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Terms and Conditions and Terms of Use 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.

§ 1 Scope of Application, Contracting Party, and Definitions

(1) These General Terms and Conditions (hereinafter “T&C”) apply to the use of the mobile application “PartySpot” (hereinafter “App”) for the operating systems Apple iOS and iPadOS as well as Google Android. A web version is not offered.

(2) The provider and contracting party is:

SZuCO – Dr.-Ing. Piotr Szegvári (sole proprietor / Einzelunternehmer) Zum Weizenring 14 14469 Potsdam Germany Email: info@partyspot.app

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

The complete provider identification is set out in § 19 of these T&C.

(3) These T&C apply vis-à-vis consumers within the meaning of Sec. 13 BGB (German Civil Code — definition of a consumer). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. The App is primarily designed for the organization and arrangement of private parties. Commercial or business-related use (e.g., by professional event organizers) is not technically excluded, but is undertaken at the Host’s own risk; it may be subject to additional legal requirements (cf. § 7) and, where applicable, to differing or supplementary terms.

(4) These T&C apply exclusively. Differing, conflicting, or supplementary terms of the user (hereinafter uniformly “user”, “you”) shall not become part of the contract unless we have expressly consented to their application.

(5) The T&C are made expressly available to you, and you are afforded the opportunity to take note of their content in a reasonable manner, prior to the conclusion of the user agreement as part of the onboarding process (Sec. 305 (2) BGB (German Civil Code — incorporation of standard business terms)); they can be retrieved and saved within the App at any time under the menu item “Legal” / “T&C”. By confirming during the onboarding process, you declare your agreement to the incorporation of these T&C. The respective accepted version is logged with a version number and timestamp.

(6) Definitions:

§ 2 Description of Services

(1) PartySpot is an App for organizing and arranging — generally private — parties. The essential functions are:

a) Music control (remote control, no streaming of its own): The App remotely controls a third-party music app already installed on the Host’s device, namely Spotify (via the Spotify App Remote SDK) or Apple Music (via MusicKit). The actual music playback occurs exclusively via the third-party app and the Host’s account there (generally a paid Premium account). PartySpot itself does not stream any music, does not reproduce any musical works, does not store any sound recordings, and does not make any music available to the public. The App merely transmits control commands (e.g., selection, start, pause, sequence) to the installed third-party app. Functions include, among others, collaborative music voting (five voting modes), multi-window playlists, and an Auto-DJ. Which personal data PartySpot itself processes in connection with the integration of Spotify or Apple Music (e.g., OAuth tokens, account identifiers), and on what legal basis, is set out in the privacy policy (§ 17).

b) Photo and video gallery: Guests and the Host can collaboratively submit photos and videos (videos up to a maximum of 30 seconds, compressed on-device) into a shared party gallery during a party. There are functions for photo voting and for commenting. By means of a technical notice (“Screenshot Guard”), participants may be informed when a screenshot is taken of content in the gallery. This notice constitutes an independent data processing operation, the purpose of which (protection of the image rights of the persons depicted) and the legal basis of which are described in the privacy policy (§ 17).

c) Storage location (multi-storage): The storage location of the photos and videos is freely selectable by the Host. The following options are available:

(2) The App is made available for download via the app distribution platforms Apple App Store and Google Play Store. The prerequisites for use are a compatible end device, an internet connection, and — for music control — an installed and configured Spotify or Apple Music app with the Host’s account required for that purpose.

(3) The scope of functions of the App may differ depending on tier (party level) and booked add-ons. Decisive for the respective scope of services is the description in the store listing and in the respective purchase process at the time of acquisition.

(4) The App contains no advertising and provides for no subscriptions. Paid functions are provided exclusively via one-time in-app purchases (consumable purchases) (cf. § 4).

(5) For functions provided free of charge, as well as for functions that depend on the availability of third-party services (Spotify, Apple Music, Dropbox, Google Drive, app store platforms), there is no claim to any particular, uninterrupted availability. For digital products provided against payment (in particular paid storage packages), the mandatory rights under Secs. 327 et seq. BGB (German Civil Code — contracts for digital products) (conformity, including the objective expectation of availability, as well as updates) remain unaffected. Further details are governed by § 5 and § 14.

§ 3 Registration, Anonymous Guest Use, Aliases, and Access Data

(1) The use of the Host functions requires a user account. For this purpose, an email address and a display name are collected; registration may also take place via a login provided by the respective operating system or third-party provider.

(2) Guests can join a party without registration by using the QR code or the eight-digit join code and assigning a freely selectable alias. Anonymous participation is possible in this respect. Even with anonymous use, a push token may be processed technically (cf. privacy policy, § 17).

(3) Paid in-app purchases require that a durable medium is available for delivery of the legally required confirmations (in particular Sec. 312f BGB (German Civil Code — confirmation of the contract), Sec. 356a BGB (German Civil Code — obligation to provide a withdrawal function and to acknowledge receipt of the withdrawal)). For this purpose, an account with a valid email address or another durable medium (e.g., a PDF receipt generated in the App that can be downloaded and saved) is required. Without such a means of transmission, paid purchases cannot be initiated (cf. § 6).

