Last updated:
Translation note: This version is for understanding and may later be localised via i18n. Only the original en-US version is legally binding. Original: rattlestork.org/en-US/EULA.
Related policies: Terms of Use · Privacy Policy · Cookie Policy · Return/Refund Policy · Acceptable Use Policy · Imprint · EULA · Disclaimer
We are RattleStork UG (limited liability) ("Company", "we", "us", "our"), a company registered in Germany with the address Sternstraße 23, 39104 Magdeburg, Germany. Our VAT ID is 102/115/07476.
We operate the website https://rattlestork.org (the "Website"), the mobile application RattleStork (the "App") as well as other related products and services that refer to these terms (the "Terms") (together the "Services").
You can reach us by phone at (+49) 178 681 5219, by email at rattlestork@gmail.com or by post at Sternstraße 23, 39104 Magdeburg, Germany.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an organisation ("you"), and RattleStork UG (limited liability) regarding your access to and use of the Services. By accessing the Services, you confirm that you have read and understood these Terms and agree to be bound by them. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE USE.
Supplemental terms or documents posted from time to time in the Services are hereby incorporated by reference. We may amend these Terms occasionally. We update the "Last updated" date above; your continued use after changes take effect constitutes acceptance. The Services are intended for users aged at least 18 years or older.
We recommend printing a copy of these Terms for your records.
The information provided through the Services is not intended for distribution or use by persons or entities in jurisdictions where such distribution or use would violate law or regulation or subject us to registration requirements. Users from other regions act on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you must not use the Services. You must not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
All rights to the Services, including source code, databases, functionality, software, designs, audio, video, text, photographs and graphics (the "Content") as well as trademarks, service marks and logos (the "Marks") belong to us or are licensed. Content and Marks are legally protected and provided "AS IS" solely for your personal, non-commercial use or internal business purposes.
Subject to these Terms (including Section 6) we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download/print lawfully accessible Content for personal, non-commercial or internal business use. Any other use requires our prior written consent. We reserve all rights not expressly granted. Any breach of this section is material and immediately terminates your rights.
By using the Services you represent and warrant that: (1) All registration information you submit is true, accurate, current and complete and will be maintained accordingly; (2) You are legally capable and agree to these Terms; (3) You are of legal age; (4) You do not access via automated/non-human means; (5) You do not use the Services for illegal/unauthorised purposes; and (6) Your use complies with applicable law. Violations may result in account suspension/termination.
An account may be required to use the Services. Keep your password confidential; you are responsible for all activity under your account. We may reclaim or change usernames that are inappropriate.
Subscriptions automatically renew unless cancelled. You authorise recurring charges until cancellation. Billing cycles depend on the chosen plan.
Cancel anytime in your account; cancellation takes effect at the end of the current paid period. Questions: rattlestork@gmail.com.
We may adjust fees and will notify you hereunder as required by law.
You may not use the Services for purposes other than those provided or in violation of these Terms. Prohibited activities include but are not limited to: systematic data collection; deception; circumventing security measures; harassment; unlawful use; framing/mirroring; malware/spam/abuse; automated use or scraping; removing protection notices; impersonation; passive data collection; disrupting operations; bypassing access controls; copying/modifying software; reverse engineering except as legally permitted; use of automated systems; unauthorised account creation/email harvesting; competitive/commercial exploitation; advertising; selling/transferring your profile; creating false profiles.
The Services may allow posting content ("Posts"). Posts may be visible to others and treated as non-confidential/unprotected. You represent and warrant that your Posts comply with law, do not infringe rights, contain no unlawful/offensive content and do not violate privacy/data rights. Violations may lead to suspension/termination.
By posting Posts you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free licence to host, use, copy, reproduce, publish, display, distribute, reformat, translate, excerpt, create derivative works of and sublicense such Posts (including your image/voice/name) in all media. You waive moral rights to the extent permitted by law. You retain ownership of your Posts; we assume no liability. We may edit, recategorise, pre-screen or remove Posts at our discretion.
