Terms and Conditions
Last updated 19.11.2022
These Terms and Conditions ("Terms", "Terms and Conditions") apply generally to the use of the service modest (the "Service" or “modest.app”), and constitute a contract between you and the company providing the Service, Vincent Will, Landsberger Allee 171D, 10369 Berlin, Germany ("The Company", "Modest", “us”, “we”, or “our”). These terms govern your access to and use of the modest.app website (the "Service"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service display Content that is not Modest AS's (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Modest and User Content collectively, unless otherwise specified. For purposes of these Terms, “you” and “your” means you as the user of the Service.
By using modest.app you agree to these Terms and Conditions. If you don’t agree to the Terms, you can’t use modest.app. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
We may change these Terms at any time. We keep a historical record of all changes to our Terms on GitHub. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. When you use the Service, now or in the future, you are agreeing to the latest Terms and Conditions. That is true for any of our existing and future products and all features that we add to the Service over time.
If you violate any of the terms, we may terminate your account.
To access the Service, you must register for a modest.app account by confirming your email or using the social logins. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and The Company reserves the right to verify this at any time. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.
By registering, you agree that you are fully responsible for all activities that occur under your email address. You are responsible for your use of modest.app, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”). User Content includes content displayed in your public vibes. Do not include sensible information or information that you do not want to make public in your public vibe. We may assume that any communications we receive under your account have been made by you.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Restrictions on Content and Use of the Service
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We also reserve the right to report illegal activity to applicable local authorities.
Prohibited User Content includes, without limitation, content which:
- is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
- displays or links to pornographic, sexually explicit or any other indecent material;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
- infringes on others’ trademarks, copyright or legal rights;
- contains restricted or password only access pages or hidden pages or images;
- solicits passwords or personal data from other users;
- violates the rights of or harms or threatens the safety of other users or the Service.
- shares personal information about others, without their consent.
Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.
We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
Intellectual Property Rights
All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Vincent Will.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us and our partners that you access through the Service.
User Content and Feedback
You retain your rights to any Content you submit, post or display on or through the Service. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Vincent Will, and The Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Vincent Will any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
We will comply with German and EU privacy regulations.
Links to other websites or services
Our Service may contain links to third party web sites or services that are not owned or controlled by Vincent Will. Our Service may also allow you to import or interface with third party applications or services.
Vincent Will has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Vincent Will shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.
Limitation of liability
The Company shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.
Vincent Will may need to send you information about the Service, such as important service announcements and administrative messages, by email, by posting a notice on the Website, or through any other relevant communication channels.
Vincent Will provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. Vincent Will makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Vincent Will will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Vincent Will will make reasonable efforts to arrange updates and maintenance outside of peak usage hours
You agree to indemnify, defend and hold harmless Vincent Will and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Vincent Will reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Vincent Will in asserting any available defenses.
If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Vincent Will is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Choice of Law and Dispute Resolutio
The Terms shall be governed by and interpreted in accordance with German law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the German courts with the district court of Berlin, Germany as the legal venue
You may contact us regarding the Service or these Terms at: Vincent Will, Landsberger Allee 171D, 10369 Berlin, Germany, or via email to firstname.lastname@example.org