(4) The chosen alias and the display name must not infringe the rights of third parties (in particular name, trademark, or personality rights) and must not violate applicable law or public morality. In the case of an unlawful or manifestly abusive alias/display name, we will — except in cases of imminent danger (Gefahr im Verzug) or manifestly serious legal violations — first request you to remedy the situation within a reasonable period. Only thereafter are we entitled, observing proportionality and weighing your legitimate interests, to change or block the affected alias/display name.

(5) You are obliged to treat your access data confidentially and to protect it from access by third parties. If there are indications of misuse of your account, please inform us immediately at info@partyspot.app.

(6) The information you provide upon registration must be truthful and complete.

§ 4 In-App Purchases (One-Time Consumable Purchases), Prices, and Billing

(1) Within the App, one-time, paid services may be acquired (consumable purchases). These include in particular:

These are in each case one-time purchases; no subscriptions and no recurring payments are concluded. For the legal classification of the individual product types (digital content or digital service), cf. § 6 (8).

(2) Billing via the platform: The acquisition and payment processing take place exclusively via the in-app purchase systems of the respective platform (Apple App Store or Google Play Store). The terms and payment modalities of the respective platform operator additionally apply in this respect. The role of the platform operator (e.g., as an intermediary, agent, reseller/“merchant of record”, and/or billing and payment service provider) is governed by its respective valid terms; these may change, for instance due to regulatory requirements (including those relating to alternative payment and distribution channels).

(3) Contractual service under the law of obligations and payment processing: The respective PartySpot function (e.g., activation of a party tier, a storage add-on, or the Party Recap) is provided by the Provider (§ 1 (2)). The payment processing and, where applicable, the purchase contract regarding payment, by contrast, take place via the platform and are subject to the terms of the respective platform operator; in particular, refunds are technically processed via its system. The respectively applicable total price (incl. any taxes), the essential characteristics of the service, and the further mandatory information are displayed to you immediately before the conclusion of the respective purchase. The order button is clearly labelled as subject to payment in accordance with the requirements of the respective platform (cf. Sec. 312j (3) BGB (German Civil Code — obligations in e-commerce, “buy” button)).

(4) Each individual in-app purchase is a separate distance contract; the pre-contractual information and withdrawal obligations are fulfilled for each purchase process, not only once upon installation.

(5) Server-side validation: To prevent fraud and to ensure the proper provision of services, a server-side validation of the purchase receipts (receipt validation) is carried out. An invalid, manipulated, or revoked purchase receipt may lead to the refusal or withdrawal of the respective paid function.

(6) Refunds, right of withdrawal, and liability for defects: You may assert your statutory right of withdrawal (Widerruf) and your statutory rights in respect of a lack of conformity (liability for defects / Gewährleistung) (in particular under Secs. 327 et seq., 355 BGB (German Civil Code — contracts for digital products; right of withdrawal)) at any time directly vis-à-vis us — via the in-app withdrawal function (§ 6 (5)) or by notice to info@partyspot.app. These statutory rights in respect of a lack of conformity are not a voluntary guarantee (Garantie). We ourselves receive and process the withdrawal. In addition, the platform operators (Apple/Google) offer their own refund processes; making use of these is an additional, voluntary route and leaves your statutory rights vis-à-vis us unaffected.

§ 5 Contract for Digital Products (Secs. 327 et seq. BGB), Provision, and Updates

(1) The provision of the App and of the paid functions takes place as a provision of digital products (digital content and digital services) to consumers. Secs. 327 et seq. BGB (German Civil Code — contracts for digital products) apply. Secs. 327 et seq. BGB also apply where the App or individual functions are provided free of charge and you provide personal data for this purpose that are not processed exclusively for the provision of the product or for compliance with legal requirements (Sec. 327 (3) BGB (German Civil Code — scope where personal data is provided)).

(2) Provision and activation: We provide the respective digital product in the version current at the time the contract is concluded. Acquired consumable purchases (e.g., party tier, storage add-on, Party Recap) are activated after successful completion of the purchase. If you wish for immediate activation before expiry of the withdrawal period, this takes place only after the consents and confirmations under § 6 (3) (digital content) or § 6 (4) (digital services) have been obtained. Without these consents and confirmations, your right of withdrawal remains in full.

(3) Liability for defects (rights in respect of a lack of conformity): We provide the digital product free of product and legal defects in accordance with Secs. 327d et seq. BGB (German Civil Code — conformity of digital products). The product corresponds to the agreed (subjective) as well as the objective requirements and is provided in the quality customary for a digital product of this kind. In the event of defects, you have the statutory rights, in particular to supplementary performance (establishing the contractually compliant state), price reduction, and termination of the contract, as well as, where applicable, damages in accordance with § 13. These statutory conformity rights are mandatory and are not a voluntary guarantee (Garantie). The statutory reversal of the burden of proof (Sec. 327k BGB (German Civil Code — burden of proof)) and the limitation rules (Sec. 327j BGB (German Civil Code — limitation periods)) remain unaffected.

