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End User License Agreement (EULA) / Software License Terms for the PartySpot App

Status: June 2026. This version is undergoing final legal review; individual items marked in italics in parentheses are still being completed.

Section 1 Subject Matter of the Agreement, Contracting Parties and Relationship to the Terms

(1) This End User License Agreement (hereinafter “EULA” or “License Terms”) governs exclusively the grant and scope of the right of use (license) to the mobile software application “PartySpot” (hereinafter “App” or “Software”) together with the associated documentation and updates for the Apple iOS and iPadOS as well as Google Android operating systems. No web version is offered.

(2) The licensor and provider is:

SZuCO – Dr.-Ing. Piotr Szegvári (sole proprietor) Zum Weizenring 14 14469 Potsdam Germany Email: info@partyspot.app Rapid electronic contact channel: Contact form in the PartySpot app (Settings → Help & Support) Value-added tax identification number pursuant to Section 27a of the German VAT Act (UStG): DE458930351 Competent supervisory authority: not applicable

(hereinafter “Provider”, “Licensor”, “we” or “PartySpot”)

(3) Relationship to the Terms (clear delineation): This EULA concerns solely the copyright license to the Software (grant of rights, scope of use, usage restrictions, intellectual property). The contractual structuring of the service/usage contract — in particular the description of services, in-app purchases and prices, the supply of digital products pursuant to Sections 327 et seq. of the German Civil Code (BGB), rights of withdrawal and termination, user content, the host’s obligations as event organizer, data protection, availability and provider identification — is governed by the Terms. The EULA applies in addition to the Terms and does not replace them.

(4) Order of precedence in the event of conflict: Insofar as provisions of this EULA and the Terms, or individual provisions within this EULA, conflict with one another, the following order of precedence shall apply in the interest of consumer protection:

  1. mandatory consumer law as well as whichever provision is more favorable to you (hereinafter “User”, “you”) shall always prevail;
  2. the platform-specific provisions (Section 9) shall prevail over the remaining provisions of this EULA, but only for the external relationship with the respective platform operator (Apple, Google); the internal relationship between you and the Provider as well as your consumer rights shall remain unaffected thereby;
  3. in the internal relationship between you and the Provider, the EULA shall otherwise take precedence for matters of the Software license and the Terms for matters of the service/usage contract.

(5) Mandatory consumer rights unaffected: This EULA leaves your mandatory statutory rights as a consumer (Section 13 BGB), in particular the rights under Sections 327 et seq. BGB (contracts for digital products) as well as the right of withdrawal, fully unaffected. Terms such as “host”, “guest”, “party” and “content” are used in the sense defined in Section 1(6) of the Terms.

Section 2 Grant of the Right of Use (License)

(1) Upon your lawful acquisition of the App via the Apple App Store or the Google Play Store, the Provider grants you a non-exclusive, non-transferable and non-sublicensable right to use the App in its respective object-code version as provided, in accordance with its intended purpose.

(2) The license is personal and limited to use on end devices that you own or control, in accordance with the respective usage rules of the distribution platform (App Store “Usage Rules” / Google Play). Use on Apple devices that you own or control is also permitted via “Family Sharing”/“volume licenses” within the framework of the Apple usage rules, insofar as these so provide.

(3) Use in accordance with the intended purpose is the use of the App for the purposes set out in the description of services (Section 2 of the Terms), in particular for organizing parties, for the remote control of the third-party music app installed on the host’s device (Spotify via the Spotify App Remote SDK or Apple Music via MusicKit; no streaming of its own by PartySpot) as well as for the use of the shared photo/video gallery. The App does not store or reproduce any musical works; it merely transmits control commands to the installed third-party app.

(4) The license encompasses the reproductions technically necessary for use in accordance with the intended purpose (in particular the loading, displaying, running and caching of the App on the end device). Your statutory right to make a backup copy (Section 69d(2) of the German Copyright Act (UrhG)) remains unaffected.

(5) Paid features: The unlocking of paid features (party tiers, stackable storage add-ons, party recap) is effected via one-time in-app purchases (consumable purchases; no advertising, no subscription) in accordance with Sections 4 et seq. of the Terms. The EULA itself does not grant any entitlement to paid features; it governs only the licensing framework for their use.

(6) No rights beyond those expressly stated in this EULA are granted to you. All rights not expressly granted remain with the Provider or the respective rights holders (Section 4).

