1 Object of terms of participation and use
- 1.1 TerraYou GmbH (hereinafter referred to as “TY”) is the operator of the website https://terrayou.com (hereinafter referred to as “TerraYou”).
- 1.2 TY provides to you on the web pages of TerraYou different free services (e.g. personality tests) (hereinafter “Free Tests”) and paid premium tests (hereinafter “Premium Tests”) for entertainment purposes (Free Tests and Premium Tests hereinafter jointly the “TY Tests”).
- 1.3 The present terms of participation and use govern the provision of TY Tests on TerraYou as well as your use of them and all content provided. Contractual language is English.
- 1.4 Any additional rules and conditions of participation will be published as part of TY Tests. By participating, you accept these rules and conditions of participation.
2.1 You can register on TerraYou and create a personal user account (“Account”) by entering your e-mail address and a password.
- The Account is free of charge. It provides different features as outlined on TerraYou.
- You are obliged to provide and maintain all Account information correctly. The registration is not mandatory to use TerraYou.
- You can terminate your Account at any time without observing a notice period by simply deleting the Account on TerraYou. Please note that all your TY Test results will be deleted and cannot be retrieved. We recommend that you download your TY Test results prior to deleting your Account.
- TY is entitled to terminate your Account in text form (e.g. e-mail) by observing a 14 days’ notice period. After the lapse of the termination notice period your Account will be deleted.
- The right of extraordinary termination for good cause remains unaffected.
- TY shall be entitled to suspend and/or delete your Account immediately without further notice if the contents provided by you (e.g. the username chosen by you) are inappropriate (e.g. offensive, sexist, glorifying violence, etc.) or violate applicable laws, these Terms or the rights of third parties. Further rights of TY shall remain unaffected.
2.2 Use of Free Tests is generally free of charge and does not require your registration. Use of Premium Tests does not require a registration either but is subject to applicable fees as outlined in section 4 below.
2.3 Depending on the internet connection used and your internet rate, you may incur internet connection charges which will be charged to you by third parties (e.g. internet provider, mobile network provider).
2.4 Free Tests are designed for adults but are suitable also for children and adolescents. However, TY recommends use of Free Tests from the age of 8. If you are younger than 8, we only recommend the use of Free Tests under parental supervision.
2.5. Premium Tests are designed and admitted for users older than the age of 18.
3 Premium Tests, Payment
- 3.1 Use of Premium Tests is subject to payment of the applicable fees as outlined on TerraYou. Furthermore, the following regulations apply to your use of Premium Tests.
- 3.2 We accept the payment methods outlined in the Premium Tests checkout.
- 3.3 You warrant that you are above the age of 18, that all payment data you enter is correct and that you are fully authorized to pay with the payment means used.
- 3.4 Insofar as value added tax ("VAT") is applicable by law, all fees are understood to include VAT.
- 3.5 We reserve the right to exclude users from entering Premium Tests at our own discretion.
- 3.6 Premium Tests are digital products. Refunds are not offered for digital products once the order is placed and the digital products are delivered to you. If you are a consumer residing in the European Union, you are entitled to withdraw from your Premium Tests contract according to the right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to business nor self-employed/entrepreneurial activities.
4 Availability, Modifications
- 4.1 TY always endeavors to keep TY Tests complete, up-to-date and fully functional on TerraYou, but temporary restrictions or interruptions cannot be ruled out as a result of technical malfunctions (e.g. interruptions to the power supply, hardware or software errors, and technical problems in data lines).
- 4.2 Otherwise the right to use TY Tests available on TerraYou is limited to TY’s technical and operating capabilities.
- 4.3 TY reserves the right to shut down, restrict or change the operation of TerraYou and/or TY Tests wholly or partially, at any time, without explanation.
5 Rights of use
5.1 All copyrights and rights of use to TY Tests as well as to the content on TerraYou (text, graphics, etc.) are expressly reserved.
5.2 Unless any further use is explicitly permitted in these terms of participation and use on TerraYou,
- you may only retrieve and display the content available on TerraYou for personal, non-commercial purposes. This right of use is limited to the duration of your contractual participation.
- you may not process, change, translate, present, publish, exhibit, duplicate or distribute in any other way the content available on TerraYou either in whole or in part. You are also forbidden from removing or altering copyright notices, logos or other markings or proprietary notices.