(4) Provision and update period: In the case of a one-time provision (Sec. 327 (2) sentence 2 BGB (German Civil Code — single act of provision); in particular party tiers and Party Recap), we owe updates for the period that the consumer can reasonably expect according to the type and purpose of the product. In the case of continuous provision over a period of time (in particular paid storage packages), we owe updates for the duration of the booked storage provision.

(5) Updates (Sec. 327f BGB (German Civil Code — updates)): During the relevant provision period (para. 4), we provide the updates that are necessary to maintain the conformity of the digital product, including necessary security updates, and inform you thereof. You are required to install updates provided and offered by us within a reasonable period. If you fail to install a provided update, or fail to install it properly, despite proper information about its availability and about the consequences of a failure to install, we are not liable for defects attributable solely thereto, provided the failure to install or the faulty installation is not due to defective installation instructions (Sec. 327f (2) BGB).

(6) Changes to the digital product (Sec. 327r BGB (German Civil Code — modifications of digital products)): Insofar as this concerns a continuous provision, we may change the digital product beyond what is necessary to maintain conformity only if there is a valid reason for doing so, you do not incur additional costs thereby, and you are informed of the change clearly and comprehensibly. Valid reasons are in particular the adaptation to a changed technical environment (e.g., interface changes by Spotify, Apple Music, or the cloud services), an enhancement of IT security, or adaptations on account of changed legal requirements. If a function necessarily ceases or changes because a third-party provider discontinues or changes its service or an interface (SDK/API), we process this via Sec. 327r (1) BGB (valid reason) (cf. § 14 (2)). If such a change adversely affects your ability to access or use the product more than only insignificantly, you may terminate the contract free of charge within 30 days, unless we continue to enable the unchanged state for you free of charge (Sec. 327r (3), (4) BGB).

§ 6 Right of Withdrawal, Withdrawal Function, and Expiry of the Right of Withdrawal

(1) Consumers are in principle entitled to a statutory right of withdrawal in the case of contracts concluded by means of distance communication. The following withdrawal instruction applies to the paid digital products acquired via the App.

(2) Withdrawal Instruction

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (SZuCO – Dr.-Ing. Piotr Szegvári, Zum Weizenring 14, 14469 Potsdam, Germany, email: info@partyspot.app) by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

**** If you have requested that the provision of the service (continuous provision of storage space) begin during the withdrawal period, you must pay us a reasonable amount which corresponds to the proportion of the service already provided up to the point in time at which you inform us of the exercise of the right of withdrawal in relation to the full scope of the service provided for in the contract.

Explanatory note on the reversal/refund (not part of the official instruction): Since payment processing takes place via the platform (Apple/Google) (§ 4 (2), (3)), the technical refund may be carried out via the system of the respective platform operator. This leaves unaffected your statutory reimbursement claim directed against us. For the product-specific design of the withdrawal instruction (digital content without compensation for value vs. digital service with proportionate compensation for value), see para. 8; in the purchase process you are shown, in each case, the withdrawal instruction applicable to the specific service.

(3) Early expiry in the case of digital content (Sec. 356 (5) BGB (German Civil Code — expiry of the right of withdrawal for digital content)). In the case of a contract for the provision of digital content not supplied on a tangible medium (in particular party tiers and Party Recap, cf. para. 8), your right of withdrawal expires early only if

a) you expressly consent to our commencing performance of the contract before the expiry of the withdrawal period, and

b) you confirm your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of performance of the contract, and

c) we have provided you with a confirmation of the contract pursuant to Sec. 312f BGB (German Civil Code — confirmation of the contract) on a durable medium that expressly evidences your consent to the early commencement of performance and your awareness of the loss of the right of withdrawal.

We obtain the two consumer declarations under lit. a and b (express consent and confirmation of awareness) prior to the commencement of performance in two separate, active, and not pre-selected steps within the App’s own interface; they are placed upstream of the platform-controlled purchase process (Apple/Google). The confirmation on a durable medium under lit. c is provided by us pursuant to Sec. 312f BGB. All three prerequisites under lit. a to c must be satisfied cumulatively. If activation takes place without all of the foregoing prerequisites having first been obtained, or if the service is free of charge, your fourteen-day right of withdrawal remains in full. In the case of digital content, you owe no compensation for value (Wertersatz) in the event of an effective withdrawal (Sec. 357a (3) BGB (German Civil Code — no compensation for value for digital content)).

(4) Early expiry in the case of digital services (Sec. 356 (4) BGB (German Civil Code — expiry of the right of withdrawal for services)). Insofar as the acquired service is a digital service (in particular storage add-ons with continuous provision of storage space, cf. para. 8), the right of withdrawal expires only upon complete performance of the service, and only if you have expressly consented to our commencing performance before the expiry of the withdrawal period and have confirmed your awareness that you lose your right of withdrawal upon complete fulfilment of the contract. If you exercise your right of withdrawal after having given the foregoing consent, a proportionate compensation for value for the service rendered up to the withdrawal may be owed (Sec. 357a BGB (German Civil Code — consequences of withdrawal for contracts for digital products, compensation for value)). In this case, the product-specific withdrawal instruction shown to you for the storage add-on contains the corresponding design note on compensation for value (cf. para. 2 and para. 8).

