Terms of service
ONEPICTURE is an application (hereinafter referred to as “ONEPICTURE App”) of
wag it GmbH (hereinafter referred to as “WAGIT”)
Director: Michael Meyer
Hohenzollernstraße 81, 80796 München
Amtsgericht München – HRB: 220597, UStIdent.: DE 304847614
Fax: +49(0) 89-14304007-11
Tel: +49(0) 89 14304007-32
By using the ONEPICTURE app, you agree to the following terms and conditions.
Art. 1 Object of the agreement
The ONEPICTURE app currently offers you the following functions or information. Please bear in mind that the ONEPICTURE app is being enhanced, so that the scope of functionality may change.
- The ONEPICTURE app is offered for iPhone with the operating system iOS 10 or higher.
- With the user’s consent, relevant data is transmitted by the ONEPICTURE app to WAGIT.
- The mobile communications provider’s costs incurred for the transmission of data by the ONEPICTURE app to WAGIT are to be borne by the user. This in particular also applies to the use of the ONEPICTURE app abroad and any roaming costs.
- Essential functions of the ONEPICTURE app. Home screen: Home page. Offers the opportunity to access the individual sections, in particular:
- Discover: Shows the pictures of other users of the ONEPICTURE App.
- Camera: Enables you to take a picture.
- Profile: Once you have posted a picture, it is shown on your profile.
WAGIT reserves the right to supplement its services, extend them, or also limit them or cease to provide them, in full or partially. We will inform you on the details by e-mail and on the WAGIT blog page.
Art. 2 Registration
- Before using the ONEPICTURE app, you need to register via Facebook Login. No claim to registration exists. In order to register, you need to give your name, e-mail address and a nickname.
- WAGIT’s services are directed at persons having unlimited legal capacity. Minors over the age of 12 years may only register with WAGIT with the express consent of their parents or legal guardians.
- Also after concluding the licence agreement, you can access these General Terms and Conditions of Business at this Link.
Art. 3 Obligations and rights of the user
- You may not use any mechanisms, software or other scripts in connection with the use of the ONEPICTURE app which may affect its functionality. No data may be saved (in particular viruses and/or trojans) which could impair the systems of WAGIT or third parties.
- The ONEPICTURE app is a copyright-protected software program. You receive an ordinary, non-exclusive, non-transferable and revocable right to use it personally. You are not entitled to decompile, alter or adapt the app beyond the scope provided for by applicable law.
- When using the ONEPICTURE app and its content, you need to take into consideration any contractual agreements with third parties, in particular with the app store operator or its Internet access provider.
- Use of the ONEPICTURE app itself is free of charge. However, costs may be invoiced by the mobile phone operator for the data transmission.
- Minors; consent of the parents
- If you’re over 16, you can fully use our services.
- Our services are not directed to children under 12 years of age. If you are between 12 and 16 years old, the consent of your parents is necessary for the use our services. By using our services, we assume that you have the consent of your parents.
Art. 4 Images and comments
- You keep the rights to any content you submit through the ONEPICTURE app. You grant WAGIT a perpetual, irrevocable, non-exclusive, worldwide, sub-licensable, fully-paid, royalty-free license to use, copy, reproduce, process, modify, adapt, transmit, distribute, and publish your content. When you post or otherwise share content on or through the ONEPICTURE app, you understand that your content and any associated information (such as your name, or profile photo) will be visible to the public.
- When you post your picture via the ONEPICTURE app, you can view and access it through the ONEPICTURE app. The picture is not saved to the image repository of your smartphone. You can, however, export the picture from your profile in the ONEPICTURE app and share it via third party apps like messengers or social networks.
- Pictures by other ONEPICTURE users are only admissible for use within the ONEPICTURE app. No reproduction of the picture (in particular by way of a screenshot) is permitted.
- You are to ensure that pictures are only shared using the ONEPICTURE app with the consent of those persons shown on the pictures, or only in so far as otherwise admissible in accordance with applicable law.