Section 3 Usage Restrictions

(1) Except where permitted by mandatory law or expressly permitted in this EULA, you are prohibited from:

(2) Decompilation / Reverse Engineering: You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the App, unless and only to the extent that this is permitted by mandatory law. In particular, your statutory right to decompilation for the purpose of establishing interoperability pursuant to Section 69e UrhG as well as the acts mandatorily permitted under Section 69d UrhG (use in accordance with the intended purpose, backup copy, observation and testing) remain unaffected. Insofar as the requirements of Section 69e UrhG are met, we ask that you first request the information necessary for interoperability from us at info@partyspot.app; this request is not a prerequisite and does not restrict your statutory right.

(3) The foregoing restrictions leave your mandatory rights under Sections 69a et seq. UrhG as well as under Sections 327 et seq. BGB unaffected. Violations of the usage restrictions may give rise to contractual and statutory claims of the Provider (including injunctive relief and damages) as well as to the measures pursuant to Section 8 of this EULA.

Section 4 Intellectual Property and Trademarks

(1) The App, its source and object code, its structure, its architecture, its user interface, graphics, texts, logos, sound and design elements as well as the associated documentation are protected by copyright and, where applicable, by trademark, trade-identifier or ancillary-copyright law and are owned by the Provider or its licensors. This EULA transfers no ownership in the App; it merely grants the right of use described in Section 2.

(2) “PartySpot” as well as associated logos and identifiers are trademarks or commercial designations of the Provider. Use of these identifiers without prior written consent is not permitted outside the cases permitted by law.

(3) User content (delineation): Rights to the content you submit (photos, videos, comments, etc.) are not the subject matter of this EULA. The rights of use granted in respect thereof, limited to the operation of the App, as well as your warranties of title are governed conclusively by Section 8 of the Terms.

Section 5 Third-Party Components and Open-Source Licenses

(1) The App is developed using the cross-platform framework Flutter and contains third-party components, in particular the Spotify App Remote SDK, Apple MusicKit as well as libraries and interfaces (SDK/API) for the optional connection of the PartySpot Storage (Google Firebase) and of the external cloud storage self-managed by the host (Dropbox, Google Drive, in each case via OAuth).

(2) These third-party components are subject to the respective license and usage terms of the respective providers, including any open-source licenses (e.g. MIT, BSD, Apache 2.0). Insofar as open-source components contain mandatory license terms, these shall prevail over the restrictions of this EULA for the respective components.

(3) We provide a separate, respectively up-to-date list of the third-party and open-source components used together with the associated license notices within the App (e.g. under “Legal” / “Open-Source Licenses”) as well as upon request. This license list forms part of this EULA insofar as it applies to individual components.

(4) For third-party services whose use establishes separate contractual relationships between you or the host and the respective third-party provider (in particular Spotify account, Apple Music account, Dropbox/Google Drive), their terms and privacy notices additionally apply (cf. Sections 13(6), 14 of the Terms). The Provider has no influence over the continued existence, scope of functionality, interfaces and conditions of these third-party services.

Section 6 Updates

(1) The Provider may from time to time provide updates, upgrades, patches and bug fixes for the App. Updates may supplement or modify the App or adjust or remove individual features, in particular where a third-party provider changes or discontinues an interface (SDK/API). This EULA applies in the same manner to such updates, insofar as they are not accompanied by a separate license.

(2) Insofar as this concerns the supply of digital products to consumers, we owe the updates necessary to maintain conformity, including security updates, in accordance with Section 327f BGB for the relevant supply period; in this respect, Section 5 of the Terms (supply and updates) and Section 5(6) of the Terms / Section 327r BGB (changes to the digital product) apply with priority and remain unaffected.

(3) The installation of updates may be effected via the mechanisms of the respective distribution platform. We recommend installing provided updates promptly; for the legal consequences of a failure to install, see Section 327f(2) BGB or Section 5(5) of the Terms.

Section 7 Warranty and Liability

(1) For the supply of the App and the paid features as digital products to consumers, Sections 327 et seq. BGB and the provisions made in this regard in Sections 5 and 13 of the Terms apply. We supply the digital product free of product and legal defects in accordance with Sections 327d et seq. BGB; you are entitled to the statutory rights (in particular subsequent performance, price reduction, termination of the contract as well as, where applicable, damages). The reversal of the burden of proof (Section 327k BGB) and the rules on limitation of actions (Section 327j BGB) remain unaffected.