(5) Withdrawal function in the App (Sec. 356a BGB (German Civil Code — obligation to provide a withdrawal function and to acknowledge receipt of the withdrawal)). We provide in the App a withdrawal function (Widerruf, button “Withdraw from contract”) that is permanently available, clearly visible, and easily accessible throughout the entire withdrawal period. After activation, you reach a confirmation page on which you can provide your name, the contract to be withdrawn from (identification of the purchase), and a means of communication for the acknowledgement of receipt; you complete the withdrawal with a separate button “Confirm withdrawal”. We acknowledge receipt of your withdrawal declaration to you without undue delay on a durable medium, stating the content of the declaration as well as the date and time of receipt; this acknowledgement of receipt makes no statement as to the effectiveness of the withdrawal. For anonymous purchasers who do not maintain an account with an email address, we make the withdrawal function accessible without an account and enable the acknowledgement of receipt via another durable medium (cf. § 3 (3)). The withdrawal (Widerruf) under this provision is to be distinguished from the cancellation/termination (Kündigung) under § 11.

(6) Model Withdrawal Form

To: SZuCO – Dr.-Ing. Piotr Szegvári, Zum Weizenring 14, 14469 Potsdam, Germany, email: info@partyspot.app I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following service in PartySpot: ____________________ Ordered on () / received on (): ____________________ Name of the consumer(s): ____________________ Address of the consumer(s): ____________________ Date: ____________________ (Signature, only for notification on paper) (*) Delete as applicable.

(7) Confirmation on a durable medium (Sec. 312f BGB (German Civil Code — confirmation of the contract)). In the case of digital content, the contract confirmation expressly includes that you consented to the early commencement of performance and confirmed your awareness of the loss of the right of withdrawal (para. 3). If no email address is available, the confirmation is provided via another durable medium (cf. § 3 (3)).

(8) Allocation of product types. For the application of the foregoing paragraphs, the following applies: Party tiers and Party Recap are digital content within the meaning of Sec. 356 (5) BGB (no compensation for value, para. 3). Storage add-ons that provide storage space continuously over a period of time may be classified as a digital service within the meaning of Sec. 356 (4) BGB (para. 4); for these, a proportionate compensation for value may be owed in the event of a withdrawal after an early commencement of performance has been requested (para. 4). Accordingly, we hold available two product-specific withdrawal instructions — one for digital content (without compensation for value) and one for digital services (with the design note on proportionate compensation for value, para. 2) — and, in the purchase process, you are shown, in each case, the withdrawal instruction applicable to the specific service.

§ 7 Duties and Responsibility of the Host as Event Organizer; Music License Disclaimer

(1) The Host is the event organizer of the party they have created, insofar as their party qualifies under copyright law as a communication to the public within the meaning of Secs. 15 (3), 19 UrhG (German Copyright Act — communication to the public). In the case of purely private parties within a personally connected circle (family, friends), there is generally no communication to the public and thus generally no GEMA/GVL obligation. Insofar as a communication to the public exists, the Host is solely responsible for the legal admissibility of their event and of the music playback taking place there.

(2) Music use and communication to the public: The consumer/premium licenses available via Spotify or Apple Music generally cover only private, non-commercial, and non-public use. A communication of music to the public within the meaning of Secs. 15 (2), (3), 19 UrhG (German Copyright Act — communication to the public) (e.g., at events outside the purely private, personally connected circle) is not covered by these consumer licenses and may trigger additional rights and obligations.

(3) GEMA/GVL and permits: Insofar as an event constitutes a communication to the public under copyright or ancillary copyright law, the Host alone, as event organizer, is responsible for

An existing framework agreement of a venue generally does not cover an external event organizer. In the event of a failure to register, or late registration, additional costs (e.g., a surcharge for inspection costs / Kontrollkostenzuschlag) and claims for damages may arise.

(4) Clarification of PartySpot’s role: PartySpot provides exclusively a technical control function for the third-party music app installed on the Host’s device (cf. § 2 (1) lit. a). PartySpot does not become the event organizer, does not undertake any music use in its own name, and does not assume any of the Host’s license- or permit-related obligations. The assessment of whether a communication is public and which licenses/permits are required is incumbent on the Host.

(5) The Host indemnifies PartySpot against all third-party claims (in particular from collecting societies, rights holders, or authorities), insofar as these are based on a breach of the foregoing obligations for which the Host is responsible (culpable). No fault-independent (strict-liability) indemnification is agreed in this respect. In all other respects, § 12 (indemnification) applies.

§ 8 User Content (Photos/Videos, Comments): Rights, Consents, Grant of Rights

(1) Responsibility and representations regarding rights: You are solely responsible for the content you submit (in particular photos, videos, comments). You represent and warrant that you hold all necessary rights to submit the content to the App and to use it within the respective party, that the consents of depicted persons required under paragraph 2 are in place, and that the content does not infringe any rights of third parties (in particular copyright, ancillary copyright, trademark, name, or personality rights) and does not violate any statutory prohibitions.

