lead to temporary restrictions.

(3) The provider is entitled to change, expand, restrict, or discontinue functions, content, and technical processes, insofar as there is an objective reason for this and the user is not thereby unreasonably disadvantaged.

§ 13 Liability of the Provider

(1) The provider is liable without limitation in cases of intent and gross negligence, in cases of culpable injury to life, body, or health, and under the German Product Liability Act.

(2) In the case of slightly negligent breach of essential contractual obligations, the provider's liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely.

(3) In all other respects, the provider's liability for slight negligence is excluded.

(4) The provider assumes no warranty for user content and does not adopt it as its own.

(5) Insofar as liability is excluded or limited, this also applies in favor of the provider's bodies, legal representatives, employees, and vicarious agents.

§ 14 Indemnification

The user indemnifies the provider against all claims by third parties that are based on an unlawful use of the app for which the user is responsible, a violation of these Terms of Use, or an infringement of rights through content posted by the user. The indemnification also includes the reasonable costs of legal defense.

§ 15 Changes to These Terms of Use

(1) The provider is entitled to change these Terms of Use with effect for the future, insofar as there is a valid reason for this. A valid reason exists in particular in the case of changes to the legal situation, case law, technical conditions, security requirements, market conditions, the business model, or the range of services.

(2) Changes will be communicated to the user in an appropriate manner in good time before they take effect.

(3) Insofar as a change is more than insignificant, the user's rights are safeguarded in accordance with the statutory requirements.

§ 16 Final Provisions

(1) German law applies, unless and insofar as no other law is mandatorily applicable.

(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the registered place of business of the company is the exclusive place of jurisdiction for all disputes arising from or in connection with the content of the contract or the contract itself. The same applies if the user does not have a general place of jurisdiction in Germany. If the user against whom the provider brings a claim relocates their domicile or habitual residence outside the scope of the German Code of Civil Procedure after the conclusion of the contract, or if their domicile or habitual residence is unknown at the time the action is brought, the exclusive place of jurisdiction is the registered place of business of the provider.

(3) Should individual provisions of this contract be or become wholly or partially invalid, or should this contract contain a gap, the validity of the remaining provisions or of the contract as a whole shall not be affected thereby. In place of the invalid provision, the contracting parties shall endeavor to agree on the valid provision that corresponds to the meaning and purpose of the invalid provision, and in the case of a gap, the provision shall be deemed agreed that corresponds to what would have been agreed in accordance with the meaning and purpose of this contract had the matter been considered from the outset.

In all other respects, the respective statutory provision under applicable law applies, unless otherwise provided in these Terms of Use.