Terms of use

Preamble

The following terms of use of Dogorama GmbH, Floßplatz 6, 04107 Leipzig, Germany (hereinafter Dogorama, us or we), govern the relationship between Dogorama and its users. Dogorama offers an app for dog owners and aims to ensure smooth service provision and high user satisfaction with these terms of use. With these terms, we want to regulate the free use as well as membership in our Dogorama Club, including all functions, offers, content, and other services that can be booked and are provided within this framework.

If you have any questions regarding these terms of use, please feel free to contact us at legal@dogorama.app at any time.

The terms of use for business users can be found further below.

Scope

These terms of use apply between us and our users and govern the use of our services regardless of the user's general terms and conditions, which do not apply in this respect. Our app can be downloaded from the Google Play Store and the Apple App Store; the general terms and conditions of Google and Apple must be observed and apply in addition to our terms of use.

The terms of use for business users can be found further below.

Conclusion of contract

  1. The contract between us and the user is concluded upon registration and creation of a customer account for our services, or at the latest when we provide services or when our services are used.
  2. We may refuse to conclude the contract or withdraw from concluded contracts if there is good cause, e.g., if there is reasonable suspicion that you intend to misuse the services.
  3. You must comply with all guidelines provided to you within the service. You agree to use the service only for the purposes permitted in these terms.
  4. We reserve the right to exclude users who violate our terms of use, codes of conduct, or generally accepted standards of decency and morality from use, to block accounts, and to take legal action in serious cases. (See in particular "Duties of users" No. 8)

Subject / Service description

Our users have the opportunity to present themselves with their own profile and activities in our app and to interact with other users.
Dog owners can create a user profile and use further associated functions. In addition to the direct chat function between users, there is the possibility to publish and participate in the forum and to share content on the feed.
Furthermore, the user can use the radar (see below for permissions and location data processing) to find veterinarians, dog parks, and other users. We also offer our users a danger radar, where the user can receive poison bait warnings or other dangers in their area. A profile of the user's dog can also be created.

Club membership

  1. In addition to our free functions, we offer our users a closed "Club area," which is subject to a fee.
  2. The paid membership is hereinafter referred to as "Club membership." Our Club membership is generally personal. All services and features of the Club membership may only be used by the respective Club member.
  3. The Club membership is concluded by selecting and confirming the respective membership (monthly or annual membership) and paying the associated fee.
  4. The details of the services and features of the Club membership can be found in the app. Dogorama tries to provide all services described there to Club members throughout the entire duration of the membership and to continuously expand the features. However, there is no entitlement to individual features or expansion. The Club member acknowledges that features and services can be removed, changed, or replaced by others at any time and without prior notice.
  5. In principle, all services and features are accessible to all Club members. However, some special features or services within the features are only accessible in the annual membership. The special services are described and highlighted in the service description in the app.

Remuneration and payment options

  1. The use of our services in our app is free of charge.
  2. The prices for our Club membership are published in the app and on the website and can be viewed at any time. Only the prices and conditions stated there apply. Dogorama reserves the right to change prices at any time.
  3. The fees for the Club membership are due for payment immediately upon conclusion for the entire term.
  4. Payment of the membership fee is made via the respective app store (subscriptions) or via the Dogorama website (Mollie) and is processed according to the conditions underlying them.

Availability

  1. Our goal is to offer our users an absolutely secure and always available service. However, even with the greatest care, 100% availability cannot be guaranteed.
  2. In particular, outages due to force majeure, power failures, system maintenance, and impairments in the sphere of the parties involved in providing the service can affect availability. We will do everything in our power and take precautions to achieve almost uninterrupted availability.
  3. The hardware and software and technical infrastructure used by the user can also influence our services. If such circumstances affect the availability or functionality of the service we provide, this does not affect the contractual conformity of the services provided. In the event of a service outage, the user has no claim for damages or reimbursement of expenses.