(2) Consent of depicted persons (Sec. 22 KUG (German Act on Copyright in Works of Art and Photography — consent for use of likeness) / GDPR): You represent and warrant that the persons recognizably depicted in your uploads agree to the storage and sharing of the content within the respective party gallery, insofar as this is required (Sec. 22 KUG, Art. 6 (1), Art. 7 GDPR (GDPR — lawfulness of processing; conditions for consent)). If content is made accessible beyond the purely private, personally connected circle, obtaining the necessary consents is the task of the Host as event organizer. In the case of recognizably depicted minors, the consent of all persons with custody is required; in the case of joint custody — since the dissemination of photos is generally not a matter of daily life — the consent of both parents must be obtained. From the point at which the minor has sufficient capacity of discernment / sufficient maturity of judgement (Einsichtsfähigkeit; generally from the age of 14), the consent of the minor themselves is additionally required (a dual consent requirement / Doppelzuständigkeit: the consent of both the person(s) with parental custody and the minor with sufficient capacity of discernment is needed).

(3) Note on reach and responsibility as a controller: A publication of content beyond the respective party and the intended circle of participants is not part of the function of the App. The so-called household exemption (Art. 2 (2) lit. c GDPR (GDPR — purely personal or household activity)) comes into consideration only for purely private parties within a personally connected circle; it does not apply in particular where content is made accessible to a circle of persons that is not personally connected or is undefined (cf. CJEU, “Ryneš”). Insofar as the household exemption does not apply, the Host as event organizer may bear their own responsibility as a controller (controllership) for the personal photos shared within a party. To be distinguished from this is the processing that the Provider itself carries out (in particular storage, hosting, and compression in PartySpot Storage): in this respect, the Provider is its own controller or processor, respectively. The household exemption therefore does not relieve the Provider. In addition, the privacy policy (§ 17) applies, which describes the relationship of responsibilities in more detail.

(4) Grant of rights to PartySpot (limited to the service): You grant us, in the content you submit, a non-exclusive usage right, limited spatially to what is necessary for the operation of the App and limited temporally to the duration of storage, which serves exclusively to operate the App in conformity with the contract. This encompasses only the technically necessary acts, in particular the storing, uploading, technical processing/compression, holding available, and displaying of the content to the authorized participants of the respective party. We do not acquire any usage going beyond this, in particular not any exclusive, irrevocable, temporally/spatially unlimited, or commercial usage. In all other respects, all rights in the content remain with you or the authorized rights holders.

(5) External storage: If the Host selects, as the storage location, an external cloud managed by themselves (Dropbox, Google Drive), the foregoing grant of rights is limited to what is technically necessary for the transfer to the selected external storage. The further storage and use is then governed by the relationship between the Host and the external cloud provider.

(6) Analysis of song/voting data in aggregated, non-personally-attributable form: The song and voting data arising in the context of parties may be used by us exclusively in aggregated, non-personally-attributable form (in particular as setlists that cannot be traced back to an individual party and its location) for the following, exhaustively determined purposes: statistical analyses, improvement and further development of the App, and recommendation functions. A corresponding collection may be maintained in this form (“parties-data”). A use of personal or personally attributable (pseudonymous) data for these purposes does not take place on the basis of this clause; insofar as complete anonymization is not technically achieved in an individual case, we base the processing on the legal basis specified in the privacy policy (§ 17) (Art. 6 (1) GDPR (GDPR — lawfulness of processing)). The relationship to your rights under Secs. 327 et seq. BGB (in particular Sec. 327q BGB (German Civil Code — effects of data protection law on the contract)) remains unaffected.

§ 9 Prohibited Content, Moderation, and Deletion Rights

(1) It is prohibited to submit content that violates applicable law or public morality. Prohibited in particular is content that

(2) Closed party groups: The party galleries are closed groups technically limited to the respective circle of participants defined by the QR code/join code; a dissemination of content to the public is not part of the function. In our assessment, PartySpot is therefore not an “online platform” within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, DSA), so that the more extensive obligations for online platforms (Section 3 of Chapter III DSA) do not apply. As a provider of a hosting service and as a micro-enterprise (Art. 19 DSA), we are subject only to the obligations applicable to us in this respect.

(3) Notice-and-action procedure / moderation: We provide a procedure for reporting illegal content (contact: info@partyspot.app) and review incoming reports (notice-and-action procedure under Art. 16 DSA). If we obtain knowledge of content that is illegal or that violates these T&C, we are entitled — and, to the extent legally required, obliged — to remove the affected content or to block access to it. The liability privileges applicable to us as a provider of a hosting service follow directly from Arts. 4 to 8 DSA (as a directly applicable Regulation); Secs. 7 et seq. DDG (German Digital Services Act / Digitale-Dienste-Gesetz) refer to and supplement these provisions of the DSA.

(4) Statement of reasons and objection: If we remove or block content submitted by you, we will inform you — insofar as a means of communication is available and this is legally permissible — stating the essential reasons for the decision. You may object to the decision informally at info@partyspot.app; we will review your objection and inform you of the result.

