1. Acceptance of Terms

By downloading, installing, or using the TAFH application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, you may not use the App. You must be at least 16 years of age to use the App. If you are under 16 years of age, you may not use the App without the verified consent of a parent or legal guardian.

2. About TAFH

TAFH is a free mobile application provided by Zest Labs GmbH. It is designed to enable individuals to report hateful and discriminatory content in public spaces, including but not limited to graffiti, stickers, posters, and symbols that promote hatred or discrimination.

3. Privacy Policy

The collection, use, and processing of your personal data in connection with the App is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you acknowledge that you have read and understood our Privacy Policy. As a company established in Germany, Zest Labs GmbH processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable German data protection law.

4. Permitted Use

You may use the App solely for the purpose of reporting hateful and discriminatory content based on sexism, homophobia, transphobia, ableism, racism, xenophobia, antisemitism, Islamophobia, or any other form of discrimination or hatred.

5. Prohibited Use

You agree not to use the App for any purpose other than reporting hateful and discriminatory content as described above. Prohibited uses include, but are not limited to:

• Reporting non-hateful or non-discriminatory content;
• Submitting false or misleading reports;
• Using the App for harassment, bullying, or personal attacks;
• Any commercial use without prior written consent from Zest Labs GmbH;
• Attempting to reverse engineer, hack, or interfere with the App's functionality;
• Distributing malware or engaging in any activity that disrupts the App's services.

6. User-Generated Content and Content License

You may submit reports through the App, including photographs of public spaces containing hateful or discriminatory material. While we encourage you to prioritize your safety and avoid capturing identifiable information unnecessarily, we acknowledge that images may incidentally include personally identifiable information ("PII"), such as faces or vehicle registration plates. By submitting such images, you confirm that they are taken in public spaces and for the sole purpose of reporting hateful content.

By submitting any report or content through the App, you grant Zest Labs GmbH a worldwide, non-exclusive, royalty-free license to store, process, display, and transmit such content solely for the purposes of operating the App, performing content moderation, forwarding reports to relevant authorities, and improving our services. You retain ownership of any content you submit and may request its deletion in accordance with our Privacy Policy.

7. Prohibited Content and Reporting

You are strictly prohibited from uploading, submitting, or sharing any content that:

• Depicts nudity, sexual content, or any form of pornography. Such content will be immediately reported to the relevant authorities.
• Contains or promotes illegal activities, including but not limited to violence, threats, child exploitation, or terrorism. Any such content will be reported to the authorities and may result in legal prosecution.
• Violates the privacy rights of individuals, except where such information is incidentally captured in public spaces as part of documenting hateful content.
• Infringes on intellectual property rights or other proprietary rights.

Zest Labs GmbH reserves the right to remove any content that violates these Terms and to take appropriate legal action, including reporting to law enforcement authorities.

If you believe that any content submitted through the App violates these Terms or applicable law, you may submit a notice to us at contact@zestlabs.io. Please include a description of the content in question, the reason you believe it is unlawful or in violation of these Terms, and your contact information. We will review all notices promptly and take appropriate action in accordance with applicable law, including the EU Digital Services Act.

8. Platform Intermediary Liability

Zest Labs GmbH operates as a hosting service provider within the meaning of Article 6 of the EU Digital Services Act (Regulation (EU) 2022/2065, "DSA"). Zest Labs GmbH is not liable for user-submitted content of which it has no actual knowledge or awareness. Upon obtaining actual knowledge or awareness of illegal content, or upon receiving a valid notice under Section 7, Zest Labs GmbH will act expeditiously to remove or disable access to such content.

This limitation of liability does not apply where Zest Labs GmbH has actual knowledge of illegal content and fails to act without undue delay, or where Zest Labs GmbH controls or directs user content in a manner that makes it responsible as a content originator.

We do not proactively monitor all user-submitted content; however, we operate automated and manual moderation mechanisms and we encourage users to report content that violates these Terms using the process described in Section 7.

9. Account Suspension and Termination

Zest Labs GmbH reserves the right to suspend or permanently terminate your access to the App at any time, with or without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to the safety or integrity of the platform or other users.

You may request deletion of your account and associated personal data at any time by contacting us at contact@zestlabs.io or through the account settings within the App. Upon termination or deletion of your account, your right to use the App ceases immediately.

10. Intellectual Property

The App and all content provided within it, including but not limited to text, graphics, logos, and software, are the property of Zest Labs GmbH or its licensors and are protected by German and international copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any portion of the App without express written permission from Zest Labs GmbH.

11. Disclaimers

The App is provided on an "as is" and "as available" basis. Zest Labs GmbH does not warrant that the App will be error-free, uninterrupted, or free from viruses or other harmful components. To the fullest extent permitted by law, Zest Labs GmbH disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Zest Labs GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the use or inability to use the App, even if Zest Labs GmbH has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zest Labs GmbH, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the App or your violation of these Terms.

14. Modifications to the App and Terms

Zest Labs GmbH reserves the right to modify, suspend, or discontinue the App or any part thereof at any time without notice. Zest Labs GmbH may also revise these Terms at any time. Continued use of the App after such revisions constitutes acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with these Terms or the use of the App shall be subject to the exclusive jurisdiction of the courts of Mannheim, Germany.

16. Contact Information

If you have any questions or concerns regarding these Terms or the App, please contact us at:

Zest Labs GmbH
C 7 1
68159 Mannheim, Germany
Email: contact@zestlabs.io
Phone: +49 (0) 160 698 818 9

17. Entire Agreement

These Terms constitute the entire agreement between you and Zest Labs GmbH regarding your use of the App and supersede all prior agreements or understandings, whether written or oral.