Terms of Use.

1. Scope

1.1. tscene provides all services to its customers (hereinafter referred to individually as "Customer" and together with tscene as the "Parties") based on these Terms of Use, in the version valid at the time of contract conclusion.

1.2. These Terms of Use, in the version valid at the time of contract conclusion, underpin all business relationships between tscene and customers arising from the use of the tscene website (hereinafter also referred to as "Platform") and iOS and Android App (hereinafter also referred to as "Platform").

1.3. These Terms of Use are binding for all current and future transactions between the Parties, even if not expressly referred to. Deviations from these Terms of Use, supplementary agreements, or any conflicting business conditions of the customer are only effective if confirmed in writing by tscene.

1.4. Changes to prices and provisions of the Terms of Use can be made by tscene at any time without giving reasons, with such changes being announced at least 30 days before their effective date on the tscene website and by sending the contract text to the last known email address provided by the customer. If the customer does not object to the changes in writing by email to hello@tscene.net within 30 days of receiving the aforementioned notification, the changes are considered accepted. In the event of timely objection by a customer, the contractual relationship between this customer and tscene will continue according to the Terms of Use in the version prior to the announced change, whereas tscene is entitled to terminate the contract without giving reasons, observing a notice period of 14 days to the end of the month.

 

2. Customer Obligations

2.1. To fully utilize the Platform, the customer must use the respective current (browser) technologies or enable their use. Using older technologies may result in the customer not being able to fully utilize the Platform.

2.2. The customer commits to using the Platform exclusively for its intended purpose and not misuse it, refraining from actions that could damage and/or endanger tscene and/or limit the availability of the Platform for other users.

2.3. The customer is obligated to provide tscene timely and completely with all information and documents necessary for the provision of the service. This also applies to information that becomes known during the provision of the service. The customer bears the cost incurred by work being repeated by tscene or being delayed due to incorrect, incomplete, or subsequently altered information.

2.4. The customer must indemnify tscene for damages resulting from the breach of obligations of the user and/or customer according to this section 3 of these Terms of Use.

2.5. Using the Platform or tscene services requires an internet connection and suitable telecommunications infrastructure. We are not liable for costs incurred by their use.

2.6. The Platform must not be used in connection with commercial enterprises, except those expressly supported or approved by tscene. Illegal and/or unauthorized use of tscene services is prohibited. Unauthorized commercial advertising, affiliate links, and other forms of solicitation may be removed without notice from customer accounts and may result in the termination of customer privileges. Legal steps will be taken in the case of illegal or unauthorized use of tscene services. You are prohibited from selling, trading, or otherwise transferring your tscene account to another party.

2.7. To use the Platform, you must register by creating an account with tscene. This allows us to provide you with easy access to your personal area on the Platform. You can register directly with us to use the Platform and tscene services. By choosing to create an account with us, you agree to provide only accurate and complete registration information and update this information if it changes. When registering as a customer, you must provide your name and a valid email address. You are solely responsible for maintaining the confidentiality of your account, login details, and password, and must not share them with third parties. You are fully responsible for all activities that occur under your account. You agree to notify tscene immediately if you suspect unauthorized use of your account or another breach of security. tscene cannot and will not be liable for any loss or damage resulting from your failure to comply with this section. All accounts registered with another person's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we suspect that an invalid email address is being used.

 

3. Trial Periods

3.1. tscene may, at its discretion, offer limited trial access to the Platform (hereinafter referred to as "Trial Access").

3.2. The use of Trial Access is free of charge.

3.3. The customer is not entitled to conclude multiple Trial Accesses without tscene's consent.

3.4. The Trial Access is limited to the period specified for the respective Trial Access. If no period is specified for the Trial Access, it is limited to 7 days.

3.5. tscene does not guarantee a specific scope of services for the Trial Access.

 

4. Content

4.1. “Content“ refers to profile pictures, images, videos, "likes", picture and video captions, news headlines, sports comments, posts, or messages shared via our Platform. You are responsible for the content you share on our Platform. This

 

includes the obligation to have the necessary rights to use the content and ensure that your content complies with applicable laws, policies, regulations, and our user agreement. If you distribute content for which you do not have permission or that violates legal requirements or our user agreement, we reserve the right to remove such content. Behaviors such as harassment, intimidation, defamation, threats, spreading hateful content, sexual exploitation of children, sexual abuse, incitement to suicide or self-harm, violation of intellectual property, or other unlawful acts are not tolerated by us. Further information can be found in our community standards, which are part of the user agreement.

4.2. As the creator of the content you share on our Platform, you retain ownership of it. However, you grant tscene a license to use your content under certain conditions. Content that you share exclusively with your friends falls under this regulation. You also have the option to voluntarily share content, originally shared only with friends, with tscene for communication, advertising, and marketing purposes, such as for display on billboards, in promotional materials, in the Apple App Store, or the Google Play Store. If you choose to do so, you must grant tscene a corresponding license to use these contents. Content that you share globally is accessible to all users on tscene. In return for providing our services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, edit, adapt, modify, publish, transmit, display, and distribute these globally shared contents across all known or future developed media and distribution channels. This license allows us to make your globally shared contents accessible worldwide and to offer the same possibility to third parties. You agree that this license grants tscene the right to provide, promote, and improve our services and make your contents available for syndication, broadcasting, distribution, promotion, and publication by other companies, organizations, or individuals in various media and services, without compensation to you. This agreement is considered adequate compensation for your use of our services.