(5) In the case of serious or repeated violations, we may delete content, block access, and terminate the user account. Prior to a block or termination, we will — except in cases of imminent danger (Gefahr im Verzug) or manifestly serious legal violations — first request you to remedy the situation within a reasonable period. In doing so, we take into account the legitimate interests of the affected users and act proportionately in selecting the measure.

(6) Paid functions / unjustified measures: If a block or termination of paid functions (e.g., party tier, storage package) occurs for good cause for which you are responsible, § 16 (3) applies. In the case of an unjustified block or measure, your claims for reimbursement and damages remain unaffected.

(7) The foregoing shift of responsibility for content to the respective user leaves unaffected our own statutory obligations as a service provider and as a controller.

§ 10 Storage Duration and Deletion Periods

(1) We store content and data only for as long as is necessary for the respective purpose or as legal obligations require. In PartySpot Storage, the following standard periods apply — subject to statutory retention obligations and the advance warning below:

a) Photos and videos: Deletion 30 days after the end of the respective party.

b) Parties: Deletion 12 months after the last party purchase allocated to the respective party.

c) User accounts: Deletion after 12 months of inactivity.

(2) Advance warning: Prior to deletion under paragraph 1, we will inform you in good time by push notification and — insofar as an email address is available — by email, so that you can back up the affected content in good time.

(3) Recommendation of self-backup: We recommend that you additionally back up important content (in particular photos and videos) elsewhere. This is merely a recommendation and not a liability-limiting precondition. Insofar as loss-free storage is precisely the principal contractual obligation (in particular in the paid PartySpot Storage), we owe contractually compliant storage; in this respect there is no obligation to self-backup. Your mandatory consumer rights (in particular Secs. 327 et seq. BGB) remain unaffected.

(4) External storage: If the Host has selected, as the storage location, a self-managed external cloud (Dropbox, Google Drive), the foregoing deletion periods do not apply thereto. Storage, retention, backup, and deletion in the external cloud are the sole responsibility of the Host in accordance with their contract with the respective cloud provider.

(5) You may request the deletion of your content and your account at any time via the functions provided in the App or by notice to info@partyspot.app. Data protection deletion claims (Art. 17 GDPR (GDPR — right to erasure)) remain unaffected.

§ 11 Contract Term, Termination, and Cancellation Function

(1) The user agreement regarding the App is concluded for an indefinite period and may be terminated by you at any time by deleting your account or uninstalling the App. One-time consumable purchases already made remain unaffected by this within the scope of their respective service purpose.

(2) Cancellation function in the App (Sec. 312k BGB (German Civil Code — cancellation button for continuing-obligation contracts)). For the contracts with paid functions that are concluded via the user interface of the App and that are designed to be of a continuing nature (in particular continuously provided storage packages), we provide in the App a cancellation function (Kündigung) that is permanently available and directly and easily accessible. This is reachable without a preceding login (button “Cancel contracts here” / “Cancel contract”). After activation, you reach a confirmation page on which you can provide the information required under Sec. 312k (2) BGB (in particular the type of cancellation, the designation of the contract, identification and means of communication for the cancellation confirmation, as well as the cancellation date). With a separate confirmation button, you submit the cancellation declaration. We confirm to you without undue delay on a durable medium the receipt as well as the date and time of your cancellation, and the time at which the contractual relationship will be terminated.

(3) The right of both parties to terminate for good cause remains unaffected. Good cause for us exists in particular in the case of serious or repeated violations of these T&C or of applicable law; § 9 (5) (prior request to remedy, proportionality) applies accordingly.

(4) The cancellation function (Kündigung, Sec. 312k BGB) under paragraph 2 stands alongside the withdrawal function (Widerruf, Sec. 356a BGB) under § 6 (5) and does not replace it.

§ 12 Indemnification

(1) You indemnify us against all justified third-party claims that third parties assert against us on account of an infringement of their rights for which you are responsible (culpable) through content submitted by you or through your use of the App. This includes the reasonable and substantiated costs necessary for legal defense, but at most the statutory fees arising under the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG).

(2) The indemnification is limited to such claims for which you are responsible under the general principles; no fault-independent (strict-liability) indemnification is agreed.

(3) We will inform you without undue delay of any recourse by third parties that may lead to an indemnification, give you — insofar as legally possible — the opportunity for your own legal defense, and make no admissions or settlements without your prior consent, insofar as this is reasonable. You are obliged, in the event of recourse, to provide us without undue delay, truthfully, and completely with the information necessary for the examination and defense of the claims.

(4) Our own statutory responsibility and any contributory fault on our part remain unaffected; in this respect, your indemnification obligation is reduced accordingly.

§ 13 Liability

(1) We are liable to you without limitation

(2) In the case of the merely negligent breach of an essential contractual duty (cardinal duty — a duty the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely), our liability is limited to the foreseeable damage typical of the contract, foreseeable at the time the contract was concluded.

(3) In all other respects, liability — in particular for simple negligence in the breach of non-essential contractual duties — is excluded.

(4) The foregoing limitations of liability also apply for the benefit of our legal representatives and vicarious agents. A change to the burden of proof to your detriment is not associated with this.

