Terms of Use

havebean · Effective [EFFECTIVE DATE]

These terms apply to your use of the havebean app and its services. By creating an account or using the app you agree to them. Please also read the Privacy Policy, which explains how your data is handled.

1. Provider

This section also serves as the provider identification (Impressum) under § 5 DDG.

2. The service

havebean helps you discover specialty coffee cafés, keep a log of your visits, save cafés to lists, recommend them and follow other coffee lovers. The service is free. I may add, change or remove features, and I may stop offering the service, giving reasonable notice where possible. There is no guarantee that the app is always available or error-free.

Café information (such as addresses, opening details, what a café offers, or whether it is still open) comes from me and from the community. It may be incomplete or out of date. Please check important details with the café.

3. Your account

• You must be at least 16 years old to use havebean.
• Give accurate information and keep your sign-in details secure. You are responsible for activity on your account.
• One person, one account. Accounts may not be sold or transferred.
• You can delete your account at any time under Profile → Delete Account.

4. Community rules

havebean has zero tolerance for objectionable content and abusive behaviour. You must not post or do anything that:

• is hateful, harassing, threatening, discriminatory, sexually explicit, violent or otherwise offensive,
• bullies, intimidates, impersonates or reveals private information about another person,
• is false or misleading, including fake reviews, reviews of places you have not visited, or reviews written in exchange for payment or because of a personal or business connection you don't disclose,
• is spam, advertising or self-promotion,
• infringes someone else's copyright, trademark, privacy or other rights, for example photos you did not take or have no permission to use,
• breaks the law, or
• tries to break, overload, scrape or get unauthorised access to the app, its servers or other people's accounts, or to manipulate beans, levels or leaderboards.

You can report content or people from the app and block anyone you don't want to interact with. I review reports and act on valid ones, normally within 24 hours, by removing the content and, where appropriate, suspending or removing the account that posted it.

5. Your content

You keep ownership of the reviews, photos, lists and other content you post. So that havebean can show it to others, you grant me a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, display and distribute your content within the havebean service, for as long as it is on the service. This licence ends when you delete the content or your account, except for café suggestions, edits and photos that were accepted into the café catalogue, which may stay in the catalogue without being linked to you.

You confirm that you have the rights to everything you post and that it follows these terms.

6. Moderation and suspension

I may remove content or restrict, suspend or close an account that breaks these terms or the law, or that puts other members at risk. Where reasonable, I will tell you why. If you think a decision was wrong, contact me and I will review it.

7. Beans, levels and trusted contributors

Beans, levels, leaderboard positions and trusted contributor status are just for fun and recognition. They have no monetary value, cannot be exchanged or transferred, and may be adjusted, for example to correct mistakes or abuse.

8. Liability

havebean is provided free of charge. I am liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For slight negligence I am liable only for breach of an essential obligation (one whose fulfilment makes the proper use of the service possible at all and on which you may regularly rely), and then only for typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. As a free service, the gift-law liability privilege (§ 521 BGB) applies where relevant.

I am not responsible for content posted by other members, or for the cafés themselves, their products or their services.

9. Changes to these terms

I may update these terms, for example when features or the law change. I will tell you about significant changes in the app at least 30 days before they take effect. If you don't agree, you can delete your account before then. Continuing to use the app after the changes take effect means you accept them.

10. Ending the agreement

You can stop using havebean and delete your account at any time. I can end this agreement with 30 days' notice, or immediately for serious or repeated breaches of these terms.

11. Apple App Store

If you downloaded havebean from the Apple App Store:

• These terms are between you and me, not Apple. I, not Apple, am solely responsible for the app and its content.
• You may use the app on Apple devices you own or control, as allowed by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the app.
• I, not Apple, am responsible for addressing any claims by you or third parties relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that the app infringes third-party intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app go to the contact details in section 1.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

12. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of mandatory consumer laws of the country where you live. If any provision of these terms is invalid, the rest remain in effect.

I am not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.