TERMS OF USE AND PRIVACY POLICY

IMPORTANT– Read carefully before downloading, installing or using the Papai-App (the “App”).

These terms of use (the ”User Terms”) were last updated on 8 February 2023.

  1. Introduction and Parties
    1. These User Terms are an agreement between you, as the user of the App, and Papai ApS (“Papai”), a Danish company registered under company number 42733822, as the owner and operator of the App.
    2. Your app store provider is not a party to these User Terms and is not in any way responsible for the App.
  2. Acceptance of these terms
    1. By downloading, installing or using the App, you, as the user, accept, agree to and abide by these User Terms, including the processing of personal data, as described in these User Terms.
    2. These User Terms set forth the terms and conditions under which you as the user may use the App.
    3. Papai reserves the right to update these Terms and the App at any time. If any changes to these User Terms are made, Papai will notify you. The most current version of the User Terms can be found at www.papai.app and in the App. Updates to the App are issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms and conditions for the use of the App.
  3. About Papai
    1. Papai gives simple and targeted access to social activities and others to participate in activities with.
    2. Papai is not planning, facilitating, hosting, organizing, coordinating, monitoring, validating, verifying, participating in, involved in, or in any other way responsible for the social activities and/or events, which the users of the App are creating and/or participating in.
    3. Under no circumstances shall Papai be liable for and you and/or any third party are not entitled to claim damages or compensation for any injuries, lossess, or damages resulting from participating in the activities and/or events in the App.
    4. If the activity includes extreme sport or adventurous activities, including travels, festivals and sport activities, Papai recommends participants to take out a sufficient insurance covering injuries, lossess, and/or damages, before participating in such activity and/or event.
  4. User generated content
    1. Unless otherwise is stated in the App, all information that you provided in the App is available for other users of the App.
    2. You may be able to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials in the App (the "Contributions"). Contributions may be viewable by other users of the App and through third-party websites.
    3. When you create or make available any Contributions, you represent and warrant that:
      • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
      • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Papai and other users of the App to use your Contributions in any manner contemplated by these User Terms.
      • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by these User Terms.
      • Your Contributions are not false, inaccurate, or misleading.
      • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
      • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
      • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
      • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
      • Your Contributions do not violate any applicable law, regulation, or rule.
      • Your Contributions do not violate the privacy or publicity rights of any third party.
      • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
      • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
      • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
    4. Any use of the App in violation of the foregoing violates these User Terms and may result in, among other things, termination or suspension of your rights to use the App.
  5. Download of The app
    1. The App can be downloaded on newer smartphones.
    2. When you download the App, you warrant that you are the owner of the device to which you have downloaded the App, or that you have obtained permission from the owner of that device to download the App as permitted by the app store provider’s usage rules.
  6. Account, Authorized use and restrictions
    1. You must create an account before being able to use the App. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of the App, including those related to data privacy, international communications, and the transmission of technical or personal data.
    2. You shall promptly notify Papai at support@papai.app of any unauthorized use of your account or any other known or suspected breach of security of your account.
    3. You may use the App only for the intended purposes and in accordance with these User Terms. You shall comply with any applicable third-party terms of agreement when using the App, including the app store provider’s rules.
    4. You and anyone using the App are not entitled to:
      • license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the App or make the App available to any third-party;
      • modify or make derivative works based upon the App;
      • copy or create any access to the App; or
      • reverse engineer or access the App in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the App, (iii) copy any ideas, features, functions or graphics of the App, or (iv) for the purposes of investigating possible patent infringement.
  7. Maintenance of the app
    1. Papai provides maintenance and support services for the App. All troubles, bugs, errors or issues with the App can be reported to support@papai.app.
  8. Processing of the user’s personal data in the APP
    1. When creating an account and using the App, you give your consent for the processing of your personal data when using the App.
    2. You own the data which are processed with the App (“Data”). The Data only includes data provided by you to Papai.
