END USER LICENCE AGREEMENT (EULA)

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Translation notice: This EULA may be localised into other languages. The legally binding version is the German original (de-DE). Original: rattlestork.org/de-DE/EULA.

1. THE APPLICATION

RattleStork (the licensed application) is software that connects users, in particular donors and recipients, and is designed for iOS and Android devices (Devices). It is a matching and communication platform in the context of sperm donation and co-parenting. The app does not provide medical or legal services and does not operate a medical facility or a sperm bank.

The app is not tailored to sector-specific regulations, such as HIPAA, FISMA or GLBA. Do not use the app if such laws apply to your individual case.

2. ELIGIBILITY and ACCOUNT

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher). You are responsible for securing your access credentials and for all activity under your account. The licensor may introduce identity/age verification (optional or mandatory) and may suspend or terminate accounts for violations of this EULA.

3. SCOPE OF LICENCE

3.1 A non-transferable, non-exclusive, non-sublicensable licence to install/use the app on devices you own or control, as permitted by the terms of use (including Family Sharing/volume licences, where applicable).

3.2 Updates/enhancements are subject to this EULA, unless a separate licence applies.

3.3 You may not share, sell, rent, lend, lease, distribute, reverse-engineer, decompile, disassemble, modify, or create derivative works from the app, except to the extent mandatory law permits or with the prior written consent of the licensor.

3.4 You may make backup copies for your own devices; remove the app before transferring a device. Do not remove any proprietary notices.

3.5 Violations or attempts may be subject to criminal or civil prosecution and liability for damages. The licensor may modify licence terms going forward.

3.6 Nothing in this licence limits applicable third-party terms; you must comply with them when using the app.

4. TECHNICAL REQUIREMENTS

Requires firmware/OS version 1.0.0 or later (latest version recommended). Compatibility may change; specifications may be updated at any time. You are responsible for ensuring that your device meets the requirements.

5. MAINTENANCE AND SUPPORT

Maintenance and support are solely the responsibility of the licensor. The services (Apple/Google) are not obliged to provide support for the app. SeeSection 23.

6. USE OF DATA

The processing of personal data is governed by our Privacy Policy. The app may collect technical data to provide support, deliver updates, improve features and ensure integrity and security. Store operators process payment data; the licensor does not store full payment details.

7. USER-GENERATED CONTENT (UGC)

You may create or share content (text, images, audio/video, profile details, messages, etc., UGC). UGC may be visible to others depending on settings and app functionality. You warrant that you own the rights to your UGC; that it is lawful, accurate and non-infringing; that it respects privacy and personality rights; and that it does not contain illegal content, threats, harassment, hate or depictions of sexual child abuse. No spam or unauthorised advertising.

The licensor may, at its discretion, remove, restrict or re-categorise UGC to protect users or to comply with laws, this EULA and our Acceptable Use Policy.

8. LICENCE TO UGC

To provide and improve the service, you grant the licensor a non-exclusive, worldwide, transferable, royalty-free licence to host, store, reproduce, display, perform, transmit and technically adapt your UGC exclusively to provide the app (including moderation, security and backup). This licence ends when your UGC has been deleted from our systems, except where legal retention or the resolution of disputes or security logs require longer storage within the limits of the law. You retain ownership; to the extent permitted by law you waive moral rights.

9. FREEMIUM, BENEFITS AND SUBSCRIPTIONS

RattleStork offers a free tier with limited features as well as premium subscriptions with extended features. Benefits may vary by country, platform (iOS, Android, Web) and billing cycle. Current plans, prices and details are shown in the app or on our Subscription Overview.

Examples (not exhaustive): Free users may send up to three first messages per month and see 'last online'; premium users may send unlimited first messages, see 'last active' and use visibility boosts.

Subscriptions automatically renew unless cancelled. Renewal charges may occur up to 24 hours before the end of the period. Trial periods (if offered) may be forfeited upon purchase. Management and cancellation via Apple / Google. Refunds are handled by the store operator; the licensor does not issue refunds except where required by law.