Accessing via the app grants you a revocable, non-exclusive, non-transferable, limited right to install and use the app on devices you own/control, subject to these terms. Prohibited (unless legally permitted) are: decompilation, reverse engineering, disassembly, derivation of source code, decryption, modification, creation of derivative works; legal violations; removal of protection notices; unauthorized commercial use; simultaneous multi-user access; development of competing products; automated requests/spam; use of our intellectual property to build accessories or apps.
Additional terms apply to apps obtained via Apple App Store or Google Play. App distributors are third-party beneficiaries and may enforce applicable terms. Maintenance/warranty obligations rest with us as per law; app distributors generally have no such obligations beyond store refund policies, where applicable.
Services may link to third-party websites or display third-party content. We do not monitor/support these and assume no responsibility. Use is at your own risk and subject to the third party's terms/privacy policies. Purchases via third parties are solely between you and the third party.
We may monitor violations; initiate legal action; deny/restrict/deactivate access to contributions; remove infringing files; and manage services to protect rights/property and ensure proper function.
See our Privacy Policy. By using the services, you agree to it. Services are hosted in Germany; use from other regions implies consent to transfer and processing in Germany.
If you believe material in the services infringes your copyright, notify us via the contact details in Section 26. False claims may lead to liability under applicable law.
These terms apply while you use the services. WE MAY, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO THE SERVICES TO ANYONE FOR ANY OR NO REASON, including breaches of these terms or applicable law. We may terminate your account and remove content at any time.
Upon termination/suspension, creating a new account under your name or alias is prohibited. We may pursue civil, criminal, and injunctive remedies.
We may change, adjust, or remove content or features at any time without notice. We do not guarantee availability and are not liable for downtime or service discontinuation.
These terms are governed by German law (excluding UN Sales Convention). If you are an EU consumer residing in another member state, you also benefit from mandatory protections of your residence state. Non-exclusive jurisdiction: courts of Saxony-Anhalt, Germany.
Before arbitration, parties shall attempt informal resolution of disputes for at least thirty (30) days after written notice.
Disputes will be resolved by a sole arbitrator under the arbitration rules of the European Centre of Arbitration (Strasbourg). Arbitration location: Magdeburg, Germany. Language: German. Governing law: Germany.
Arbitration is individual only: no class actions, collective proceedings, or representative claims to the extent permitted by law.
Disputes over intellectual property rights; theft, piracy, privacy intrusion, unauthorized use; and injunction requests may be brought before the competent court named in Section 16.
We may correct errors, inaccuracies, or omissions and update information in the services at any time without prior notice.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT). WE DO NOT GUARANTEE THE ACCURACY/COMPLETENESS OF CONTENT; UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION; OR THAT DEFECTS WILL BE CORRECTED. USE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS/REVENUE/DATA) ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY DOES NOT EXCEED THE AMOUNT YOU PAID US IN THE six (6) months PRIOR TO THE LIABILITY-TRIGGERING EVENT. SOME LAWS DO NOT ALLOW LIMITATIONS; IN SUCH CASES, THE ABOVE MAY NOT APPLY.
You agree to indemnify and hold us (including affiliates and employees) harmless from claims, losses, and expenses (including reasonable attorney fees) arising from: your contributions; your use of the services; your breach of these terms; your violation of third-party rights; or harmful acts toward other users. We may assume sole defense at your expense; you must fully cooperate.
We process certain data to operate the services. Despite routine backups, you are solely responsible for data you submit or related to your activities. We are not liable for loss or damage of such data.
By using the services, you consent to electronic communication and acknowledge that electronic signatures, contracts, orders, and records satisfy legal writing and delivery requirements.
If a complaint is not resolved, you may contact: California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210 or (916) 445-1254.
These terms and the policies published in the services constitute the entire agreement between you and us. Failure to enforce a provision does not constitute a waiver. We may assign our rights and obligations. We are not liable for causes beyond our reasonable control. If a provision is unlawful, void or unenforceable, the remainder remains effective. No partnership/agency is created. You waive objections to the electronic form of these terms and lack of signatures.
RattleStork UG (limited liability)
Sternstraße 23, 39104 Magdeburg, Germany
Phone: (+49) 178 681 5219
E-mail: rattlestork@gmail.com