These terms of use (“Terms of Use”) are a legal agreement between you and SHAPE GmbH, a company operating sMiles software and incorporated in Stuttgart, Germany, registration number HRB 20147 (referred below as IM+, SHAPE, we, or us) for the use of the IM+ mobile application (IM+ App) and any website and social channel operated by IM+ (IM+ Website(s)) including, without limitation, www.shape.ag and www.plus.im .
These Terms of Use set out important information regarding your rights and obligations in connection with the IM+ App and IM+ Website(s).
By downloading, installing or using the IM+ App or accessing the IM+ Website(s), you agree to these Terms of Use which shall bind you. If you do not agree with these Terms of Use, do not download, install or use the IM+ App or IM+ Website(s).
SHAPE permits you to use the IM+ App and IM+ Website(s) solely in accordance with these Terms of Use. SHAPE retains ownership of the IM+ App and IM+ Website(s) at all times.
These Terms of Use apply to the use of any updates or changes to the IM+ App and IM+ Website(s) that we may issue from time to time.
1. The licences granted to you for the use of the IM+ App and IM+ Website(s)
SHAPE grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the Licences):
(i) download, install and use the IM+ App, and any updates to it provided by IM+ from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
(ii) access and browse the IM+ Website(s) for your personal use only.
IM+ may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the IM+ Website(s) and IM+ App and to delete any copies of the IM+ App held by you.
2. User age restrictions
If you are below the age of 16, you have to obtain the consent of your parent or legal guardian to use the IM+ App and IM+ Websites(s).
3. Rights to the IM+ App, IM+ Website(s) and their content
All intellectual property rights and other rights in or to the IM+ App and IM+ Website(s), and any content of either, made available by or on behalf of IM+ and its licensors, belong to and remain at all times with IM+ and its licensors. IM+ is the trading name of SHAPE GmbH and we hold trade mark rights in respect of this name.
The IM+ App and IM+ Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the IM+ App and IM+ Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the IM+ App or IM+ Website(s) is granted by us.
Where you submit any content whatsoever (“Content”) to the IM+ App or IM+ Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the IM+ App, IM+ Website(s) and our business from time to time.
We welcome any feedback or suggestions for improvements relating to the IM+ App, IM+ Website(s) and/or any related products and services offered by us from time to time (Feedback). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
You must not use the content on the IM+ App or IM+ Website(s) (other than content that is submitted by you to the IM+ App) for any commercial purpose without obtaining written permission from us to do so first.
4. Use of the IM+ App
In order to use the IM+ App, you may create a user account (IM+ Account). You are responsible for all uses of your IM+ Account whether by you or a third party. You should ensure that you use a strong password (if applicable) for your IM+ Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your IM+ Account resulting from your failure to maintain restricted access to your mobile device, the confidentiality or security of your user details or failure to use a strong password.
Your IM+ App and/or Account logs details of all transfers of sats to or from your IM+ Account. Please review your IM+ Account regularly. If you identify any erroneous transaction or unexpected activity on your IM+ Account, or you believe that the security of your IM+ Account has been compromised, you must let us know as soon as possible.
Different membership levels may apply to the IM+ Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the IM+ App may vary.
When using the IM+ App on your mobile device, you acknowledge and agree that IM+ operates in the background of your mobile device, which in turn may have an impact on the battery life of such device.
5. Rewards and reward verification
IM+ app may reward users with sats - fractions of Bitcoin - using the Lightning Network technology.
All reward calculation and verification conducted by our algorithms is considered final and cannot be revised or reversed.
It is solely up to IM+ to decide, if, when and with what amount of sats to reward users. IM+ and SHAPE will not accept any claims in regard to rewards.
We may cap the maximum amount of sats rewards that users of the IM+ App may generate each day or other time period using the IM+ App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
The IM+ App may allow you to send sats to third party users of the IM+ App. Please ensure that you have verified the identity of the recipient of the relevant sats before sending them.
6. Acceptable Use
You agree that you shall not:
(a) seek to get rewards by any means other than the eligibility criteria specified by IM+ from time to time and, in particular and without limitation, you shall not (i) simulate any verified attention or usage unit using artificial and/or mechanical means, (ii) enlist third parties to get rewards on your behalf;
(b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the IM+ App or IM+ Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;
(c) operate more than one IM+ Account;
(d) use the IM+ App or IM+ Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the IM+ App or IM+ Website(s);
(e) reproduce, frame, display or mirror the IM+ App or IM+ Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the IM+ App or IM+ Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the IM+ App or IM+ Website(s);
(h) use the IM+ App or IM+ Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the IM+ App or IM+ Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the IM+ App or IM+ Website(s) for any commercial purpose, other as otherwise agreed in writing by us.
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the IM+ App and remove and delete any content from IM+ App or IM+ Website(s) violating this Section 6.
7. Changes and updates to the IM+ App and IM+ Website(s)
IM+ reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the IM+ App and/or IM+ Website(s), and/or (ii) alter the functionality or contents of the IM+ App and/or IM+ Website(s) with or without notice to you.
We may issue updates to the IM+ App from time to time. Depending upon the nature of the update, you may not be able to continue to use the IM+ App until you have downloaded the latest version of the IM+ App.
8. Contacting us
In relation to any matters concerning the IM+ App and IM+ Website(s), including any feedback, questions, complaints or claims, please contact us via our contact channels including Twitter @implus , and Facebook ( IM+ ).
9. No warranty
The IM+ App and IM+ Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the IM+ App, IM+ Website(s) or the contents of any of them. IM+ does not warrant or undertake that use and availability of the IM+ App and IM+ Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE IM+ APP OR IM+ WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF IM+ RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Third Party Content
For your convenience IM+ may include in the IM+ App or IM+ Website(s) links to other sites and services on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that IM+ has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The IM+ App and IM+ Website(s) may include content submitted by other users of the IM+ App and IM+ Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Websites or that we have reviewed, approved, or verified the Third Party Content, or that such site endorsed us.
11. Changes and updates to the Terms of Use
We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our Website(s) and on the IM+ App, so that you are always aware of the terms and conditions for the use of the IM+ App and IM+ Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the IM+ App or IM+ Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the IM+ App or any IM+ Website(s) you agree to be bound by such change or update.
From time to time we may make available additional terms or guidance in relation to the usage of IM+ App or IM+ Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the IM+ App or any IM+ Website(s).
12. Limitation of liability
You acknowledge that the IM+ App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the IM+ App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the IM+ App, IM+ Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the IM+ App or IM+ Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of rewards by us.
13. Apple’s requirements
For users of Apple Inc - produced devices such as iPhone, we include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.
14. General
We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms of Use and their subject matter and formation, are governed by German law. You and we both agree that the courts of Stuttgart, Germany will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.
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Attachment 1
App Store Terms
1. The Terms of Use are concluded between you and IM+, and not with Apple Inc (“Apple”). The IM+ App and its contents are the responsibility of us, our licensors and users of the IM+ App (to the extent that such users create, submit or distribute any content via the IM+ App) and not Apple.
2. The licence to use the IM+ App granted under these Terms of Use is a non-transferable license for you to use the IM+ App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the IM+ App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the IM+ App. We do not offer maintenance or support services in connection with the IM+ App.
4. Apple will have no warranty obligation whatsoever with respect to the IM+ App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the IM+ App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the IM+ App or your possession and/or use of the IM+ App, including, but not limited to: (i) product liability claims; (ii) any claim that the IM+ App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the IM+ App or your possession or use of the IM+ App infringes that third party’s intellectual property rights, IM+ and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the IM+ App from time to time.
9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