(2) Liability: The Provider’s liability is governed conclusively by Section 13 of the Terms; the following reproduction is purely declaratory and solely Section 13 of the Terms in its full version is authoritative (including the extension of the liability limitations to the Provider’s legal representatives and vicarious agents as well as the clarification that no change to the statutory burden of proof to your detriment is associated herewith). Accordingly, we are liable without limitation in cases of intent and gross negligence, for injury to life, body and health, under the German Product Liability Act, in the event of the assumption of a guarantee, as well as in cases of other mandatory statutory liability. In the event of negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract; otherwise liability is excluded.

(3) Insofar as the App or individual features are provided free of charge, we do not owe any particular, uninterrupted availability; Section 14 of the Terms applies accordingly. This statement concerns solely the availability expectation and does not bring about any exclusion of the warranty: if, as a consumer, you provide personal data in the case of a free-of-charge supply (data instead of money), the mandatory rights in respect of defects under Sections 327 et seq. BGB in accordance with Section 327(3) BGB and Section 5(1) of the Terms apply unchanged. We are not liable for the availability, functionality and lawfulness of third-party services (Section 13(6) of the Terms).

(4) Mandatory consumer rights UNAFFECTED: All of the foregoing provisions apply only within the legally permissible scope. Your mandatory statutory rights as a consumer, in particular under Sections 327 et seq. BGB as well as your rights of withdrawal, are not restricted, excluded or modified by this EULA.

Section 8 Term and Termination

(1) This EULA takes effect upon the lawful acquisition or installation of the App and applies for as long as you use the App or the right of use granted under Section 2 exists.

(2) The Provider may revoke the right of use granted under Section 2 only for good cause and only in the event of culpable, serious violations of material provisions of this EULA. The following are deemed to be serious violations in this sense, conclusively:

Prior to revoking the right of use, we will — except in the case of imminent danger or in the case of manifestly serious, irremediable legal violations — first request you to remedy the matter within a reasonable period and will act proportionately (cf. Section 9(5) of the Terms). Services already lawfully acquired and paid for and fully rendered (in particular one-time consumable purchases already made) remain unaffected by any such revocation.

(3) You may terminate this EULA at any time by ceasing use and uninstalling the App from your end devices. The termination of the service/usage contract and the cancellation of any ongoing paid services are governed by Section 11 of the Terms (including the in-app cancellation feature pursuant to Section 312k BGB); your rights of withdrawal are governed by Section 6 of the Terms.

(4) Upon termination of the right of use, you must cease using the App and delete existing copies. One-time consumable purchases already made remain unaffected within the scope of their respective service purpose; for refunds, see Sections 4, 16 of the Terms. Provisions which by their nature are intended to continue in effect (in particular Sections 3, 4, 7, 9 of this EULA) remain effective after termination.

Section 9 Platform-Specific Provisions

The following provisions supplement this EULA for the supply via the respective platform. In the event of conflicts between this Section 9 and the remaining provisions of this EULA, the platform-specific provisions prevail in accordance with the order of precedence in Section 1(4), but only for the external relationship with the respective platform operator.

A. Apple App Store (Apple iOS / iPadOS) — “Licensed Application End User License Agreement”

For the App acquired via the Apple App Store, this EULA constitutes the End User License Agreement concluded between you and the Provider. The following applies additionally:

(1) Contracting parties / Apple not a contracting party: This EULA is concluded exclusively between you and the Provider (not with Apple). The Provider, not Apple, is solely responsible for the App and its content. Insofar as this EULA conflicts with the terms of the Apple Media Services / the standard Apple EULA, the Apple terms apply to the relationship with Apple.

(2) Scope of License: The license granted to you for the App is limited to a non-transferable right to use the App on any Apple-branded device that you own or control, in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may also be used as permitted therein via “Family Sharing” or volume licenses.

(3) Maintenance and Support: The Provider alone is responsible for providing any maintenance and support services for the App (contact: info@partyspot.app as well as the second contact channel pursuant to Section 1(2)). Apple has no obligation in this regard.

