Terms of Service

1. Provider and Scope

Provider

Sebastian Mück
Schellingstraße 87
80799 München
Germany

Email: support@riffly.tv

(hereinafter “Riffly”, “we” or “us”)

These Terms of Service govern the use of the Riffly app and its services. By creating an account, the user agrees to these Terms of Service.

We do not accept terms or conditions of users that deviate from these Terms, unless we have expressly agreed to them in writing.

2. Service Description

Riffly is a mobile application that enables users to share movie experiences socially. The app provides in particular:

• Synchronized shared movie experiences with other users
• Real-time reactions and comments during movie playback
• Audio-based synchronization features for detecting playback position
• Personal movie lists and ratings management
• Social features such as friend lists and shared sessions

The exact scope of services is set out in the current version of the app and the corresponding product description in the relevant app store.

Riffly does not provide film content and is not a streaming service. The app requires that users have their own legally obtained access to film content.

3. Eligibility and Minimum Age

Use of Riffly requires:

• A minimum age of 16 years (Art. 8(1) GDPR in conjunction with German implementation law)
• A valid email address
• A smartphone or tablet running a compatible operating system (iOS or Android)
• A functional internet connection

Persons under the age of 16 may not use Riffly. By registering, the user confirms they have reached the minimum age.

4. Registration and User Account

4.1 Account Creation

Use of Riffly requires creating a user account. Users must provide truthful and complete information when registering and keep that information up to date.

4.2 Login Credentials

Users are responsible for the security of their own login credentials (particularly their password). Credentials must not be shared with third parties. If unauthorized use of an account is suspected, Riffly must be notified immediately.

4.3 One Account Per Person

Each user may only maintain one account. Creating multiple accounts is not permitted unless Riffly has given explicit consent.

4.4 Liability for Unauthorized Use

Users are liable for all activities carried out using their login credentials, unless they are not responsible for the unauthorized use. Riffly is not liable for damages resulting from unauthorized use of a user account where the user failed to exercise the required care in securing their credentials.

5. Code of Conduct and Prohibited Use (Acceptable Use Policy)

5.1 General Conduct Rules

Users agree to use Riffly exclusively for legal purposes and in accordance with these Terms. In particular, it is prohibited to:

• Harass, threaten, bully, or discriminate against other users
• Distribute illegal, offensive, obscene, racist, or otherwise unlawful content
• Infringe upon third-party rights (in particular copyright, personality rights)
• Interfere with or manipulate Riffly's technical infrastructure (e.g. through bots, scraping, or DDoS attacks)
• Use automated access methods without explicit authorization

5.2 Audio Features

Riffly's audio features are intended exclusively for the technical synchronization of movie playback. In particular, it is prohibited to:

• Use the audio features to record other persons without their knowledge
• Record or relay private conversations of third parties via the audio features

Notice under § 201 of the German Criminal Code (StGB): Unauthorized recording of another person's privately spoken words is a criminal offense under German law. We expressly point out that misuse of the audio features to record private conversations may constitute a criminal offense.

5.3 Film Rights

Users are solely responsible for ensuring they access watched films through legal means. Riffly does not verify the legality of film sources used by users.

6. Intellectual Property

6.1 Riffly Ownership

The Riffly app and all associated content (design, code, text, graphics, logos) are the property of Riffly or its licensors and are protected by copyright and other intellectual property rights. Reproduction, distribution, or other use beyond the intended use of the app is not permitted without express authorization.

6.2 Third-Party Film Rights

Film content that users watch via their own streaming services or other sources is subject to the rights of the respective rights holders. Riffly claims no rights to such content.

7. User-Generated Content

7.1 User Content

Users may upload or share their own content via Riffly, in particular reactions, comments, ratings, and audio data as part of the synchronization feature (hereinafter “User Content”).

7.2 License Grant

By uploading or sharing User Content, users grant Riffly a non-exclusive, worldwide, royalty-free license to store, process, and display such content for the purpose of operating and providing the service. This license is limited to the purpose of service operation and expires when the user deletes the relevant content or closes their account, unless statutory retention obligations apply.

7.3 Responsibility for User Content

Users are solely responsible for content they upload and warrant that such content does not infringe any third-party rights and does not violate applicable law.