 

5. Reporting Violative Content

It is not our responsibility to actively monitor the content shared by users on our Platform. However, it is our concern that our services offer a safe and enjoyable environment in which people can freely express themselves. We prohibit content that violates the rights of others or does not comply with applicable laws, policies, regulations, or our user agreement ("offensive content"). If you encounter such offensive content, we ask you to report it using the reporting function within the app or by email. If you believe that someone has copied your content without permission and in a manner that violates your copyright, we offer you the opportunity to report this using the in-app function or by email for copyright violations.

 

6. Termination of Our Services

We reserve the right to temporarily or permanently disable your account and prohibit your use of our services if we determine that you have distributed offensive content or have used our services in a manner that infringes the rights of third parties or violates applicable laws, regulations, provisions, or our terms of use. Typically, we implement a policy with three warnings. This means that if you distribute offensive content, your account will be locked for 30 days. During this time, you will not be able to share content or access other content on our services. After the third offense, we will permanently exclude you from our services and prohibit you from creating a new tscene account. Please note that certain types of offensive content, such as depictions of sexual abuse of children, may result in immediate and final exclusion from our services. You can object to such a ban by contacting our customer support. To protect yourself, other users, and our services, we may temporarily lock your account if we notice unusual activities that could pose a technical or security risk. If your account has not been used for more than two years, we will delete it. However, you will receive a notification from us beforehand so you have the opportunity to prevent the deletion. We understand that sometimes things just don't work out. You can delete your account at any time by going to your account settings and selecting the "Delete Account" option.

 

7. Scope of Services

tscene provides customer service according to the conditions described for the respective software package and the version chosen by the customer on tscene's website or app.

 

8. License Rights

8.1. The right to sublicense, the right to edit, and any exploitation right are excluded.

8.2. The services provided by us are protected worldwide by copyright, trademark, trade secret laws, and other legal provisions. Although it may seem appealing, the user agreement does not allow you to use the name tscene, any tscene trademarks, logos, domain names, other distinctive brand features, or any other proprietary rights in any way. For the duration of your use of our services, tscene grants you a personal, global, royalty-free, non-transferable, and exclusive right to use the software provided as part of our services. This right is solely for the purpose of enabling you to use and enjoy the services in accordance with the user agreement and automatically ends when you cease using the services. tscene reserves the right to use your feedback, comments, or suggestions regarding our services at our discretion.

 

9. Data Protection

Data processing by tscene is based on its online business-specific privacy policies, which are available at www.tscene.net/assets/legal or can be sent separately upon request.

 

10. Warranty

10.1. In the event of functional disruptions of the Platform, tscene will endeavor to correct the error within a reasonable period or provide the customer with alternative solutions. However, tscene does not guarantee specific functionality and/or a certain scope of functions.

10.2. Unless otherwise agreed, the customer is only entitled to a reduction of the fee if the use of the Platform was not possible for reasons within tscene's sphere for less than a total of 85% per calendar year. The customer is responsible for proving reasons within the sphere of tscene. Planned maintenance work, which is announced to the customer at least 2 days in advance, is not considered in the calculation.

10.3. tscene does not guarantee the legal, in particular data protection, administrative, competitive, and intellectual property legality of the customer's use of the Platform. The assessment of the legal permissibility of carrying out the contract is the customer's responsibility.

 

11. Liability

11.1. tscene is only liable for damages caused by gross negligence or intent. tscene's liability for slight negligence is excluded, except for personal injuries. The customer bears the burden of proof for the existence of gross negligence or intentional damage causation.

11.2. tscene is not liable for damages and delays due to force majeure, labor disputes, natural disasters, and other circumstances beyond tscene's control.

11.3. Claims for damages by the customer expire six months after knowledge of the damage and the damaging party.

 

12. Third-Party Services

tscene is entitled to perform the service itself or to use third parties for the provision of the services.

 

13. Confidentiality

13.1. The customer commits to confidentiality of all information known to him due to the contract; this also after the end of the contract.

13.2. To be kept secret are particularly all information concerning the Platform and the commercial conditions agreed in the contract (prices, discounts, etc.). This does not apply to information,

- that is generally known or easily accessible;

- that were already known to the customer at the conclusion of the contract;

- for which the customer is legally obliged to disclose;

- that the customer must disclose to protect his interests in court proceedings.

13.3. The customer also imposes this obligation on his employees and other third parties to whom the customer discloses confidential information (e.g., agencies).

 

14. Online Dispute Resolution

14.1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at http://www.ec.europa.eu/consumers/odr. You can reach us by email at hello@tscene.net.

14.2. We do not participate in dispute resolution proceedings.

 

15. Final Provisions

15.1. These Terms of Use, as well as all related contracts, are subject to Austrian law, excluding the UN Sales Convention and the conflict of laws rules of International Private Law.

15.2. For all disputes between the parties, the exclusive jurisdiction of the court competent for tscene's seat is agreed upon. Notwithstanding this, tscene is entitled to sue the customer at his general jurisdiction.

15.3. The place of performance for deliveries and services by tscene is the seat of tscene.

15.4. For declarations within the framework of these Terms of Use, as well as all related contracts, communication by email without a qualified electronic signature according to the eIDAS Regulation is considered written in the sense of § 886 ABGB.

15.5. If individual provisions of these Terms of Use are or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. An invalid or unenforceable provision shall be replaced by the parties according to the principles of good faith in such a way that the intended economic purpose is achieved as closely as possible. The same applies to the filling of any unrecognized gaps in regulation.

 

Contact

 

For questions, please contact us at:

 

tscene.net 

Stiwoll 145 

8113 Stiwoll 

Österreich 

Email: hello@tscene.net 

 

 

In case of any discrepancies, the German version of these standards shall prevail, as the English version is a translation.