Please note: Our Terms of Use and Privacy Policy are currently only available in German. This is only a translation. The German version of our Terms of Use and Privacy Policy is binding.
General Terms and Conditions for Players (GTC-P)
1. Basic Terms
- Using trabble is not possible and not allowed without agreeing to these terms.
- As a player, the user operating a device on behalf of a group also agrees on behalf of the other players.
- These terms apply between Actionbound GmbH, Bahnhofstraße 82, 82383 Hohenpeißenberg - as the provider of trabble - and the user. By using the program, the user also accepts the terms and conditions. The user acknowledges and agrees that Actionbound GmbH considers the use of the program as acceptance of the terms and conditions.
2. Subject Matter of the Contract and Authorization of Use
- Only players who are fully capable of entering into contracts or creators with limited legal capacity with the consent of their legal representatives are authorized to use the program.
- The player acquires the non-exclusive, non-transferable right, limited in time to the duration of the respective tour or its editing, to use the software covered by the contract and the externally produced content, to the extent necessary for the execution of the program.
3. Liability
- If the provision of user-created content takes place on the provider's servers, the provider is not liable for damages resulting from the prevention of access to the server, especially for disruptions and irregularities caused by third-party providers. The user must ensure sufficient network coverage at the retrieval location.
- The provider is not liable for damages resulting from the use or impossibility of using the program. The provider is not liable for damages caused by data loss.
- Despite monitoring for illegal content or malicious software, the provider cannot be held liable for damages caused by user-generated content.
- If the user is exposed to content during the use of the website and the program that is indecent or otherwise disturbing, the provider offers the opportunity to report such content via hello@trabble.app and through the menu in the respective tour. The corresponding report and moderation by us shall take precedence over legal remedies, to the extent such exclusion is legally possible.
- User-generated content or the programs or the website may contain hyperlinks to websites that neither belong to us nor are controlled by us. We cannot assume any liability for content on those websites.
- The limitation of liability does not apply to damages resulting from injury to the health, body, or life of users. The limitation also does not apply to damages resulting from grossly negligent or intentional actions of the provider, its vicarious agents, or legal representatives. The provider is only liable for slight negligence if an essential contractual obligation, the fulfillment of which is necessary for the proper execution of the contract and on which the user regularly relies, is breached by the provider, its legal representatives, or vicarious agents. These terms of use do not affect any statutory rights to which each end consumer is entitled and which cannot be modified or waived by contract.
4. Warranty
- The program and website are provided as is. The provider does not provide any warranty or guarantee regarding their functionality.
- In particular, the provider does not warrant or guarantee that the use of the program or website will be uninterrupted or error-free, or that any errors in the operation or functionality of any software will be corrected.
5. Content
- The user agrees that they are solely responsible for any content they upload. The user agrees not to upload any content that is harmful to minors, especially of a pornographic nature, as well as content that is offensive, infringes on intellectual property or trademark rights, or is otherwise illegal. Violation of this agreement may result in permanent suspension of the user. The provider reserves the right, without obligation, to monitor and delete content at their own discretion, without prior notice.
- The user retains all intellectual property rights to the uploaded content. However, for the functionality of the program, it is necessary to grant the provider and other users of the website and program limited usage rights. These rights are further described in section 6 of these terms of use.
- It is the responsibility of the user to ensure that they have all the necessary rights and permissions for the provider to use the uploaded content in the manner described in these terms of use.
6. Rights Granted by the User
By uploading content, the user grants the provider a worldwide, non-exclusive, royalty-free license. This license includes the right to sublicense. The license includes the use, reproduction, distribution, and creation of derivative works of the content, as well as the exhibition and performance of the content in connection with the provision of the program and the website. The content may be used for the provider's free self-promotion, provided that they are not the main focus of the advertisement, such as by displaying the content on the provider's website. Furthermore, by providing the content, the user grants every other user of the website and program a worldwide, non-exclusive, royalty-free license regarding access to the content and the use, reproduction, and distribution for the purpose of using the program to the extent permitted by the functionality of the program, the website, and these provisions.
7. Final Provisions
- German law applies.
- Berlin is agreed upon as the exclusive place of jurisdiction for both contracting parties, to the extent permitted by law.
Terms of Use for Creators (ANB-E)
1. General
The use of trabble (hereinafter also referred to as "program") is not possible and not allowed without consent to these agreements.
The agreements apply between Actionbound GmbH, Bahnhofstraße 82, 82383 Hohenpeißenberg - as the provider of trabble - and the tour creator, hereinafter also referred to as "Guide". The terms of use are also accepted by simply using the program. The creator agrees that the provider understands the use of the program as acceptance of the terms of use.
2. Subject of the Agreement and Authorization to Use
Only creators who are fully capable of conducting legal transactions or creators with limited legal capacity with the consent of their legal representatives are authorized to use the program.