(5) Data loss: For the loss of data, we are liable in accordance with the foregoing paragraphs. Any contributory fault due to a failure to undertake reasonable data backup is taken into account in the individual case pursuant to Sec. 254 BGB (German Civil Code — contributory fault); there is no general obligation to self-backup as a precondition of our liability, in particular not insofar as loss-free storage is precisely the principal contractual obligation (paid PartySpot Storage; cf. § 10 (3)). Insofar as a restoration from backups properly created by you is possible, the expense to be compensated may be limited to this. Your mandatory rights under Secs. 327 et seq. BGB remain unaffected.

(6) Third-party services: We are not liable for the availability, functionality, content, or legality of the third-party services you use (in particular Spotify, Apple Music, Dropbox, Google Drive, as well as the app store platforms). In this respect, independent contractual relationships exist between you or the Host and the respective third-party provider (cf. § 14).

§ 14 Availability, Third-Party Services, and Technical Prerequisites

(1) We endeavor to ensure the highest possible availability of the App. For free functions, we do not owe any particular, uninterrupted availability. Maintenance work, disruptions outside our sphere of influence (in particular of the internet, the mobile networks, the end devices, or the third-party services), as well as cases of force majeure may temporarily restrict usability. For digital products provided against payment (in particular paid storage packages), the mandatory rights under Secs. 327 et seq. BGB (conformity, including the objective expectation of availability, as well as updates) remain unaffected.

(2) Music control requires a Spotify or Apple Music app installed and properly set up by the Host, together with the account required there (generally a paid account). We have no influence over the existence, scope of functions, interfaces (SDK/API), and conditions of these third-party services. If a third-party provider discontinues or changes its service or an interface, the corresponding function of the App may cease or be restricted; Sec. 327r BGB / § 5 (6) (changes to the digital product) remains unaffected.

(3) For the external cloud storage used by you or the Host (Dropbox, Google Drive), the terms and privacy notices of the respective provider apply; the connection is established via OAuth and is managed by the Host on their own responsibility.

§ 15 Minors

(1) The use of the App and, in particular, the conclusion of paid in-app purchases require the necessary legal capacity. Minors may use the App only with the consent of their legal representatives; for contracts concluded by minors, Secs. 104 et seq. BGB (German Civil Code — legal capacity) apply.

(2) In connection with the App, three different age thresholds for three different matters must be distinguished:

a) Legal capacity for the effective conclusion of contracts (in particular in-app purchases): in accordance with Secs. 104 et seq. BGB (German Civil Code — legal capacity);

b) data protection consent to information society services: pursuant to Art. 8 GDPR (GDPR — child’s consent in relation to information society services), in Germany effective only from the completion of the age of 16; for younger persons, the consent or authorization of the holders of parental responsibility is required;

c) consent to the use of one’s own likeness (photo/video): from the point at which the minor has sufficient capacity of discernment / sufficient maturity of judgement (Einsichtsfähigkeit; generally from the age of 14), in addition to the consent of the persons with custody (a dual consent requirement; cf. § 8 (2)).

(3) We do not knowingly collect personal data from children below the respective relevant age threshold without the required consent. If we obtain knowledge of a data processing operation to the contrary, we delete the affected data without undue delay.

§ 16 Blocking and Consequences

(1) In the case of a justified block or termination for good cause for which you are responsible, there is no claim to reimbursement of purchases already processed via the platform; statutory claims remain unaffected.

(2) Blocks and measures are subject to the prerequisites and the proportionality assessment under § 3 (4) and § 9 (5); in the case of unjustified measures, your claims for reimbursement and damages remain unaffected.

(3) If a paid function is justifiably blocked or terminated for good cause for which you are responsible, there is no claim to reimbursement in this respect; your mandatory statutory rights remain unaffected.

§ 17 Data Protection

(1) We process personal data in accordance with the General Data Protection Regulation (GDPR) and the other applicable data protection provisions. These T&C do not replace the data protection information. The complete mandatory information under Art. 13/14 GDPR (GDPR — information to be provided to the data subject) (in particular controller, processing purposes, legal bases, recipients, any third-country transfers and the bases for them, storage duration, as well as your data subject rights) is set out in our separate privacy policy, which is retrievable at any time in the App and in the respective store listing.

(2) Processed in particular are: account email address, display name, and login time; party data (songs/setlists, votes, photos/videos together with metadata, comments); push token (also in the case of anonymous use); receipt-validation data in connection with in-app purchases (via Apple/Google); connection data processed in the context of music control (e.g., OAuth tokens, account identifiers of Spotify/Apple Music); anonymized usage statistics; setlists held in aggregated, non-personally-attributable form (§ 8 (6)); as well as data in connection with the screenshot notice (§ 2 (1) lit. b). With express, voluntary consent (opt-in, Art. 6 (1) lit. a GDPR (GDPR — consent as legal basis)), the following may additionally be processed: a GPS-based on-site verification as well as a geohash for displaying “parties nearby”. You may withdraw these consents at any time with effect for the future. The privacy policy provides information on the recipients, the specific storage duration (in particular the deletion of the geohash after the end of the party), the legal bases, and any third-country transfers — in particular in connection with Google Firebase as a processor (Art. 28 GDPR) and any processing in the USA on the basis of the EU-US Data Privacy Framework or the EU Standard Contractual Clauses (Art. 44 et seq. GDPR).