- The pictures taken and shared using the ONEPICTURE app may not violate applicable law, the rights of third parties or be immoral. It is in particular prohibited to publish visual material with the following content:
- Pornographic, sexist, defamatory, slanderous or racist content, or any pictures portraying minorities in a manner infringing their inalienable rights as human beings or degrading them otherwise, or infringing religious sensibilities;
- Racist or nationalist incitement of the people, instructions on committing murder, taking people hostage and other serious crimes, assisting or advertising on behalf of criminal or terrorist associations, portraying violence in a glorifying way, in such a way as to trivialise it, or in a manner aimed at degrading humanity;
- Portraying children and young people in unnatural, gender-accentuating postures;
- Pictures which show the person(s) portrayed in a derogatory manner, so that WAGIT can assume that the originator or the person depicted could not be in agreement with the publication. By way of clarification: This concerns any illustrations showing such a persons in any situation that violates personal rights, including sexual or implicit sexual actions or preferences, drug use or abuse, crime, physical or mental abuse or suffering or any other situation.
- In so far as you comment on pictures, such comments need to be in compliance with the respective applicable law.
Art. 5 Penalties and blocks
- WAGIT may in particular take the following steps if specific indications exist which suggest that a user is infringing statutory regulations or this licence agreement (in particular the obligations under Art. 3 and Art. 4), or if WAGIT has any other justified interest in doing so:
- Removal of individual images or all images or comments
- Admonishment of a user
- Provisional or final blocking of a user WAGIT shall, when deciding what kind of step to take, appropriately take the user’s justified interests into consideration.
- A blocked user may no longer use the ONEPICTURE app, even under other registrations, and may not re-register.
Art. 6 Term of the agreement, termination of the agreement and consequences of terminating the agreement
WAGIT and the user shall be entitled to terminate the agreement on the use of the ONEPICTURE app at any time. WAGIT may terminate the agreement by sending an e-mail to the user’s e-mail address given when registering, giving 14 days’ notice. The user may terminate at any time by sending an e-mail to email@example.com, giving 14 days’ notice. The right to block an account, as well as the further steps as detailed in WAGIT’s list of measures to be taken shall not be affected thereby.
Art. 7 Liability
- Statutory warranty claims exist.
- Moreover, any liability on the part of WAGIT - regardless of on what legal grounds - shall only exist if the damage
- has been caused by culpable infringement of one of the cardinal obligations or essential secondary obligations in a way that jeopardises achieving the contractual purpose or
- is attributable to gross negligence or wilful intent on the part of WAGIT.
- Should WAGIT be liable for the infringement of an essential contractual obligation in accordance with paragraph 2 a) above, without any gross negligence or wilful intent existing, the liability shall be limited to the scope of the damage, the emergence of which could typically be expected by WAGIT when concluding the agreement based on the circumstances known to it at that time. The latter shall apply in the same way to any losses brought about due to gross negligence or wilful intent on the part of employees or agents of WAGIT who are neither its directors nor senior executives. Liability for consequential damage, in particular lost profits or compensation for damage caused to a third party, shall be excluded unless WAGIT is guilty of wilful intent or gross negligence.
- Claims for compensation for damage under the Product Liability Act or for losses arising from injury to life, the body or the health, shall not be affected by the above limitations of liability.
Art. 8 Data privacy, confidentiality
- WAGIT warrants the security of the data entered into the system by you under data privacy law and shall adhere to the statutory provisions on data privacy, in particular the German Telemedia Act (TMG) and the Federal Data Privacy Act. The data privacy statement accessible via the ONEPICTURE app or at www.getwagit.com lays down the respective details.
- WAGIT shall treat all information and data transmitted by you confidentially, in line with this agreement and the data privacy provisions. WAGIT shall prevent unauthorised access to the user’s information and data by third parties by taking suitable precautions. WAGIT shall ensure confidentiality vis-à-vis third parties, also by its employees.
Art. 9 Changes to the terms and conditions of use
WAGIT shall be entitled to make changes to the general terms and conditions of business and any other terms and conditions. WAGIT shall only make such changes for justified reasons, in particular due to new technical developments, changes in case law or on any other equivalent grounds. Should the contractual equilibrium between the parties be considerably disturbed by the change, the change shall not be made. In addition, any changes shall require the user’s consent.
Art. 10 Final provisions
Exclusively the law of the Federal Republic of Germany shall govern the use agreement and any legal relationships arising in connection with the latter, subject to exclusion of the international conflict of laws provision and the UN Convention on Contracts for the International Sale of Goods (CISG).