chayns Terms of Use

Thank you for using chayns. chayns is a product of Tobit.Software AG (Tobit.Software), Parallelstraße 41, 48683 Ahaus, Germany. By using chayns, you agree to the following terms of use. You, the publisher, are responsible for ensuring that all applicable laws, regulations and requirements are respected and adhered to.

1. General
   1. The installation of chayns for brands, public figures, companies or other organisations may only be conducted by an authorised representative of the brand, public figure, company or organisation concerned.
   2. Content that is published by the publisher with the use of chayns is in principle publicly visible provided access to it is not explicitly limited.
   3. Access to the management of the chayns installation is limited, so that only authorised persons are able to make changes to settings and content. The publisher must ensure that all persons with authorised access adhere to the terms of use of chayns.
   4. All content that is published using chayns must comply with the guidelines for use of chayns. These guidelines are described in more detail in paragraph IV.
   5. Publishers are not permitted to create their own terms of use for any apps, websites or other media created using chayns that overrule, disregard or otherwise contradict the terms of use of chayns. In cases of doubt, the terms of use of chayns shall always apply.
2. Management
   1. Changes to descriptive characteristics
      1. Changes to the name, icon or other clearly descriptive characteristics of media created using chayns, particularly of smartphone apps, are not permitted if you can mislead the user. For example, existing installations of chayns for brands or companies may not be renamed as new brands or companies if, as a result, the reference to the original brand or the original company is lost.
      2. The permissibility of a change in descriptive characteristics is solely at the discretion of Tobit.Software. Tobit.Software reserves the right not to accept or, if necessary, reverse any inappropriate and misleading changes.
   2. Gathering of user data
      1. If you, the publisher, independently gather information or content of any kind from your users, for example, concerning integrated functions and Tapps you have integrated, you must make explicitly and clearly understandable that you, the manufacturer of the media created using chayns, are gathering the data and not Tobit.Software.
3. Functions
   
   1. Use of standard Tapps and functions
      1. By installing chayns, you give Tobit.Software the right to select and cache public information from the chosen Facebook page for the purpose of publishing it in the standard integrated Tapps. The backup system will ensure that your content will still be accessible if the information on the Facebook page is not retrievable live.
   2. Integration and use of your own Tapps and functions
      1. Content and functions that you have specially created or existing functions that you are integrating in your media that were created using chayns will not be cached by Tobit.Software. Data that you have entered and saved via such functions is located in external servers. Tobit.Software is in no way responsible for content that is published by you.
   3. Functions in beta phase
      1. Tobit.Software reserves the right to change and, if necessary, discard any of the functions or scope of functions of chayns. You, the publisher, have no claim to the recovery of original versions of functions and displays by Tobit.Software.
4. Content
   1. Responsibility for content
      1. You are personally and exclusively responsible for content that you, the publisher, publish and spread using chayns. Tobit.Software is not liable for content that is published with the use of chayns.
      2. Content and functions that are offered and displayed by Tobit.Software for chayns do not require any prior permission or legitimation on the part of the publisher. This does not apply to chayns.pro.
   2. Data protection
      1. Please note that the title picture and name of media created using chayns such as smartphone apps, etc. are always public and can be viewed by anyone. Likewise, postings, pictures, events and other information published using chayns is not access-protected, so that they can be viewed even without the need for a log-in.
      2. By installing chayns, you give Tobit.Software the right to use and multiply graphics, screenshots, text and any other content from media created with the use of chayns. Using standard features such as chayns mashup, publishers of other chayns sites can embed this content, too.
   3. Guidelines
      1. In order to use chayns, you must adhere to the following guidelines. Tobit.Software reserves the right not to publish media created using chayns without stating a reason or to remove media that is already public.
         1. Trademark law and intellectual property
            1. All copyrights, trademarks and other rights must be adhered to by the publisher. External brands must be indicated and clearly identifiable as such.
         2. Violence and threats
            1. Threatening other people with violence or organising violent disorder is not permitted. In addition, we do not permit any announcement, planning or carrying out of actions that cause or could cause damage to others, including theft and vandalism.
         3. Bullying and harassment
            1. We do not tolerate bullying or harassment. We will take measures in response to any notice of abusive behaviour toward individuals.
         4. Hate speech
            1. Spreading hate against groups of people on the basis of their race or ethnic origin, their religion, disability, their sex, age or their sexual orientation or gender identity will not be tolerated.
         5. Sexual content
            1. We do not permit the distribution of any content that displays sexual or pornographic acts or that contains sexually explicit material.
         6. Gambling
            1. It is not permitted for chayns to be installed on pages that are primarily intended for gambling.
         7. Statutory violations
            1. The applicable law must be adhered to. Media that is created using chayns but that violates any applicable law will not be produced.
         8. Declined smartphone apps in individual stores
            1. Tobit.Software reserves the right to remove apps that have already been released from other stores if they -- for any reason whatsoever -- cannot be made available for all platforms.
   4. Advertising
      1. By using chayns, you expressly agree that Tobit.Software has the right to display any form of centralised advertising content in media that is created using chayns.
      2. chayns.pro is exempt from this.

About these terms of use

The terms of use have originally been written in German (Germany). In case there is any inconsistency between the German version and the English Translation, the German version is always crucial.

The terms of use of chayns for publishers may be adjusted and revised by Tobit.Software to a reasonable degree. This can, for example, be necessary if there is a change in the legal framework or if the product requires adaptation. Therefore please check these terms of use regularly.

Amendments shall have no retroactive effect but shall enter into force with immediate effect. If you do not agree to any amended terms of use, you must adjust your use of chayns accordingly.