8. Audio Recording — Explicit Disclosures

8.1 What Is Recorded

As part of the synchronization feature, Riffly analyzes audio data from the user's device microphone. Specifically:

• A short audio fingerprint of the playing film audio is created temporarily
• This fingerprint is used to determine the film playback position
• The actual audio recording is discarded locally immediately after analysis, unless the user explicitly activates a sharing feature

8.2 What Must Not Be Recorded

The audio feature may only be used for the intended synchronization purpose. Recording or transmitting conversations or other private content is strictly prohibited.

8.3 Data Protection

Further information about the processing of audio data can be found in our Privacy Policy.

9. Right of Withdrawal (for Future Paid Services)

This section applies if and when Riffly offers paid services available through in-app purchases or subscriptions.

Withdrawal Notice

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us:

Sebastian Mück
Schellingstraße 87
80799 München
Germany
Email: support@riffly.tv

by means of a clear written statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days after the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the time you have communicated your withdrawal from this contract, in comparison with the full coverage of the contract.

Expiry of Right of Withdrawal

The right of withdrawal expires prematurely for contracts for the provision of services where Riffly has fully performed the service and performance only began after the consumer gave their express consent and confirmed their knowledge that the right of withdrawal is lost upon full performance of the contract by Riffly (§ 356(4) BGB).

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
Sebastian Mück
Schellingstraße 87
80799 München
Germany
Email: support@riffly.tv

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

10. Limitation of Liability

10.1 Principle

Riffly is fully liable for damages arising from injury to life, body, or health that result from an intentional or negligent breach of duty by Riffly, its legal representatives, or vicarious agents.

Riffly is also fully liable for other damages resulting from intentional or grossly negligent breaches of duty by Riffly, its legal representatives, or senior executives.

10.2 Ordinary Negligence

In cases of ordinary negligence, Riffly is only liable if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to the typically foreseeable damage.

10.3 Exclusion of Further Liability

Further liability of Riffly is excluded. This applies in particular to indirect damages, lost profits, and data loss, unless one of the cases mentioned above applies.

10.4 Mandatory Statutory Liability

The foregoing limitations do not apply to claims under the German Product Liability Act (ProdHaftG) or to liability arising from the assumption of an express guarantee.

11. Termination and Suspension

11.1 Termination by User

Users may delete their account at any time without giving reasons. Deletion can be done via the app's settings or by written request to support@riffly.tv. Following account deletion, the user's data will be handled in accordance with our Privacy Policy.

11.2 Termination and Suspension by Riffly

Riffly may suspend or terminate a user account if:

• The user violates these Terms of Service
• The user uses the app for illegal purposes
• The user harasses or harms other users
• There is reasonable suspicion of identity misuse
• A court or authority orders the suspension

In cases of serious violations, Riffly may suspend the account immediately. In other cases, the user will be notified in advance and given an opportunity to respond, unless the urgency of the situation makes this unreasonable.

11.3 Consequences of Termination

Upon termination of the user relationship, all usage rights granted to the user shall expire. Paid purchases already made will be settled in accordance with applicable law.

12. Governing Law and Jurisdiction

These Terms of Service and all legal relationships between Riffly and the user are exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the user is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction for all disputes arising from this contract is München (Munich).

For consumers, the statutory place of jurisdiction under applicable consumer protection regulations shall apply.

13. Online Dispute Resolution (ODR Platform)

The European Commission provides a platform for online dispute resolution (ODR), which is available at the following link: https://ec.europa.eu/consumers/odr

We are neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

14. Out-of-Court Dispute Resolution

Riffly does not currently participate in dispute resolution proceedings before a consumer arbitration board and is not required to do so. In the event of a dispute, we recommend contacting us directly at support@riffly.tv in the first instance.

15. Severability Clause

Should any provision of these Terms of Service be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effect most closely corresponds to the economic objective pursued by the parties with the invalid or unenforceable provision.

16. Changes to These Terms

Riffly reserves the right to amend these Terms of Service with future effect. Changes will be communicated to users at least 30 days before they take effect, by email or via an in-app notification.

If the user does not object to the amended Terms within 30 days of receiving the notification, the amended Terms shall be deemed accepted. Riffly will specifically draw the user's attention to this right of objection and the significance of the deadline in the change notification.

In the event of an objection, Riffly is entitled to terminate the user relationship with reasonable notice.