User Service Agreement

Service provider	The JCM Group GbR
Trading name	ZIPIEE, Digital Opening Hours (Digitale Öffnungszeiten)
Registered address	Hauptstraße 9, 49179 Ostercappeln, Germany
Contact email	hello@zipiee.io
Legal form	Gesellschaft bürgerlichen Rechts (GbR) under §§ 705 ff. BGB

1. Parties and scope

These Terms of Service ("Terms") form a legally binding agreement between you ("User", "you") and The JCM Group GbR, trading as ZIPIEE ("ZIPIEE", "we", "us"), a civil law partnership registered in Germany.

These Terms govern your use of the ZIPIEE consumer discovery app (the "App"), available on iOS and Android. By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

If you are using the App as part of the ZIPIEE MVP pilot programme, these Terms apply in addition to any Pilot Participant Agreement you have signed.

2. The ZIPIEE service

The ZIPIEE consumer app is a local retail discovery platform that allows you to:

• discover independent retailers and SME businesses in your area;
• view current promotions, offers and opening hours published by participating retailers;
• follow retailers and receive updates when their content changes, subject to availability of this feature.

ZIPIEE acts as an intermediary platform. We do not sell products, process payments between you and retailers, or guarantee the accuracy of retailer-published content. All commercial relationships are directly between you and the relevant retailer.

The App is provided free of charge to consumers. ZIPIEE reserves the right to introduce optional premium features or advertising in the future. Any introduction of advertising will be disclosed in advance through an update to these Terms. We will never serve advertising based on special category personal data.

3. Account registration

To access certain features of the App, you must create an account. When registering, you agree to:

• provide accurate, complete and current information;
• keep your credentials confidential and not share them with others;
• notify us immediately at appsupport@zipiee.io if you suspect unauthorised access to your account;
• accept responsibility for all activity carried out under your account.

You must be at least 16 years of age to create an account. By registering, you confirm that you meet this requirement. ZIPIEE reserves the right to suspend or terminate accounts that provide false information or violate these Terms.

4. User conduct

You agree to use the App lawfully and in accordance with these Terms. You must not:

• use the App for any unlawful, fraudulent or harmful purpose;
• attempt to access, interfere with or damage any part of the App or its infrastructure;
• scrape, copy or systematically extract content without our prior written consent;
• post or transmit content that is defamatory, offensive or infringes third-party rights;
• impersonate any person or entity;
• use automated tools such as bots, crawlers or scrapers to access or interact with the App.

ZIPIEE reserves the right to remove content that violates these Terms and to suspend or terminate accounts of users who breach them.

5. Retailer content

The App displays content, promotions, opening hours and offers published by independent retailers. ZIPIEE does not create, verify or endorse this content and is not responsible for its accuracy, completeness or currency.

ZIPIEE is not responsible for any products or services offered by retailers, any transactions between you and retailers, or any loss or damage arising from your reliance on retailer-published content.

To report content you believe is illegal, inaccurate or misleading, please contact appsupport@zipiee.io. We will review reports and take appropriate action in accordance with our content moderation obligations under the Digital Services Act (DSA).

6. Intellectual property

All intellectual property rights in the ZIPIEE App, including its design, software, branding and original content, are owned by or licensed to The JCM Group GbR. Nothing in these Terms grants you any right to use the ZIPIEE name, logo or brand elements without our prior written consent.

You retain ownership of any content you submit to the App. By submitting content, you grant ZIPIEE a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content for the purposes of operating and improving the App. Retailer content remains the intellectual property of the relevant retailer.

7. Data protection and privacy

ZIPIEE processes your personal data in accordance with the GDPR, the BDSG and the TDDDG. Our Privacy Notice, also available in the App under Settings, Legal, Privacy Notice, sets out in full how we collect, use and protect your data and how you can exercise your rights.

In summary: we collect only what is necessary to provide the App; we do not sell your personal data; you may request access to, correction of, or deletion of your data at any time by contacting gdpr@zipiee.io; and you may withdraw consent at any time through the App's privacy settings.

8. Statutory right of withdrawal (Widerrufsrecht)

As a consumer under German law, you have a statutory right of withdrawal (Widerrufsrecht) under §§ 312g, 355, 356 (5) BGB.