5.3 Any forbidden exploitation, distribution, duplication or other breach of commercial property rights and copyrights belonging to TY will be pursued in the civil and criminal courts.
6 Forbidden activities
6.1 The TY Tests available on TerraYou are only intended for your non-commercial use. You are prohibited from any use for or in connection with commercial purposes. Prohibited commercial use includes in particular:
- any offer or advertising of paid content, services and/or products, both your own and those belonging to third parties,
- any offer, advertising, or execution of activities with a commercial background such as sweepstakes, draws, barters, adverts, or pyramid schemes, and
- any electronic or other gathering of identity data and/or contact details (including email addresses) belonging to members (e.g. for the dispatch of unsolicited emails).
6.2 You are also prohibited from any activities on or in connection with TerraYou or TY Tests which are in breach of applicable law, infringe the rights of third parties, or breach the principles of protection for minors.
6.3 You are also prohibited from engaging in any action liable to impair the smooth operation of TerraYou and TY Tests, in particular to overload TY's systems.
6.4 If there is a suspicion of illegal or criminal acts, TY will be entitled and possibly also obliged to check your activities and, if necessary, to initiate appropriate legal steps.
7 Data protection
- 7.1 TY will process your personal details for specific purposes and in accordance with statutory provisions.
- 7.2 Personal details given for the purpose of using additional features in TY Tests will be used by TY for fulfilment of the contract, payment, and handling.
- 7.3 Further information on the nature, scope, location and purpose of TY's collection, processing and use of required personal details can be found in the data protection declaration: https://terrayou.com/data-protection
8 Limitation of Liability
- 8.1 TY is liable for intent and gross negligence. Furthermore, TY shall be liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you, as the contractual partner, could regularly rely. In the latter case, however, TY shall only be liable for foreseeable damage typical for the contract. TY shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
- 8.2 TY is not liable for incorrect information caused and/or disseminated by participants and/or third parties including Cooperation Partners, and which is connected to a competition.
- 8.3 TY is not liable for offers from third parties, in particular from Cooperation Partners, which are promoted on TerraYou web pages or in TY Tests.
- 8.4 Disclaimer: TerraYou and the content presented is created for the purpose of fun and entertainment only. Please don't use TerraYou to make important life decisions.
9 Right of Modification
9.1 Because we are constantly developing TerraYou, it may be necessary from time to time to adapt these Terms. We therefore reserve the right to change these Terms with effect for the future. You can view Terms at any time at https://terrayou.com/terms.
9.2 If you have registered an Account with TerraYou, changes to the Terms can only be made while adhering to the procedure described in the following paragraphs.
- At least four weeks before the planned effective date of the new version of the Terms, we will inform you about the changes by email. You have four weeks from receipt of the information to familiarize yourself with sthe changes. If you do not agree with them, you can object to the changes within this period.
- If you object, the contract can be terminated in text form (e-mail sufficient) with a 14 days’ notice period. Otherwise, i.e. if you do not object, the new version of the Terms will apply from the notified effective date.
- We will inform you about the objection period and the legal consequences of an objection, or the passing of the objection period without objection, in the information about the planned change.
- If the changes affect essential contractual obligations incumbent upon us or you (i.e. obligations whose fulfilment is essential for the proper execution of the agreement and on whose observance the respective other contractual party may regularly rely), the reservation of the right to make amendments pursuant to this section shall only apply if the changes are reasonable for you, taking into account our interests. This is the case, for example, if we ensure that conditions applicable at the time the change comes into force remain unaffected until such time as you or we could terminate the agreement, or if we are obliged to make the change due to a change in law or a legally binding or provisionally enforceable court or government order.
10 Final provisions
- 10.1 Changes to these terms of participation and use must be made in writing to be effective. The same applies to the abrogation of the requirement for written form.
- 10.2 If any provisions of these terms of participation and use are or become invalid and/or unenforceable, the validity of the remaining provisions will not be affected.
- 10.3 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment and jurisdiction is, to the extent permitted by law, Berlin, Germany. If you are a consumer habitually resident in the European Union ("EU"), you also enjoy protection of the mandatory provisions of the law of the EU member state of your residence. You may choose to file claims related to these terms of participation and use arising from consumer protection laws valid in Germany as well as in the EU member state in which you reside.
- 10.4. If you are a consumer residing in the European Union, we draw your attention to the notification about our participation in of disputes and in informal dispute resolution.