Duties of users

  1. To use our services, registration by the user is required. Only one-time registration and creation of a user profile is allowed per user. User profiles are not transferable.
  2. All actions that are likely to impair the functionality of our app are prohibited.
  3. Only users over the age of 16 are permitted to use our services.
  4. Users may only provide true and non-misleading information in their profiles and in interactions with other users.
  5. In particular, applicable laws, good morals, and all rights of third parties must be observed when using the service.
  6. It is strictly forbidden to provide offensive or defamatory content, to use pornographic, violence-glorifying, content that violates youth protection laws or good morals, or to advertise, offer, or distribute pornographic, violence-glorifying, or otherwise illegal products, as well as to harass other users unreasonably or to use legally protected content without authorization.
  7. We reserve the right to remove or block content and information if we believe that they violate our terms of use or applicable law.
  8. Content that constitutes a criminal offense (e.g., insult, defamation, incitement of the people) will be reported by us immediately. Filing the report and the associated processing triggers an appropriate contractual penalty and processing fee, which we determine on a case-by-case basis.

Rights of users

  1. By submitting their content, the user grants us a non-exclusive, unlimited in content, geographically and temporally unrestricted and irrevocable, transferable and sublicensable, and royalty-free right of use and exploitation.
  2. The user assures that they have the necessary rights of use and exploitation for all content they submit for the use of our services. The user indemnifies us from all claims by third parties that they assert against us due to the content posted by the user and any rights to such content or legal violations by such content. The user assumes all reasonable costs arising from a violation of third-party rights, including the costs of legal defense. Further rights and claims for damages remain unaffected.

Contract duration and termination

  1. The free use can be terminated at any time without giving reasons. Termination can be carried out directly in the app in the menu under "Close account." The account will then be closed and the user agreement terminated. Termination can also be made by email or letter to the addresses listed in our legal notice. When terminating, the username and the registered email address of the user must be provided.
  2. Club membership can be terminated at any time in the respective app store according to the conditions underlying it. Outstanding contributions can also be collected after termination.
  3. If Club membership is terminated, blocked, or otherwise restricted by Dogorama due to a violation of these terms of use, payment obligations (duration of the respective subscription) remain unaffected. Refunds of payments made are excluded.
  4. We reserve the right to terminate without notice for good cause. Such good cause exists in particular in the following cases: non-compliance with legal regulations or a breach of the user's contractual obligations, in the case of unauthorized advertising that violates these terms of use, or if the user harms or impairs other users.
  5. In addition to termination, the user's content and profile may be deleted, and further legal action may be taken.

Responsibility for user content, data, and information

We accept no responsibility for content, data, or information provided, or for content on linked external websites. In addition, we are not obliged or able under legal regulations to check the legality of content uploaded or published by members or to monitor it or to investigate circumstances indicating illegal activity. This also applies to hyperlinks.

Conduct and behavior in the forum

The following conditions apply to the use of our forum. Use of the forum is only permitted if you as a user accept these terms of use.
In the event of violations of these terms of use, we are entitled to move and delete posts in whole or in part, as well as to warn user accounts, temporarily block them, revoke writing rights, or delete accounts. We act at our own discretion, taking into account the individual case, the severity of the violation, and the frequency of previous violations and warnings.
Posts moved or deleted by us may not be reposted.
As a forum user, you agree to conduct discussions in a factual manner and not to make insults, abusive criticism, false statements of fact, or similar statements about individuals or groups.
As a forum user, you agree not to make discriminatory, racist, anti-Semitic, sexist, inciting, or misanthropic statements or to use vulgar or obscene language.
As a forum user, you agree not to incite criminal acts, not to condone criminal acts, and not to announce criminal acts. Criminal behavior may be reported by us.
As a forum user, you agree not to publish content harmful to minors.
As a forum user, you agree to comply with data protection regulations. This includes refraining from publishing private messages of any kind without the explicit consent of the senders and from publishing other personal or personally identifiable data, such as names, addresses, and telephone numbers. This also applies if this data is freely available on the Internet. Further details can be found in our privacy policy.

Video vet

Registered users have the option to book a video veterinary consultation via our partner Pfotendoctor. For this purpose, we refer in our app to the website of Pfotendoctor (https://pfotendoctor.de). The subsequent process of booking an appointment, payment, and use of the service is the sole responsibility of Pfotendoctor and is handled exclusively via their website or app. Further information on the terms of use of Pfotendoctor: https://pfotendoctor.de/allgemeine-geschaeftsbedingungen
The use of the video vet is not available in all countries where our app is available.