(3) If you use the App for a party at which personal photos are shared beyond the purely private circle, you may bear your own responsibility as a controller (controllership) as Host/event organizer (cf. § 8 (3)). The fulfilment of the obligations associated with this (in particular information and consent of the data subjects) is incumbent on you. The processing that the Provider itself carries out (storage, hosting, compression) is the responsibility of the Provider; any joint controllership (Art. 26 GDPR (GDPR — joint controllers)) is dealt with in the privacy policy.

(4) For the external cloud storage you select and the third-party services (Spotify, Apple Music), their own data protection provisions apply.

§ 18 Amendments to These T&C

(1) We reserve the right to amend these T&C with effect for the future, insofar as this becomes necessary due to a change in the legal situation, supreme-court case law, technical developments, an expansion or change of the range of services, or for other valid reasons not foreseeable at the time the contract was concluded, and you are not thereby unreasonably disadvantaged.

(2) Material amendments, in particular amendments to the principal performance obligations, the price structure, or otherwise to the balance of equivalence (Äquivalenzverhältnis), as well as amendments to material rights and obligations, we do not undertake by way of a mere fiction of consent. We will inform you of such amendments in good time (e.g., by email or in-app notice) before their planned entry into force; they take effect only with your active consent. If you do not give your consent, the contract continues to apply on the previous terms; the mutual right of termination remains unaffected.

(3) An amendment by way of a fiction of consent (silence is deemed to be consent) comes into consideration at most for purely editorial or legally required clarifications that do not affect the principal performance obligations, the prices, the balance of equivalence, or other material rights and obligations; it is not an instrument for any arbitrary substantive reshaping of the contract. In this case, we will inform you in text form at least six weeks before the planned entry into force about the amendment and about your right to object to it within this period, as well as about the significance of your silence. If you object in good time, the contract continues to apply unchanged; no termination or block occurs on account of your objection alone.

(4) For changes to the digital product itself, § 5 (6) (Sec. 327r BGB) applies with priority.

§ 19 Provider Identification (Sec. 5 DDG, Sec. 18 MStV) and Dispute Resolution

(1) Information pursuant to Sec. 5 DDG (German Digital Services Act / Digitale-Dienste-Gesetz) and Sec. 18 (1) MStV (German Interstate Media Treaty / Medienstaatsvertrag): The following mandatory information also serves the general legal-notice (imprint) obligation under Sec. 18 (1) MStV, since the App does not serve exclusively personal or family purposes (business-related offering, monetized via in-app purchases).

SZuCO – Dr.-Ing. Piotr Szegvári Sole proprietor (Einzelunternehmer) Zum Weizenring 14 14469 Potsdam Germany

Email: info@partyspot.app Fast electronic means of contact: Contact form in the PartySpot app (Settings → Help & Support) Value-added tax identification number pursuant to Sec. 27a UStG (German Value Added Tax Act): DE458930351 No business identification number pursuant to Sec. 139c AO exists.

In addition to the email address, we provide a second, fast means of communication for direct communication within the meaning of Sec. 5 (1) no. 2 DDG (telephone number or in-app contact form with an assured short response time).

(2) Responsible person within the meaning of Sec. 18 (2) MStV (only relevant insofar as journalistic-editorial content is offered):

Dr.-Ing. Piotr Szegvári, Zum Weizenring 14, 14469 Potsdam, Germany.

Insofar as the App does not provide any journalistic-editorial content within the meaning of Sec. 18 (2) MStV, this information does not apply.

(3) Consumer dispute resolution: We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board (Sec. 36 (1) no. 1 VSBG (German Consumer Dispute Resolution Act / Verbraucherstreitbeilegungsgesetz)).

§ 20 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 (Art. 6 (2) Rome I Regulation); this choice of law does not deprive you of that protection.

(2) Place of jurisdiction: No statutory place of jurisdiction is waived by these T&C. As a consumer, you can, in accordance with the mandatory consumer-protective provisions (in particular Arts. 17 et seq. of Regulation (EU) No 1215/2012 — Brussels Ia), generally bring an action at the court of your domicile and be sued only there. No agreement deviating from the mandatory consumer places of jurisdiction is made.

(3) Platform note: For use via the operating systems or stores of Apple (iOS/iPadOS) and Google (Android), the respective terms of use and payment terms of the platform operators additionally apply. These T&C do not establish any rights or obligations of the platform operators and leave their terms unaffected.

(4) Governing language and severability clause: German law is authoritative for these T&C and for the contractual relationship. These T&C may be provided in several language versions; in the event of any discrepancies, ambiguities, or differences of interpretation between the language versions, the German version prevails (the German version prevails). Should individual provisions of these T&C be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of an invalid or unenforceable provision, the statutory provisions apply. This clause does not lead to any modification of 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 contract may be made in text form, in particular by email to info@partyspot.app.

As of: 19 June 2026 · Version 1.0 (draft)