Terms of Use
1. Who your contract is with
Your contract is with Moritz Niedermann, who operates Screenshame as a sole trader. The full details are in the Imprint.
Email: contact@milewise.de
The contract for the use of Screenshame comes into being when you sign in to the app. How your data is processed is described in the Privacy Policy, which is not part of this contract but informs you about that.
2. What Screenshame is
Screenshame shows the people you chose for it how long you used your phone on a given day, and shows you the same about them. The lowest total is at the top. Along with that come limits you set for yourself, groups that people are only ever invited into, and a chat.
The numbers come from the record your phone keeps itself, and your phone reports them. They are self reported: a friendly competition, not an audited one. We verify no number, we certify none, and no number in this app is a basis for a penalty, a payment or a judgement by us.
3. Minimum age
Screenshame is for people aged 16 and over. The app asks for your date of birth and lets nobody under 16 in.
If you are between 16 and 18, you need the agreement of your parents or of your other legal guardian for this contract. Without that agreement the contract is provisionally invalid (sections 104 to 113 of the German Civil Code, BGB). Tell us if you are unsure whether this applies to you.
Anybody who knows of an account belonging to a person under 16 can report it to us. A message to the address in section 1 is enough, and we demand no proof for it.
4. Free of charge
Screenshame costs nothing today. There is no paid feature, no subscription and no purchase in the app. Because you pay for nothing, there is no right-of-withdrawal notice here for a paid contract either.
Should paid features arrive later, they will have their own terms, shown to you before any purchase, with the right-of-withdrawal notice the law then requires.
5. Nothing is ever blocked
Screenshame blocks no app, no device and no feature, and technically cannot. A limit tells your friends, and that is the whole mechanism.
Screenshame is therefore not a parental-control tool and not device management. Nobody else can decide anything about your phone, and you cannot decide anything about another person's phone.
6. How you get out again
You can get out at any time, by your own decision, with no waiting period, no penalty and no payment. Nobody has to agree, and nobody can hold it up.
- Removing a friend ends the friendship for both sides and takes your past days from the other side as well.
- Leaving a group ends the seeing from that moment. What the members saw until then cannot be unseen.
- Deleting your account is something you do in the app under "You", and the route without the app is on the Delete your account page. What is deleted is stated there and in section 8 of the Privacy Policy.
7. Blocking
You can block any person. A block works in both directions: the two of you see nothing of each other any more, and an existing friendship ends with it.
This also applies when the two of you share a group. You both stay in the group, but neither of you sees the other on the group's board or the other's messages in its chat. The other person's name stays in the group's list of members, so that an admin can still remove them.
8. What you may not do
- Harass, threaten, intimidate or humiliate other people.
- Spread hatred against people for their origin, religion, disability, sexual orientation, sex or age.
- Spread sexual content, and under no circumstances any involving minors.
- Pass yourself off as another person, as a company, or as Screenshame itself.
- Send advertising, bulk messages or automated messages.
- Use a display name, a username, a group name or a photo that insults or threatens others or infringes their rights.
- Report numbers that are not your phone's, or manipulate what your phone reports.
- Attack, overload or circumvent the service, or extract other people's data from it.
These rules apply to everything you write in Screenshame, upload to it, or choose as a name. We do not tolerate objectionable content or abusive users.
9. Moderation
A simple word filter refuses particular wordings in the chat. You can report any message in the app by pressing and holding it, and a person's name, username or photo from their profile; the report reaches the operator with its reason, and not with your name for the other side. Blocking works as described in section 7.
We review every report within 24 hours. Where section 8 has been breached, we remove the content and, depending on the case, disable or delete the account responsible. The operator may also do so where there is another serious reason for it.
10. Your content
What you write and upload stays yours. You grant us only the right we need in order to run Screenshame: to show your photo, your name and your username to everybody signed in to Screenshame whom you have not blocked and who has not blocked you, and your numbers and your messages to the people you chose for that, to store them and adapt them technically for that purpose, and to show them to a moderator in the event of a report. That right is not transferable, not sublicensable, and ends when the content is deleted.
You may upload only what you are allowed to upload. For a photo that means: you took it or are allowed to use it, and the people in it agree.
11. Availability and changes to the service
We promise no uptime. Screenshame runs on a server, and a server does stand still now and then, for maintenance, after a fault, or because a provider is out. A day your phone could not report during that time may be lost.
We may change, add to and discontinue features, and discontinue the service as a whole. For a change that is material to you, and for discontinuing the service, we tell you beforehand in the app, with reasonable notice.
12. Liability
We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and under a guarantee we have given.
In the case of slight negligence we are liable only for the breach of an essential contractual duty, that is a duty whose performance is what makes the proper execution of the contract possible in the first place and on whose observance you regularly rely, and limited in amount to the foreseeable damage typical of this kind of contract at the time it was concluded.
Otherwise our liability is excluded. The same applies to our legal representatives and to the people we use to perform our duties. None of this changes the burden of proof to your disadvantage.
For what other users write or upload, they are liable and we are not. What you do or refrain from doing because of a number in this app is your own decision.
13. Where we offer Screenshame
We do not offer Screenshame in the United Kingdom. If you are habitually resident there, this offer is not directed at you.
14. Termination
Either side can end this free contract at any time.
You terminate by deleting your account, in the app or by the route on the Delete your account page. You need no notice period and no reason.
We can terminate the contract with one month's notice, and immediately where section 8 has been seriously breached or there is another serious reason. If we discontinue the service, we give notice as described in section 11. When the contract ends we delete your account.
15. Changes to these terms
We change these terms where the law changes, an authority or a court requires it, or we introduce or change a feature for which there is no provision here.
We point the change out to you beforehand in the app and name the date from which the new version is to apply. If you do not agree with it, you can delete your account before then, which ends the contract on the old terms.
16. Final provisions
German law applies. Mandatory consumer protection provisions of the state in which you are habitually resident remain unaffected (Art. 6(2) of the Rome I Regulation). We do not agree an exclusive place of jurisdiction with you as a consumer.
Consumer dispute resolution. We are not obliged to provide the information under section 36(1) no. 1 VSBG, because on 31 December of the previous year we employed ten or fewer people (section 36(3) VSBG). We are not willing to take part in a dispute resolution procedure before a consumer arbitration board.
Transfer. If we hand the contract over to another provider, we tell you beforehand, and you can terminate up to the point of transfer.
If one provision is invalid, the rest of these terms remain in force.