Terms and EULA

Welcome to Berlin Whispers our iOS and Android Mobile Applications (our “App”). These Terms of Use and End User License Agreement (the “Terms”) constitute a legal agreement between you and us governing the use of our App and its underlying functions and detail the rights and restrictions which apply to the use of our App.

We license use of our App to you on the basis of these Terms. We do not sell our App to you, and we remain the owner of our App at all times. 

  1. ABOUT US

    1. We are Berlin Whispers, Roya Anane, Sole Proprietor, Brennerstraße 83, Berlin, Germany (“Berlin Whispers”, “we”, “us”, “our”).

    2. We operate Berlin Whispers our iOS and Android Mobile Applications (our “App”).

    3. To contact us, please use contact@city-whispers.com or write to us at the above address.

    4. These Terms were last updated on Tuesday, 18th of June, 2024, and are the current and valid version.

    5. The Berlin Whispers logo, marks, emblems and images are the copyright of Berlin Whispers. All Rights Reserved © 2024 Berlin Whispers.

    6. Our Privacy Policy equally applies to your use of our App and forms part of these Terms.


      2. GENERAL TERMS 

    1. The provisions set out in these Terms govern your access to and your use of our App and its underlying functions and detail the rights and restrictions which apply to the use of our Technology and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App. 

    2. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our App or your Account at any time, or remove or edit content (including content submitted by you) on our App or on any of our affiliated websites (including social media pages). 

    3. We reserve the right to change, modify, suspend, or discontinue any portion of the services, our App or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

    4. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our App or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.


     3. SERVICES 

  1. We provide the following two main services to you on the basis of these Terms to the exclusion of all other terms and conditions including any terms and conditions you purport to apply:

    1.   Audio Storytelling: The app offers audio content created by various authors, allowing you to explore Berlin's history, culture, and personal stories. These stories are categorized into Historical Insights, Cultural Insights, and Stories from the People of Berlin. The personal stories may be told by the individuals themselves or creatively restructured and recorded by professional voice actors.

    2. Map Display Services: Utilizing the Google Maps API, the app displays a map that allows you to locate yourself relative to nearby stories in Berlin.

      The rights to the services and content distributed through the app are and will remain with Berlin Whispers and/or its licensors.

    4. LICENSE GRANT

    1. Our App is only available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”). 

    2. Your use of our App is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our App and these Terms with respect to your use of our App, these Terms will take priority.

    3. So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install our App on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use our App, including any Content, for your personal entertainment purposes leveraging only the functionality of our App. We and our licensors reserve all rights not granted to you in these Terms. 

    4. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our App. Content also includes anything generated, created, or that is otherwise developed within our App by any user (including you) as a result of interaction with the functionality of our App. We may, in our sole discretion, remove, edit, or disable any content for any reason.


  5. APPLE AND GOOGLE DEVICES LICENSE AGREEMENT

The following terms apply when you use our App obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our App: 

  1. the License granted to you for our App is limited to a non-transferable License to use our App on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

  2. we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App. 

  3. you must comply with applicable third-party terms of agreement when using the App, 

  4. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.


   6.INTELLECTUAL PROPERTY

    1. All Content included on the App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Berlin Whispers, our affiliates or other relevant third parties. By continuing to use the App you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws.

    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App unless otherwise indicated on the App or unless given express written permission to do so by Berlin Whispers.

    3. Any intellectual property rights in content uploaded by you to our App shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the services and our responses to users of the App. 

    4. You acknowledge that you have no right to have access to our App in source code form.


     7. NONEXCLUSIVE LICENSE 

    1. Berlin Whispers grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the App solely as necessary for you to use the service; and you will not (and you will not allow any third party to) 

      1. copy, modify, adapt, translate or otherwise create derivative works of the App; 

      2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App, except as expressly permitted by the law in effect in the jurisdiction in which You are located; 

      3. rent, lease, sell, assign or otherwise transfer rights in or to the App; 

      4. remove any proprietary notices or labels on the App or placed by the service; 

      5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the service or the App; or 

      6. use data labeled as belonging to a third party in the service for purposes other than use of the App and service.


  8. YOUR USE OF OUR APP

  1. You may use our App only for lawful purposes. You may not use our App:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

        You also agree:

      5. not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of these Terms; and

      6. not to access without authority, interfere with, damage or disrupt:

      7. any part of our App;

      8. any equipment or network on which our website is stored; 

      9. any software used in the provision of our website; or 

      10. any equipment or network or software owned or used by any third party.


  9. TECHNICAL REQUIREMENTS AND RESPONSIBILITY

    1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met. 

    2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

    3. We do not guarantee that the services offered can actually be used with the User's device.

  1. WARRANTIES

    1. While we make all efforts to maintain the accuracy of the information on our App, we provide the services, App and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 

    2. You acknowledge that no Third Party is authorized to make any statement or representation for and on behalf of us. 

    3. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our App, the related content, or electronic communications sent by us are free of viruses or other harmful components. 


  1. DATA CHARGES AND MOBILE DEVICES

You are responsible for all data-related charges that you may incur for using our App, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using our App.


  1. LIMITATION OF LIABILITY

    1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the services and our App, is at your sole risk. 

    2. You agree not to use the services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our App or any other website or software) for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. loss or corruption of data or information;

      5. loss of business opportunity, goodwill or reputation; or

      6. any other indirect or consequential loss or damage.

    3. Nothing in these Terms shall limit or exclude our liability for:

      1. death or personal injury resulting from our negligence; 

      2. fraud; and/or

      3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

    4. Our App is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. 

    5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.


  1. INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 


  1. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

    4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.

    5. If we fail to insist that you perform any of your obligations under these Terms, 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. 

    6. Each of the conditions of these Terms 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. 

    7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Germany. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Berlin.