10. RIGHT OF WITHDRAWAL (EU)

EU consumers generally have a 14-day right of withdrawal for distance sales of digital content or services. This right may cease as soon as provision begins with your prior express consent and confirmation of the loss of the right of withdrawal. Purchases via Apple/Google are subject to their processes and policies.

11. SAFETY AND NO ADVICE

The app does not provide medical, legal or professional advice. Information is general and does not replace professional advice. You are responsible for your decisions and interactions. Exercise caution and care, especially when meeting in person.

12. NOTICE-AND-ACTION (ILLEGAL CONTENT)

Report allegedly unlawful content or breaches via our contact form or the in-app report function (profile/messages menu). Provide the content URL or profile, a description, the legal basis if applicable and your contact details. We review reports without undue delay, take appropriate measures and provide — for example under the EU DSA — a justification including remedies, where legally required.

13. LIABILITY

The licensor's liability is limited to intent and gross negligence. For breach of essential contractual obligations (cardinal obligations) the licensor is also liable for simple negligence, limited to foreseeable, contract-typical damages. Liability for injury to life, body or health and any mandatory statutory liability remains unaffected.

14. WARRANTY

At the time of download the app is free from malware and substantially conforms to its description. No warranty applies where the app is used on unsupported devices/OS, unauthorised modification, misuse or combination with unsuitable hardware/software/accessories, or for causes beyond the licensor's control.

Defects must be reported without undue delay (within 30 days of discovery). After confirmation the licensor may remedy the defect or provide a replacement. For store purchases you may request a refund of the purchase price from the store operator; beyond that the store has no additional warranty obligations. For businesses claims for defects expire 12 months after provision; for consumers statutory periods apply. Statutory consumer rights remain unaffected.

15. PRODUCT CLAIMS

The licensor is responsible for handling claims from end users/third parties relating to the app or your possession/use — including product liability, non-compliance with legal/regulatory requirements and claims under consumer/data protection law — not the services.

16. LEGAL COMPLIANCE (SANCTIONS)

You warrant and represent that you are not located in a country subject to a US government embargo or designated as a 'state-sponsor of terrorism', and that you are not listed on any US sanctions lists for prohibited/restricted parties.

17. TERMINATION

This EULA remains in effect until terminated by you or the licensor. Your rights end automatically without notice if you breach this EULA. After termination you must stop using the app and delete all copies. Cancel subscriptions in your store settings.

18. THIRD-PARTY TERMS AND BENEFICIARIES

The licensor complies with applicable third-party terms. Apple and Google (and their subsidiaries) are third-party beneficiaries of this EULA and may enforce it against you after your acceptance.

19. INTELLECTUAL PROPERTY

If a third party alleges that the app or your possession/use infringes intellectual property rights, investigation, defence, settlement and resolution of such claims are the responsibility of the licensor (not the services), subject to statutory rights/defences.

20. APPLICABLE LAW AND CONSUMER RIGHTS

This EULA is governed by German law (excluding conflict-of-law rules). If you are a consumer habitually resident in another EU Member State, you will additionally benefit from the mandatory provisions of your state of residence. Nothing in this EULA affects such rights.

21. CHANGES TO THIS EULA

We may change this EULA from time to time. Material changes will be notified in the app and/or by other appropriate means before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the service and cancel subscriptions in the Store settings.

22. MISCELLANEOUS

22.1 Severability clause. If any provision is invalid, the remainder remains effective; invalid provisions will be replaced by ones that most closely reflect the original intent.

22.2 Written form. Side agreements, amendments and supplements must be made in writing; a waiver is only effective if made in writing.

22.3 No assignment. You may not assign this EULA or rights arising from it without the prior written consent of the licensor.

22.4 Entire agreement. This EULA incorporates our Terms of Use, Privacy Policy, Cookie Policy and Acceptable Use Policy; these apply additionally.

23. CONTACT

RattleStork UG (limited liability)
Sternstraße 23, 39104 Magdeburg, Germany
Contact and reports: rattlestork.org/contact
E-mail: rattlestork[at]gmail.com