8.1 Withdrawal period

You have the right to withdraw from this agreement without giving any reason within 14 days of the date on which you created your account and accepted these Terms.

8.2 Commencement of service before expiry of the withdrawal period

If you use the App after creating your account, you expressly request that we commence performance of the service before the end of the 14-day withdrawal period. In accordance with § 356 (5) BGB, you acknowledge that your right of withdrawal is extinguished once the service has been fully performed.

8.3 How to withdraw

To exercise your right of withdrawal, send a clear written statement to hello@zipiee.io. You may use the model withdrawal form below, but this is not required.

9. Limitation of liability

To the extent permitted by German law, ZIPIEE's liability is limited as follows:

• ZIPIEE is fully liable for damages caused by wilful misconduct or gross negligence by ZIPIEE, its legal representatives or vicarious agents.
• For simple negligence, ZIPIEE is only liable for breach of a material contractual obligation (Kardinalpflicht). In such cases, liability is limited to foreseeable damage typical for this type of contract.
• ZIPIEE is not liable for the accuracy of retailer-published content, or for loss arising from your reliance on it.
• ZIPIEE is not liable for loss caused by temporary unavailability of the App due to maintenance, technical failures, or circumstances beyond our reasonable control.

Nothing in these Terms limits ZIPIEE's liability for death or personal injury caused by negligence, fraudulent misrepresentation, liability under the Produkthaftungsgesetz, or any liability that cannot be excluded or limited by German law.

10. Service availability and changes

ZIPIEE aims to provide a reliable and continuously available service but does not guarantee uninterrupted access. We may suspend, modify or discontinue the App or any feature at any time, with or without notice, for operational or technical reasons. During the pilot phase, the App is provided on an "as is" basis.

11. Digital Services Act (DSA)

ZIPIEE operates as an intermediary service provider under the DSA (EU Regulation 2022/2065). We have a process for receiving and acting on reports of illegal content at hello@zipiee.io, we publish our content moderation policies in our Impressum and these Terms, and we do not use special category data for targeted advertising.

12. Governing law and dispute resolution

12.1 Governing law

These Terms are governed by the laws of the Federal Republic of Germany. Mandatory consumer protection provisions of the law of your EU member state of residence also apply and are not overridden by this choice of law clause.

12.2 Jurisdiction

Disputes arising from these Terms are subject to the jurisdiction of the courts of the place where The JCM Group GbR is registered, unless you are entitled as a consumer under applicable law to bring proceedings in the courts of your place of residence.

12.3 Consumer dispute resolution

The EU online dispute resolution platform is available at https://ec.europa.eu/consumers/odr. Our ODR contact email is hello@zipiee.io. We are not currently obliged to participate in consumer arbitration and do not do so voluntarily, but we are committed to attempting to resolve disputes amicably. Please contact us directly first.

13. Termination

You may terminate your account at any time via the account deletion function in the App or by contacting hello@zipiee.io. ZIPIEE may terminate or suspend your access where you have materially or repeatedly breached these Terms, where required by law, or where the App is discontinued. We will notify you where we are able to do so.

14. Changes to these Terms

We may update these Terms to reflect changes in the App, applicable law, or our business practices. We will notify you of material changes by email or through the App at least 30 days before they take effect. If you do not agree, you may terminate your account before the new Terms come into force. Continued use of the App after the effective date constitutes acceptance.

15. Miscellaneous

15.1 Entire agreement

These Terms, the Privacy Notice, and any applicable Pilot Participant Agreement constitute the entire agreement between you and ZIPIEE in respect of your use of the consumer App.

15.2 Severability

If any provision is found invalid or unenforceable under applicable law, including §§ 305 to 310 BGB, it shall be modified to the minimum extent necessary to make it valid, or severed if modification is not possible. The remaining Terms continue in force.

15.3 No waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision in the future.

15.4 Language

These Terms are drafted in English. The German translation is the authoritative version. In the event of conflict between language versions, the German version prevails.

15.5 Contact

For all enquiries: hello@zipiee.io · The JCM Group GbR, Hauptstraße 9, 49179 Ostercappeln, Germany