The creator can use the provided software to create tours free of charge and offer them for sale. The final sale price of the tour can be freely chosen from the available trabble price levels. The trabble price levels are dependent on the price levels of Apple and Google Stores (hereinafter referred to as "Stores") and are subject to change. After a tour is published, it will be offered for in-app purchase through the trabble app, with transactions handled by the Stores. The applicable value-added tax (VAT) will be directly paid by the Stores. A fee of currently 15% of the net price (after deduction of VAT) will be retained by the Stores. The fee is subject to change by Apple or Google. Out of the remaining amount, 70% will be paid to the creator, subject to the final realization of the claim, and trabble will retain 30%. The actual payout amount may fluctuate due to changes by the Stores, currency conversions, or changes in tax rates. These fluctuations will be offset by trabble, and the creator will receive fixed payout amounts. The following table represents the final sale prices in Germany and the fixed payout amounts after deduction of taxes and fees.
Price Level 1 | Price Level 2 | Price Level 3 | Price Level 4 | Price Level 5 | |
---|---|---|---|---|---|
Sale Price* | 0.99 € | 1.99 € | 4.99 € | 6.99 € | 9.99 € |
Payout to Creator | 0.50 € | 1.00 € | 2.50 € | 3.50 € | 5.00 € |
Price Level 6 | Price Level 7 | Price Level 8 | Price Level 9 | |
---|---|---|---|---|
Sale Price* | 14.99 € | 19.99 € | 24.99 € | 29.99 € |
Payout to Creator | 7.50 € | 10.00 € | 12.50 € | 15.00 € |
*Example sale price in Germany. The sale price may vary in different countries and currencies. The payout amount to the guides is adjusted by trabble to account for fluctuations and remains consistent.
Once the accumulated payout amount exceeds €20.00, the creator can request a payout. To qualify for a payout, the creator must provide proof of their status as a business entity by providing their address and value-added tax identification number (VAT ID; known as UID or VAT ID in other countries). The creator agrees to receive payment through credit notes. The creator is responsible for declaring the taxable income in their relevant tax returns, such as sales tax, income tax, business tax, and potentially corporate tax, in accordance with applicable tax regulations.
- The creator acquires a non-exclusive, non-transferable right, limited in time until the expiration or modification of the respective tour, to use the software and third-party content provided by trabble to the extent necessary for executing the program.
3. Liability
- If the storage of the created or user-provided content takes place on the provider's servers, the provider shall not be liable for damages resulting from the prevention of access to the server, especially for disruptions and irregularities caused by a third-party provider. The creator must ensure that there is sufficient network coverage at the retrieval location.
- The tour creator undertakes to consider known local hazards, such as heavily trafficked roads or natural features, when creating tours.
- The provider shall not be liable for damages resulting from the use or inability to use the program. The provider shall not be liable for damages resulting from data loss on the provider's side.
- Despite active monitoring against illegal content or malware, the provider cannot be held liable for damages resulting from the content created by the creators or users.
- The limitation of liability does not apply to damages resulting from injury to the health, body, or life of the creators. The limitation also does not apply to damages resulting from grossly negligent or intentional actions by the provider, its agents, or legal representatives. The provider is only liable for slight negligence if it violates an essential contractual obligation necessary for the achievement of the contract's purpose. These terms and conditions do not affect any legal rights granted to end consumers that cannot be modified or waived by contract.
4. Warranty
- The program and website are provided "as is." The provider does not provide any warranty or guarantee regarding their functionality.
- In particular, the provider does not warrant or guarantee that the use of the program or website will be uninterrupted or free from errors, or that any errors in the operation or functionality of any software will be corrected.
5. Content
- The creator agrees that they are solely responsible for the content they create and upload. The creator undertakes not to upload any content that is harmful to minors, especially of a pornographic nature, and also not to upload content that is offensive, infringes upon property or trademark rights, or is otherwise illegal. Violation of this agreement may result in permanent suspension of the creator's account. The provider reserves the right, without obligation, to monitor and, at its sole discretion, delete content as necessary, without prior notice.
- The creator retains all intellectual property rights to the created content. However, for the functionality of the program, it is necessary to grant the provider and other creators of the website and program limited usage rights. These rights are further described in Section 6 of these terms and conditions.
- It is the responsibility of the user to ensure that they possess all necessary rights and permissions required for the provider to use the uploaded content as specified in these terms and conditions.
- In particular, the creator must not ask questions or assign tasks that would motivate the user to provide personally identifiable information about their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual orientation, or sex life (see Art. 9 (1) GDPR), unless the creator possesses written consent from each user in accordance with Art. 9 (2) lit. a) GDPR prior to the start of the game. Questions regarding personal or personally identifiable data about criminal convictions and offenses or related security measures are strictly prohibited under any circumstances.
