Terms of Use (EULA)

1. Acknowledgement

This End-User License Agreement ("EULA") is a legal agreement between you and Appfium UG (haftungsbeschränkt) ("Appfium", "we", "us", or "our") only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Appfium, not Apple or Google, is solely responsible for the FestMates application ("App") and its content. By downloading, installing, or using the App, or by accessing the FestMates website at festmates.com ("Website"), you agree to be bound by these Terms of Use. If you do not agree, do not use the App or Website.

2. About FestMates

FestMates is a mobile application that helps people who attend festivals browse line-ups, build a personal day plan, set reminders, navigate the festival site on a map, and share plans and pins with friends. The App is provided by Appfium UG (haftungsbeschränkt), Potsdamer Straße 72, Haus C, 10785 Berlin, Germany. Festival information shown in the App is published by festival organisers; see Section 7.

3. Scope of license

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded device or Android device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions and the Google Play Terms of Service. This license does not allow you to use the App on any device you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not copy, modify, distribute, sell, or lease any part of the App, nor reverse engineer or attempt to extract its source code. This license is for personal, non-commercial use only.

4. User accounts

FestMates does not require or create user accounts. There is no registration, login, or sign-in for the App. All your saved festivals, day plans, pins, notes, and reminders are stored locally on your device.

5. Pricing and optional donations

The App is free to download and use. There are no required payments, no subscriptions, and no paid or unlocked features. The App offers optional in-app donations as a way to voluntarily support development. Donations are one-off consumable in-app purchases processed by the Apple App Store or Google Play Store under their own terms. No goods, services, content, or features are exchanged for a donation, and donating does not unlock anything in the App. Refunds for in-app purchases, if any, are handled by Apple or Google under their respective refund policies; we do not directly process refunds.

6. User-generated content and sharing

7. Festival information

Festival information shown in the App (including festival names, line-ups, set times, stage names, descriptions, and FAQ links) is gathered from a variety of sources, including organisers, festival websites, and other publicly available information on the internet. We make reasonable efforts to keep the information current and useful. Festival schedules change frequently and are subject to last-minute revisions, errors at source, or circumstances beyond anyone's control. We do not warrant that any information shown in the App is accurate, complete, or up to date at any given moment, and you should always check with the festival organiser before relying on it for travel, ticketing, or other irrevocable decisions. We are not affiliated with, sponsored by, or endorsed by any festival, organiser, venue, or artist whose content is shown in the App, unless explicitly stated. Festival names, logos, banners, and artist names referenced in the App are the property of their respective owners and are used for informational purposes.

8. Third-party services

FestMates relies on a small number of third-party services to operate. Use of those services is subject to their respective terms. Categories:

• App distribution (Apple App Store, Google Play Store).
• Map rendering (Apple Maps on iOS, Google Maps on Android).
• Anonymous error reporting and usage diagnostics.
• Captcha and form routing for the website contact form.

9. Your data

All saved festivals, day plans, pins, notes, scheduled reminders, and app preferences are stored locally on your device. We do not operate servers that store this personal content. You are responsible for backing up your device. If you uninstall the App or lose your device, locally stored data that has not been re-created on a new device cannot be recovered. For details on how we handle data, see the Privacy Policy at festmates.com/privacy/.

10. Discontinuation

We may modify, suspend, or discontinue the App at any time, with or without notice. Any refund requests, including in connection with a discontinuation, are handled by the Apple App Store or Google Play Store under their own refund policies; we do not directly process refunds.

11. Maintenance and support

Appfium is solely responsible for providing maintenance and support services for the App, as specified in this EULA or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App. For support, visit festmates.com/contact/.

12. Warranty

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the App will be error-free, uninterrupted, or compatible with all devices. Festival information shown in the App depends on what organisers publish and may be inaccurate, incomplete, or out of date. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

13. Product claims

Appfium, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

14. Intellectual property

The App, this Website, and their original content, features, and functionality are owned by Appfium UG (haftungsbeschränkt) and are protected by international copyright, trademark, and other intellectual property laws. Festival information, artist names, and any third-party logos shown in the App or on the Website remain the property of their respective owners. In the event of any third-party claim that the App, your possession or use of the App, or content you submit through it infringes that third party's intellectual property rights, Appfium, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these terms and applicable law.

15. Prohibited use

You agree not to use the App or Website in any way that violates applicable laws or regulations, infringes on intellectual property rights, attempts to gain unauthorised access to any systems, scrapes or systematically extracts festival data, interferes with the operation of the App or Website, or impersonates a festival organiser, venue, or artist.

16. Limitation of liability

To the maximum extent permitted by applicable law, Appfium UG (haftungsbeschränkt) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App or Website, including but not limited to data loss, missed events, loss of profits, or damage to your device.

17. Export compliance

You represent and warrant that: (a) you 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export restrictions and regulations.

18. Changes to terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or the Website. Continued use of the App or Website after changes constitutes acceptance of the updated Terms.

19. Governing law

These Terms are governed by the laws of the Federal Republic of Germany. Any disputes shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, unless mandatory consumer protection laws provide otherwise.

20. 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 the terms and conditions 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.

21. Contact

If you have questions about these Terms, please reach out via festmates.com/contact/. For our company details, see the Impressum at festmates.com/impressum/.