DE EN NO

Terms and Conditions

As of: May 2026

Tusen Takk is a free, privately operated and non-commercial application. No paid contract for services is concluded between the Provider (Constantin Hirt) and Users. Use of the app is free of charge.

§ 1 Scope, Parties and Definitions

(1) These Terms and Conditions (hereinafter "Terms") govern the use of the mobile application "Tusen Takk" and the associated website tusentakk.app (hereinafter collectively "Platform") between Constantin Hirt, Gasborn 23, 52062 Aachen, Germany, Email: hello@tusentakk.app (hereinafter "Provider") and the users (hereinafter "User").

(2) The app allows Users to send other registered Users a digital Gift Token corresponding to a specific real product (e.g. beer, wine, sparkling wine, cocktail, flowers, coffee, sweets) representing a fixed monetary value in euros. After redemption by the Recipient and approval by the Sender, a corresponding payment is triggered from Sender to Recipient via an independent payment service provider (PayPal or Stripe).

(3) Definitions:

"Sender" is the User who sends a Gift Token to another User.
"Recipient" is the User who receives and redeems a Gift Token.
"Redemption" refers to the process by which the Recipient uploads a selfie with the real gift in the app.
"Approval" refers to the Sender's confirmation that the submitted selfie shows the agreed gift.
"Payout" refers to the transfer of the monetary value from Sender to Recipient after Approval, processed via an external payment service provider.

(4) These Terms apply exclusively. Deviating conditions of the User do not become part of the contract unless the Provider expressly agrees in writing.

§ 2 Age requirement and target audience

(1) The Platform is exclusively aimed at consumers within the meaning of § 13 BGB (German Civil Code) who are at least 18 years of age. Since alcoholic beverages can be sent as Gift Tokens, use by minors is excluded.

(2) By registering, the User confirms to be at least 18 years of age and fully legally capable.

(3) Commercial use of the Platform without the express written consent of the Provider is prohibited.

§ 3 Description of services and role of the Provider

(1) The Provider makes the Platform available as a communication and coordination tool. The app offers the following features in particular:

Registration and management of a personal user account;
Sending and receiving Gift Tokens from a Provider-defined gift catalogue (beer, sparkling wine, wine, cocktail, flowers, coffee, sweets) with a fixed EUR value;
Uploading a selfie by the Recipient to redeem the Gift Token;
Review and approval or rejection of the selfie by the Sender;
Initiation of Payout via an external payment service provider (PayPal or Stripe);
A chat history per Gift Token with comments, reactions and optional photos;
A points, levels and weekly challenge system ("Social Scoring") including a friends-filtered leaderboard;
Achievements for unlocked milestones;
Push notifications about app events.

Clarification on role: The Provider does not itself become a party to the payment between Sender and Recipient. The Provider does not hold, transfer or manage any funds. The Provider is an intermediary and infrastructure provider, not a payment service provider within the meaning of the German Payment Services Supervision Act (ZAG). The movement of funds occurs directly between the Users' accounts at the respective external payment service provider.

(2) The Provider is entitled to adjust the gift catalogue (including prices) at any time. An already initiated gift transaction is not affected by later catalogue changes.

(3) The Platform is offered to consumers free of charge. Any fees charged by external payment service providers are not part of the contract with the Provider and are governed by their respective terms.

§ 4 Contract formation, registration and account

(1) Use requires free registration via the app. Upon completion of registration, a free platform usage agreement is concluded between Provider and User.

(2) The User is obliged to provide truthful information during registration and to update it promptly if it changes.

(3) Only one user account per person is permitted. The account is non-transferable.

(4) Access credentials must be kept confidential. If misuse is suspected, the User must notify the Provider immediately.

§ 5 Right of withdrawal

Since no paid contract for a service provided by the Provider is concluded between Provider and User, there is no statutory right of withdrawal against the Provider. Any claims in connection with payments are governed exclusively by the relationship between Users and the terms of PayPal.

§ 6 Gift transaction process

(1) The sending of a Gift Token proceeds in the following steps:

The Sender selects a gift with a specific EUR value from the gift catalogue and identifies the Recipient by their email address or app profile.
By sending, the Sender makes a conditional payment promise. No actual movement of funds takes place at this point; the Gift Token receives the status "issued".
The Recipient receives a notification. To redeem, they upload a selfie with the real gift in the app (status "Redemption requested").
The Sender reviews the selfie. Upon Approval, the Payout of the stored EUR value from Sender to Recipient is initiated via the external payment service provider.
Upon rejection, the Recipient receives notification; a new redemption attempt is possible unless the Sender objects.

(2) As long as no Approval has taken place, the Sender can withdraw a Gift Token. After Approval, the Payout is binding; claims for reimbursement must be addressed exclusively via the payment service provider or directly with the Recipient.