    3. Papai processes the Data on behalf of and under instructions from you. Papai has the responsibility for the processing of the Data. The Data is processed in accordance with the EU Regulation on Personal Data and with the appropriate security levels.
    4. The Data is stored in accordance with the EU Regulation on Personal Data and with the appropriate security levels.
    5. Papai is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the Data. Papai has no obligation to maintain or forward any Data or other data generated as a result of the use of the App.
  9. Personal data – the user’s rights
    1. You can at any time request Papai not to process any Data about you. This may result in the termination of your access to the App.
    2. You have the right at any time to be informed about which Data Papai is processing about you. You have the right at any time to receive a copy of such Data and obtain access to the data.
    3. At any time, you can require Papai to correct wrong information about you, and you are entitled to add additional information to your personal data that are stored.
    4. Papai will correct or delete incorrect or misleading Data on request.
    5. The data will not be disclosed to any third party, with the exception of Data disclosed in accordance with clause 4.1.
    6. You can object against or limit Papai’s storage of your Data at any time.
    7. You can find more information about your rights relating to personal data on the Danish Data Protection Agency’s website, www.datatilsynet.dk/english. Complaints about our processing of personal data must be filed to the Danish Data Protection Agency.
  10. Limitation of liability
    1. Papai is not responsible for any unavailability, interruptions, interferences or disconnection of the App directly or indirectly caused by the system of the user or any other third-party systems.
    2. Papai does not warrant that the App will meet all requirements or operate uninterrupted or error-free. Except as required by mandatory law or expressly stated in this Agreement, there are no express or implied warranties provided.
    3. Under no circumstances shall Papai be liable for, and you and/or any third party are not entitled to claim damages for any special, indirect, incidental or consequential losses or damages, including, but not limited to, product liability, operating losses, lost profits, lost revenue, interest losses, lost data, costs of restoring or re-establishing data.
    4. In no event shall Papai be liable to you or to any third party for any damages in connection with the App for an amount exceeding EUR 100.
  11. Intellectual property rights
    1. Papai exclusively owns all rights, titles, interests and all other intellectual property rights in and to the App, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you, other users or any other party relating to the App or Papai.
    2. Access to the App is provided under a license. The license is not a sale to and does not convey to anyone any rights of ownership in or related to the App or any other intellectual property rights owned by Papai.
    3. Papai warrants that the App does not infringe third party rights.
  12. Legal compliance of the user
    1. You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  13. Papai’s contact details
    1. Any user questions, complaints or claims with respect to the App can be directed to Papai:
    2. Company address: Kærgårdsparken nr. 4, 1 tv, 8355 Solbjerg, Denmark
    3. Telephone number: +45 61 76 07 72
    4. E-mail address: info@papai.app
  14. App store provider as THIRD-PARTY beneficiary
    1. Papai and you acknowledge and agree that your app store provider and its subsidiaries are third-party beneficiaries of these User Terms, and that the app store provider will have the right (and will be deemed to have accepted the right) to enforce these User Terms against you as a third-party beneficiary thereof.
  15. Termination
    1. Papai can terminate your access to and use of the App at Papai’s discretion, for example, but not limited to, if Papai has a good reason to believe that you are in breach of these User Terms. If your access is terminated, you are not entitled to any compensation or refund.
    2. Papai is entitled to modify or discontinue, temporarily or permanently, the App at Papai’s discretion. Papai will give you notice of such modification or discontinuance, if possible. You agree that Papai shall not be liable to for any modification or discontinuance of the services.
    3. You may discontinue the use of the App at any time.
  16. Invalidity and waiver
    1. If any provision of these User Terms is held to be invalid or unenforceable or non-binding, the remainder of that provision and all other provisions will remain valid, binding, and enforceable to the fullest extent permitted by applicable law.
    2. A party's waiver of any of its rights or remedies under these User Terms must be in writing and duly executed by it. No single or partial waiver of any such right or remedy shall preclude any other or further exercise of that or any other such right or remedy.
  17. Transfer of rights
    1. Papai shall be entitled to transfer all rights and obligations under these User Terms to a third party in so far this is part of a whole or partial business transfer. This also includes the right to execute any restructuring of the business and dividing the business.
  18. Governing law and jurisdiction
    1. The laws of Denmark shall govern these User Terms. All choice of law provisions are excluded. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
    2. All disputes arising out of or in connection with these User Terms and/or the use of the App shall be resolved by the City Court of Aarhus in Denmark.