(4) Warranty: The Provider alone is responsible for any warranties, insofar as these are not effectively excluded. In the event that the App fails to conform to any applicable warranty, you may notify Apple thereof; Apple will then refund to you the purchase price, if any, of the App (insofar as applicable). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. This possible Apple price refund does not channel your rights to Apple: your statutory rights in respect of defects directly against the Provider (in particular subsequent performance, price reduction, termination of the contract and, where applicable, damages pursuant to Sections 327 et seq. BGB) as well as your rights of withdrawal and refund pursuant to Section 6 of the Terms are neither excluded nor precluded by the Apple refund; you may assert these via the in-app withdrawal/refund feature directed directly against the Provider (Section 4(6), Section 6(5) of the Terms) as well as via the contact channels named in Section 1(2). Your mandatory consumer rights (in particular Sections 327 et seq. BGB as well as your rights of withdrawal) remain unaffected.

(5) Product Claims: The Provider, not Apple, is responsible for handling any claims by you or third parties relating to the App or your possession and/or use of the App, in particular (i) product liability claims, (ii) claims for non-compliance with statutory or regulatory requirements, as well as (iii) claims under consumer-protection, data-protection or similar provisions, including in connection with the use of HealthKit/HomeKit (where applicable; not used in PartySpot).

(6) Intellectual Property Rights: In the event that a third party asserts that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Provider alone, not Apple, is responsible for the investigation, defense, settlement and discharge of any such claim.

(7) Legal Compliance / Export and Sanctions Law: You represent that you (i) 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) are not listed on any U.S. Government list of prohibited or restricted parties. You undertake, when using the App, to comply with the applicable export, re-export, import and sanctions provisions (in particular those of the EU, Germany and the USA).

(8) Third Party Terms: You undertake, when using the App, to comply with applicable third-party terms (e.g. the terms of the music and cloud services used as well as any mobile/data terms). Note: third-party providers of content or services integrated into the App may benefit from this undertaking as third-party beneficiaries, where applicable.

(9) Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

(10) Developer name / contact details: For questions, complaints or claims relating to the App (including those under the foregoing paragraphs), you may contact the Provider at the contact details named in Section 1(2).

B. Google Play (Android)

(1) For the App acquired via Google Play, the Google Play Terms of Service as well as Google’s distribution and program policies additionally apply. This EULA is concluded exclusively between you and the Provider; Google is not a contracting party to this EULA. The Provider alone is responsible for the App, its content as well as for maintenance and support.

(2) Insofar as there is a conflict between this EULA and the Google Play Terms of Service with regard to the relationship with Google, the Google terms prevail to that extent. Your mandatory consumer rights (Sections 327 et seq. BGB) remain unaffected.

C. Common Provision

The platform operators (Apple, Google) process the acquisition and payment of the App and the in-app purchases via their systems (cf. Section 4 of the Terms). This EULA does not establish any rights or obligations of the platform operators beyond the foregoing provisions.

Section 10 Applicable Law and Final Provisions

(1) Applicable law: The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If, as a consumer, you have your habitual residence in another state, you retain the protection afforded to you by the mandatory provisions of the law of your state of residence (Article 6(2) of the Rome I Regulation); this choice of law does not deprive you of that protection. The platform-specific provisions (Section 9) remain unaffected.

(2) Consumer protection unaffected: This EULA does not restrict your mandatory consumer-protection rights (in particular Sections 327 et seq. BGB, rights of withdrawal, warranty rights). Insofar as a provision of this EULA would violate mandatory consumer law, it applies only to the extent permissible; otherwise the statutory provisions take its place.

(3) Place of jurisdiction: No statutory place of jurisdiction is waived by this EULA; as a consumer, in accordance with the mandatory provisions (in particular Articles 17 et seq. of Regulation (EU) No 1215/2012 — Brussels Ia), you may as a rule bring proceedings before the court of your place of residence and may be sued only there.

(4) Severability clause: Should individual provisions of this EULA be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of an invalid or unenforceable provision. This clause does not result in any change to the statutory burden of proof to your detriment and does not restrict your mandatory consumer rights.

(5) Text form/contact: Communications in connection with this EULA may be made in text form, in particular by email to info@partyspot.app.

(6) Supplementary applicability of the Terms: In all other respects, the Terms as well as the separate privacy policy (Section 17 of the Terms) in their respective valid version apply additionally.

EULA Version 1.0 (draft) · aligned with Terms Version 1.0

As of: 19 June 2026