Liability

  1. We are liable for damages without limitation in cases of intent and gross negligence resulting from a breach of duty by us. Furthermore, we are liable for culpable injury to life, limb, or health in accordance with the statutory provisions.
  2. Otherwise, liability on our part arises only under the Product Liability Act, for culpable breach of essential contractual obligations (so-called cardinal obligations), or in the case of fraudulent concealment of a defect. The claim for damages for culpable breach of essential contractual obligations is, however, limited to the typical foreseeable damage, unless one of the previously listed cases also applies.
  3. To the extent that liability for us is excluded or limited, this also applies to the personal liability of shareholders, employees, representatives, and vicarious agents.

Privacy

  1. When providing our services, we process personal data. This includes data from our customers as well as personal data of third parties processed as part of our offers. We strictly comply with the requirements of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act, as well as other relevant data protection laws.
  2. In addition, the user is responsible for their application, its content, and any use in our services and must ensure, in particular, not to violate the personal rights of third parties or unlawfully process personal data.
  3. Further details can be found at any time in our privacy policies.

Final provisions and amendment of the terms of use

  1. We reserve the right to change these terms of use at any time, provided this is necessary for good cause, in particular due to a change in the legal situation, technical changes or further developments of our services, gaps in the terms of use, changes in the market situation, or other comparable reasons, and does not unreasonably disadvantage the customer. Changes will be communicated to the customer at least four weeks before they take effect in writing or by email. The changes become effective if the customer does not object in writing or by email within this four-week period and we have informed the customer of this legal consequence in the change notification.
  2. If the user objects to the amended terms of use, we are entitled to terminate the contract without notice and to delete all content posted by the user.
  3. Counterclaims against us may only be set off or a right of retention asserted with undisputed or legally established counterclaims.
  4. Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions shall not be affected.
  5. German law applies to disputes and all legal relationships arising from these terms and conditions, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws.
  6. The exclusive place of jurisdiction for all disputes arising from or in connection with these general terms and conditions is Leipzig.

Right of withdrawal for consumers

Withdrawal instructions

Natural persons who conclude the contract with us (Dogorama GmbH, Floßplatz 6, 04107 Leipzig, Germany) for the provision of services for purposes that are not attributable to their commercial or independent professional activity are entitled to the statutory right of withdrawal described below.

Right of withdrawal

You have the right to withdraw from this contract within 2 weeks without giving any reason from the day the contract is concluded. To exercise your right of withdrawal, you must inform us by means of a clear statement by letter, email, or fax of your decision to withdraw from this contract. The period begins after you have set up your user profile with us, but not before you have received this instruction. To meet the withdrawal deadline, it is sufficient to send the withdrawal in time.

Premature expiry of the right of withdrawal

The right of withdrawal expires in the case of a contract for the provision of services if we have fully performed the service and have only begun to perform the service after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by the entrepreneur.

Consequences of withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned. If the service received from the operator cannot be returned in whole or in part, the user must pay compensation for the value to that extent. If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

  • To: Dogorama GmbH, Floßplatz 6, 04107 Leipzig, Germany
  • I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
  • Ordered on  
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if notified on paper)
  • Date

(*) Delete as appropriate

Terms of use for business users

Preamble

The following terms of use of Dogorama GmbH, Floßplatz 6, 04107 Leipzig, Germany (hereinafter Dogorama, us or we), govern the relationship between Dogorama and its business users.

Business users are merchants, freelancers, and other entrepreneurs within the meaning of § 14 BGB.

Dogorama offers an app for dog owners as well as businesses (see "Scope" for details) and aims to ensure smooth service provision and high user satisfaction with these terms of use. If you have any questions regarding these terms of use, please feel free to contact us at legal@dogorama.app at any time.

Scope / conflicting terms and conditions of the business user

These terms of use apply between us and our business users and govern the use of our services, regardless of the terms of use or general terms and conditions of the business user, which do not apply in this respect. Our app can be downloaded from the Google Play Store and the Apple App Store; the general terms and conditions of Google and Apple must be observed and apply in addition to our terms of use.

