Emomti

Terms & Conditions

Effective date: 2026-06-01
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These terms and conditions apply to the Emomti app for mobile devices, together with any related services operated by Felix Weyer (collectively, the "Application"). Felix Weyer is hereby referred to as the "Service Provider".

By downloading or using the Application, you agree to these Terms and Conditions. You should read them carefully before using the Application.

License to use the Application

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a mobile device for personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, or disassemble the Application, except as and only to the extent that such activity is expressly permitted by applicable law.

Intellectual Property

The Service Provider retains all intellectual property rights in the Application, including its code, design, trademarks, service marks, trade names, logos, and branding (the "IP"). Nothing in these Terms grants you any license or right to use the Service Provider's trademarks, logos, or branding for any purpose. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or on the Application.

Termination

The Service Provider may suspend your access to the Application or services if you materially breach these Terms. The Service Provider will provide you with written notice of the breach and, where the breach is capable of cure, you will have 14 days from receipt of notice to remedy the breach. If you fail to cure the breach within that period, the Service Provider may terminate your access.

The Service Provider may suspend or terminate your access immediately without notice if you violate applicable law, infringe intellectual property rights, or engage in activity that could cause harm to other users or the Service Provider.

Upon termination, your right to use the Application will end and you must delete all copies from your devices.

By accessing and using this Application, you represent that you are legally permitted to use it in your jurisdiction. You must be at least 16 years of age to use the Application. Unauthorized copying, modification of the Application, any part of the Application, or the Service Provider's trademarks is strictly prohibited.

User-Generated Content and Acceptable Use

If this Application allows users to post, share, or upload content, you agree not to post content that:

The Service Provider reserves the right to remove or disable access to content that violates these guidelines, suspend or terminate accounts of repeat violators, cooperate with law enforcement for illegal content, and moderate or filter content that violates these Terms or applicable law.

By submitting User-Generated Content you grant the Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Application. This license does not grant the Service Provider the right to sell or sublicense your content to third parties independently of the Application.

Third-party services

Please note that the Application utilizes third-party services that have their own Terms and Conditions:

Disclaimer of warranties

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance. If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply.

Nothing in these Terms shall limit any rights you have under applicable consumer protection laws that cannot be lawfully excluded.

Limitation of Liability

To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, even if advised of the possibility of such damages.

However, the Service Provider retains full liability for:

To the fullest extent permitted by law, the total liability of the Service Provider for any claim shall not exceed the amount paid by you to the Service Provider for the Application in the 12 months preceding the claim.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses arising out of or directly related to your breach of these Terms or your intentional misuse of the Application.

This indemnification does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of applicable law.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the jurisdiction in which the Service Provider is established, excluding conflict of law rules, except to the extent mandatory consumer protection laws provide otherwise. Any dispute arising out of or relating to these Terms will be brought before the courts that have jurisdiction under applicable law.

DSA Compliance (Digital Services Act)

If the Application is an intermediary service as defined under the Digital Services Act (Regulation (EU) 2022/2065), the following provisions apply in addition to the terms above.

Point of Contact: The Service Provider maintains a single point of contact for direct communication with EU authorities and recipients of the service, reachable at info@fewycoding.de.

Content Moderation and Statement of Reasons: When the Service Provider restricts access to content, suspends or terminates an account, a clear and specific statement of reasons will be provided to the affected user, in accordance with Article 17 of the DSA.

Notice and Action: Users and third parties may submit notices of allegedly illegal content through the contact details provided in these Terms. The Service Provider will process notices promptly, in accordance with Article 16 of the DSA.

Out-of-Court Dispute Settlement: Disputes regarding content moderation decisions may be submitted to an out-of-court dispute settlement body certified under Article 21 of the DSA. Use of out-of-court dispute settlement does not affect your right to seek judicial remedy.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning your use of the Application.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. Previous versions will be maintained and made available upon request by contacting the Service Provider at info@fewycoding.de.

These terms and conditions are effective as of 2026-06-01.

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at info@fewycoding.de.