(3) The Provider is entitled to block a Gift Token and/or not initiate the Payout if there is reasonable suspicion of misuse (e.g. fake selfie, repeated submission of the same image, automated requests, suspicion of money laundering).

§ 7 Payments between Users

Payments in connection with gifts are made exclusively directly between Users via the third-party provider PayPal. The Provider is not a party to this payment at any time. The Provider is neither seller, trustee nor payment service provider and does not accept or hold Users' funds at any time. The app serves exclusively as a technical tool to facilitate a gesture between Users. The payment is governed exclusively by PayPal's terms and conditions.

Tax obligations arising from the receipt of funds are the sole responsibility of the respective Recipient. The Provider does not provide tax advice.

§ 8 Selfie upload and image rights

(1) By uploading a selfie, the Recipient confirms that the image was lawfully created, that only they are depicted or that the consent of any other persons depicted has been obtained, and that no third-party rights are infringed.

(2) The Recipient grants the Provider a simple, geographically unrestricted, royalty-free right to use the selfie to the extent necessary for the provision of app functions.

(3) The Provider does not publish selfies publicly and does not share them with third parties, except with processors required for operation in accordance with the Privacy Policy.

(4) The Provider may, without prior notice, delete selfies that contain obvious indications of misuse and block the account.

§ 9 Chat, comments and user-generated content

(1) Each Gift Token has a chat history available to the involved Users where messages, reactions and photos can be posted.

(2) The User retains all rights to their content and grants the Provider the usage rights necessary to provide the function to the extent described in § 8 (2).

(3) In particular, the following are prohibited:

Unlawful, defamatory, discriminatory, violent, sexually offensive or incitement-to-hatred content;
Content that infringes copyright, trademark, personality or data protection rights of third parties;
Advertising, spam, chain letters and pyramid schemes;
Attempts to circumvent security measures, automated access (bots, scrapers) or excessive data loads on the infrastructure.

(4) In case of violations, the Provider may remove content, restrict functions or terminate the account for cause.

§ 10 Social Scoring, achievements and leaderboard

(1) The Provider operates a points system ("Social Scoring") and an achievement system within the app.

(2) Points, levels, achievements and leaderboard rankings have no monetary value, cannot be exchanged for legal tender, and create no entitlement against the Provider. The Provider may change or discontinue the system at any time.

(3) The leaderboard is generally restricted to the circle of other Users connected to the User ("friends").

§ 11 Availability, maintenance, data backup

(1) The Provider endeavours to provide the app with an annual average availability of 95%. Excluded from this are periods of planned maintenance and disruptions outside the Provider's sphere of influence.

(2) Since the app is offered free of charge, the Provider does not guarantee continuous availability.

(3) The User is responsible for backing up their own data.

§ 12 Liability

Since the app is provided free of charge and as a non-commercial project, the Provider is only liable for intent and gross negligence. Provision is made within the bounds of technical feasibility without warranty of continuous availability. The Provider accepts no liability for disputes, payment defaults or non-redemption of gifts between Users.

The Provider is not liable for damages caused by third-party providers (in particular PayPal, Apple App Store, internet providers, cloud hosting) or by the conduct of other Users.

§ 13 Data protection

(1) Details on the processing of personal data are set out in the separate Privacy Policy.

(2) Processing is carried out in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

§ 14 Contract duration, termination, account deletion

(1) The platform usage agreement is concluded for an indefinite period and may be terminated by either party at any time without notice.

(2) The User may delete their account at any time via the app settings. The agreement ends upon deletion.

(3) Deletion does not affect already completed gift transactions. Points, levels, achievements and rankings are forfeited upon account deletion.

(4) The Provider may terminate the agreement with four weeks' notice or for cause with immediate effect.

§ 15 Amendments to these Terms

(1) The Provider may amend these Terms with future effect where this is necessary for compelling reasons and the amendments do not unreasonably disadvantage the User.

(2) The Provider will notify the User at least six weeks before the changes take effect in text form (email or in-app notification). If the User does not object within six weeks, the changes are deemed accepted; the notification will specifically draw attention to this consequence.

(3) In the event of a timely objection, the Provider is entitled to terminate the agreement with four weeks' notice to the end of the month.

§ 16 Dispute resolution and applicable law

(1) The European Commission provides a platform for online dispute resolution, accessible at ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in consumer arbitration proceedings.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not restrict any mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

(3) Place of performance and — to the extent permitted by law — place of jurisdiction is the Provider's place of residence.

§ 17 Final provisions

(1) Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the applicable statutory rule.

(2) There are no oral side agreements. Amendments and additions require text form.