Business users, who must prove their activities in the permitted areas (see verification), include only activities permitted by us, such as dog training, veterinary services, shops, dog boarding, and other business activities mentioned in our app.

We reserve the right to check the admissibility and to shorten or extend the permitted activities at any time.

The business user has no right to have a business activity recognized as permitted.

Further information and descriptions of the business activities recognized by us can be found in our app.

Conclusion of contract / registration and verification

The contract between us and the user is concluded upon registration and creation of a customer account for our services, or at the latest when we provide services and confirm the business activity.

We may refuse to conclude the contract or withdraw from concluded contracts if there is good cause, e.g., if there is reasonable suspicion that you intend to misuse the services.

You must comply with all guidelines provided to you within the service. You agree to use the service only for the purposes permitted in these terms.

The business user is particularly obliged to comply with general and special laws in the context of their business use and offers. This includes, but is not limited to, animal welfare laws as well as laws and regulations against discrimination and unequal treatment.

The business user must provide truthful, current, and complete information when registering. This data and evidence, especially name and address as well as authorization to represent, must always be kept up to date in the member account.

The natural person who registers must be authorized to represent effectively and must provide proof of this upon request. This person is the administrator of the business member account.

Business membership is not transferable and the access data may only be used by the administrator or user(s) to whom it was assigned by us. It must be kept secret. Please inform us immediately if you become aware of any misuse.

In the event of violations of the above or other obligations under these terms of use, Dogorama reserves the right to assess each violation and to set an appropriate contractual penalty, which the business user must pay. The business user has the option to have the amount and appropriateness of the contractual penalty reviewed by a court.

Subject / Service description

Our business users have the opportunity to present themselves with their own profile and activities in our app and to interact with other users.

In addition to a free basic membership, business users have the option to book paid offers.

Paid offers ("in-app purchases") are the "Premium" packages shown in the app with the services highlighted therein. The services communicated at the time of purchase apply.

Part of Dogorama may be editorially researched and created entries with information about local businesses, e.g., information on address and contact details, opening hours, photos and descriptions, offers or services. If such an entry refers to the business user's company, the business user can, after verifying their membership, apply to take over this entry for their own management and use as their business profile. An entry may only be taken over by the owner of the business shown in the entry.

From the successful takeover, the business user is responsible for the content of the adopted entry. The business user is particularly obliged to check the content immediately for accuracy and legal admissibility and to adjust it if necessary and to keep it up to date.

Remuneration and payment options

The use of basic functions for business users in our app is generally free of charge. Basic functions include, in particular, uploading images and texts as well as display in the radar. Further information can be found in our app.

Payment is made via the respective app store (subscriptions) and is processed according to the conditions underlying them.

All prices for business members are exclusive of statutory VAT, unless otherwise stated. The invoice may be sent electronically, e.g., by email (applies only to the webshop). The invoicing regulations of the respective app store also apply.

The paid services mentioned are offered as automatically renewing subscriptions. The subscriptions are automatically renewed at the end of the respective subscription unless the subscription is canceled.

Our offers and prices as shown in our app apply. In general, all fees for purchases are non-refundable and there are no refunds or credits for partially used periods.

Availability

Our goal is to offer our users an absolutely secure and always available service. However, even with the greatest care, 100% availability cannot be guaranteed.

In particular, outages due to force majeure, power failures, system maintenance, and impairments in the sphere of the parties involved in providing the service can affect availability. We will do everything in our power and take precautions to achieve almost uninterrupted availability.

The hardware and software and technical infrastructure used by the user can also influence our services. If such circumstances affect the availability or functionality of the service we provide, this does not affect the contractual conformity of the services provided. In the event of a service outage, the user has no claim for damages or reimbursement of expenses.

Duties of users

All actions that are likely to impair the functionality of our app are prohibited.

When using Dogorama, the business user is obliged to comply with the applicable legal regulations and to ensure that their administrator and the users they have set up also comply with them. This applies, for example, to the protection of the personal rights of other users as well as copyright for photos or advertising with electronic messages.

Only users over the age of 16 are permitted to use our services.

Business users may only provide true and non-misleading information in their profiles and in interactions with other users.