6. Rights Granted by the Creator
By uploading content, the creator grants the provider a worldwide, non-exclusive, and royalty-free license. This license includes the right to sublicense. The license encompasses the use, reproduction, distribution, and creation of derivative works of the content, as well as the exhibition and performance of the content in connection with the provision of the program and the website. The content may be used by the provider for free self-promotion, provided that they are not the main focus of the advertising, such as by displaying the content on the provider's website. Furthermore, by providing the content, the user grants each other user of the website and the program a worldwide, non-exclusive, and royalty-free license regarding access to the content, as well as the use, reproduction, and distribution for the purpose of using the program to the extent permitted by the functionality of the program, the website, and these provisions.
7. Final Provisions
- German law applies.
- Munich is agreed upon as the exclusive place of jurisdiction for both contracting parties, to the extent permitted by law.
Privacy Policy
The Actionbound GmbH, as the provider of trabble, processes data in its own responsibility according to the specifications of the creator of this tour. Otherwise, trabble would not be able to function, as it relies on user inputs. However, through the design of the program, we strive to avoid storing personal data as much as possible. Personal data refers to data from which your personal identity can be inferred or which directly identifies you in real life, such as your name or phone number. You can use the trabble app without providing any personal data. To create tours, you need to create an account at https://trabble.app. In doing so, we collect your name and email address. We publish your name and, if voluntarily uploaded, your profile picture in connection with the tours you create.
Your IP address is only processed and stored to the extent necessary to use the app and website. We do not compare the IP address with other data.
We use cookies, which are small text files that are stored on your device and read by your browser. They help us make the website user-friendly. You have the option to configure your browser to not store any cookies.
We ensure that your data is securely stored. You can inquire at any time about the data we have stored about you. You can also inform us at any time if you want your data to be deleted, blocked, or corrected. We do not share your data with third parties.
The data we process is stored only on servers located in Germany and not transferred to third countries.
If you want to delete, correct, or block your data, or if you need information, simply contact us, preferably at hello@trabble.app.
In detail, you have the following rights:
- the right to information about the data collection
- the right to information about the collected data
- the right to object or revoke this consent
- the right to rectify, delete, and restrict your data
- the right to data portability.
To realize your right to information, here is a summary (Art. 13 GDPR):
Responsible party: Actionbound GmbH, Bahnhofstraße 82, 82383 Hohenpeißenberg, Germany, email: hello@trabble.app.
Data is collected solely to enable the use of our website and app based on this consent and Art. 6 para. 1 lit. a) and b) GDPR.
Your data will not be disclosed and will be stored for no longer than until the creator of the played tour deletes the tour or their account. You can file a complaint with the supervisory authority.
The address of the supervisory authority responsible for our company is: Bayerisches Landesamt für Datenschutzaufsicht (BayLDA), Promenade 27, 91522 Ansbach, Telephone: +49 (0) 981 53 1300, Email: poststelle@lda.bayern.de
The provision of data for the use of our service is neither legally nor contractually required, except for providing a name and email address when creating a tour. Failure to provide personal or personally identifiable information will have no further consequences for the use of our service.
Creators also give their consent to store and process all necessary data for billing purposes, such as account number, billing address, and invoice amounts.
Since the app "trabble" is only used digitally, and in the interest of data avoidance, we generally do not store personal data such as postal or email addresses from you. Therefore, consent electronically is sufficient at this point.
Your data will not be sold or otherwise shared with third parties.
Access data/Server log files
The provider (or their web space provider) collects data on every access to the service (so-called server log files). The access data includes:
- Name of the accessed website
- File, date, and time of access
- Transferred data volume
- Message about successful access
- Browser type and version
- User's operating system
- Referrer URL (the previously visited page)
- IP address and the requesting provider
The provider uses the log data only for statistical evaluations for the purpose of operating, security, and optimizing the service. However, the provider reserves the right to check the log data retrospectively if there are concrete indications of illegal use.
Registration function
The data entered during registration is used for the purposes of using the service. Users can be informed via email about offer-related or registration-related information, such as changes to the scope of the service or technical circumstances. The collected data can be seen from the input mask as part of the registration process. This includes data such as the username and email address.
Contact
When contacting the provider (e.g., via contact form or email), the user's information is stored for the purpose of processing the inquiry and in case of follow-up questions.
Comments and Contributions
When users leave comments on the blog or other contributions, their IP addresses are stored. This is done for the security of the provider in case someone writes illegal content in the comments or contributions (such as insults, prohibited political propaganda, etc.). In such cases, the provider can be held responsible for the comment or contribution and is therefore interested in the identity of the author.
Newsletter
We use our newsletter to inform you about us and our offers. If you would like to receive the newsletter, we require a valid email address from you, as well as information that allows us to verify that you are the owner of the provided email address or that the owner of the email address agrees to receive the newsletter. No additional data is collected. This data is used solely for the purpose of sending the newsletter and is not disclosed to third parties. When you sign up for the newsletter, we store your IP address and the date of registration. This storage serves as evidence in the event that a third party misuses an email address and signs up for the newsletter without the rightful owner's knowledge. You can revoke your consent to the storage of data, email address, and their use for sending the newsletter at any time. The revocation can be done through a link in the newsletters themselves, in your profile settings, or by contacting us using the contact information provided above.