Terms of Service

1. Who we are and what these terms cover

Simrath (simrath.com) is run by Fabio Simrath, Jenbach, Austria ("we"). Simrath is a private technology project in development and not (yet) a registered company. Contact: [email protected]. More details are in the Impressum (legal notice).

These terms apply to the website simrath.com and all services you use through it, with or without an account or API key (together "Simrath").

2. What Simrath offers

Simrath is free. With an account you can currently set up a profile with a username and a profile picture, follow others, send messages, pictures and files, and use groups. Areas like "Home" (your servers) and "Accessories" show previews of future Simrath products; once they are available, separate terms may apply to them.

Simrath is constantly being developed. We may change, add or discontinue features. There is no right to a particular feature or to constant availability (see section 9).

3. Account and minimum age

• You must be at least 14 years old to create an account. You enter your birthdate when signing up for this. If you are not yet of legal age, please talk to your parents or guardians first.
• Your details must be true. Only use an e-mail address that belongs to you. An account belongs to one person and may not be passed on.
• Keep your password, API key and recovery codes secret. You are responsible for everything that happens with your account until you tell us that someone else has access. We recommend two-factor sign-in.
• Your username is visible to other users. It must not imitate anyone, insult anyone or infringe the rights of others (e.g. trademark or name rights). Otherwise we may change or remove it.
• These terms apply in the same way to an API key without an account. We issue keys and their access levels and may change or block them at any time.

4. What is not allowed

When using Simrath you must not:

• spread illegal content, in particular hate, incitement, threats, insults, harassment or bullying;
• send depictions of sexual abuse, pornographic content or depictions of violence;
• share other people's personal data, photos or messages without their consent;
• infringe copyrights, trademarks or other rights of third parties;
• send spam, chain letters, advertising without consent, or attempt fraud;
• upload or send malware;
• get around security measures, use other people's accounts or keys, guess passwords, query Simrath automatically, overload or attack it, or exploit vulnerabilities instead of reporting them;
• pretend to be someone else, including Simrath or its operator.

Found a security issue? Please write to [email protected] instead of exploiting or publishing it. Thank you!

5. Your content

What you write and upload (messages, pictures, files, profile picture) remains yours. You only grant us the rights we need to run Simrath: to store your content, deliver it to its recipients and show it to them, free of charge, non-exclusively and only for this purpose. This right ends when you delete the content or your account is deleted, unless we are required by law to keep it.

You are responsible for your content and may only send content you have the necessary rights to. Messages are meant for the participants of the conversation. They are stored encrypted on the server; we don't look at them unless the law requires it or it is necessary to check a reported violation of these terms.

6. Reporting illegal content

If you see content on Simrath that you believe is illegal or breaks these terms, report it with "Report": for a message in its ⋯ menu, for a person on their profile, for a group in the group info. You can also write to [email protected]; then please describe the content (e.g. username, group, time) and why you think it is illegal.

We review every report promptly, carefully and objectively and tell you what we decided. If we remove content, we tell the person concerned why. They are not told who reported it, unless we are required to by law.

You can also block other people at any time: they then can't message you, follow you or add you to groups.

Point of contact for authorities and for users under Art. 11 and 12 of the Digital Services Act: [email protected], in German or English.

7. Suspension and removal

If someone breaks these terms or the law, we may, depending on how serious it is, remove content, issue a warning, restrict features or suspend the account or key temporarily or permanently. If there is a specific suspicion, we may also suspend an account provisionally until the matter is cleared up. We take the legitimate interests of everyone involved into account and tell you the decision and the reason for it, unless the law doesn't allow this or it would put an investigation at risk. You can write to us about it at any time and we will look at the decision again.

8. Deleting your account and ending use

You can stop using Simrath at any time and delete your account yourself right away with "Delete account" in the Account tab, or have it deleted by e-mailing [email protected] from your account's address. You can request the deletion of further data there under "Delete other data". What is deleted in each case is described in the Privacy Policy.

We may discontinue Simrath or individual services. We announce major cuts, such as the end of accounts, at least 30 days in advance so you can save your content, unless there is an important reason for an earlier end (e.g. a security risk or a legal obligation).

9. Availability and backups

Simrath runs on its own server. We aim for reliable operation but can't promise constant availability: maintenance, updates, disruptions or outages are possible. Please keep your own copies of important content (e.g. files and photos).

10. Liability

Simrath is free. We are liable for damage we cause intentionally or through gross negligence and for personal injury. Otherwise we are not liable for slight negligence. Mandatory legal claims, in particular under the Austrian Consumer Protection Act (KSchG) and the Product Liability Act, remain unaffected.

Users are responsible for content they post themselves. If we learn of illegal content, we remove it promptly.

11. Name, logo, software and design

Simrath's software, texts and design are protected by copyright. You may only use them, as well as the Simrath name and the Simrath logo (Ψ), as part of the normal use of Simrath. Any other use, for example for your own offers, products or advertising, needs our consent first.

12. Changes to these terms

We may change these terms, for example when new features are added or the law changes. If something important changes, we ask you to accept the new version the next time you sign in; you can see what applies before you do. If you don't agree, you can have your account deleted.

13. Applicable law and jurisdiction

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you keep the mandatory protection of the country where you habitually live, and you can sue and be sued where you live.

If any provision of these terms is invalid, the remaining provisions stay valid.

These terms exist in German and English. The German version is binding.