It is strictly forbidden to provide offensive or defamatory content, to use pornographic, violence-glorifying, content that violates youth protection laws or good morals, or to advertise, offer, or distribute pornographic, violence-glorifying, or otherwise illegal products, as well as to harass other users unreasonably or to use legally protected content without authorization.

We reserve the right to remove or block content and information if we believe that they violate our terms of use or applicable law.

Content that constitutes a criminal offense (e.g., insult, defamation, incitement of the people) will be reported by us immediately. Filing the report and the associated processing triggers an appropriate contractual penalty and processing fee, which we determine on a case-by-case basis.

We do not check stored content from users in advance. However, we reserve the right to block or delete it at any time, especially if we become aware of a legal violation in content. We expressly reserve the right to delete and/or block content for other reasons. These reasons are at our discretion. We are not obliged to inform users of these reasons.

The business member remains the owner of their content (e.g., photos, comments, or posts published by them on Dogorama). If such content is subject to a property right (e.g., copyright in a photo or text), the business member grants us the right to use the content for the operation of Dogorama. This right of use is non-exclusive and unlimited in time and place. If necessary, we may also transfer or sublicense the right of use.

Please note that the scope of a business membership may differ from that of a normal membership.

Contract duration and termination

Use can be terminated at any time without giving reasons. Termination can be carried out directly in the app in the menu under "Close account." The account will then be closed and the user agreement terminated. Termination can also be made by email or letter to the addresses listed in our legal notice. When terminating, the username and the registered email address of the user must be provided.

We reserve the right to terminate without notice for good cause. Such good cause exists in particular in the following cases: non-compliance with legal regulations or a breach of the user's contractual obligations, in the case of unauthorized advertising that violates these terms of use, or if the user harms or impairs other users.

The statutory right of each party to terminate for good cause remains unaffected. This right of termination is available to us in particular if the business member not only negligibly breaches their contractual obligations and continues or repeats the breach even after a warning from us. We may waive a warning if it is not required by law. Deleting the profile or deleting the app does not terminate the subscription. The business user will be informed of changes to the prices of the premium services they have subscribed to and will have the opportunity to cancel. If prices or services are changed and the subscription is not canceled, the business user agrees that the chosen payment method will be charged at the then current prices for the subscription.

Liability

We are liable for damages without limitation in cases of intent and gross negligence resulting from a breach of duty by us. Furthermore, we are liable for culpable injury to life, limb, or health in accordance with the statutory provisions.

Otherwise, liability on our part arises only under the Product Liability Act, for culpable breach of essential contractual obligations (so-called cardinal obligations), or in the case of fraudulent concealment of a defect. The claim for damages for culpable breach of essential contractual obligations is, however, limited to the typical foreseeable damage, unless one of the previously listed cases also applies.

To the extent that liability for us is excluded or limited, this also applies to the personal liability of shareholders, employees, representatives, and vicarious agents.

Privacy

When providing our services, we process personal data. This includes data from our customers as well as personal data of third parties processed as part of our offers. We strictly comply with the requirements of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act, as well as other relevant data protection laws.

In addition, the user is responsible for their application, its content, and any use in our services and must ensure, in particular, not to violate the personal rights of third parties or unlawfully process personal data.

Further details can be found at any time in our privacy policies.

Final provisions and amendment of the terms of use

We reserve the right to change these terms of use at any time, provided this is necessary for good cause, in particular due to a change in the legal situation, technical changes or further developments of our services, gaps in the terms of use, changes in the market situation, or other comparable reasons, and does not unreasonably disadvantage the customer. Changes will be communicated to the business user at least four weeks before they take effect in writing or by email. The changes become effective if the business user does not object in writing or by email within this four-week period and we have informed the business user of this legal consequence in the change notification.

If the business user objects to the amended terms of use, we are entitled to terminate the contract without notice and to delete all content posted by the business user.

Counterclaims against us may only be set off or a right of retention asserted with undisputed or legally established counterclaims.

Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions shall not be affected.

German law applies to disputes and all legal relationships arising from these terms and conditions. The exclusive place of jurisdiction for all disputes arising from or in connection with these general terms and conditions is Leipzig.