General Terms and Conditions

1. Scope and provider

1.1 Provider

prachtkind
Hermann Rauschmayr
Maria Jeutendorf 16
3140 Pottenbrunn, Austria
Email: hermann@prachtkind.at
Phone: +43 676 4205070

1.2 Scope

These General Terms and Conditions (hereinafter “Terms”) apply to the use of the Wunschlist app (available for iOS and Android) and the associated website wunschlist.app. They govern the contractual relationship between the provider and the users of the app.

1.3 Private project

2. Description of services

2.1 Core features

Wunschlist offers the following main features:

• Creating and managing personal wish lists
• Sharing wish lists with friends and family via link
• Viewing other users’ wish lists (with their consent)
• Marking wishes as fulfilled
• Categorising and organising wishes
• Personalising the app design (colours, themes)

2.2 Free use

Using Wunschlist is completely free. There are:

• No registration fees
• No subscriptions or recurring costs
• No in-app purchases
• No obligation to use affiliate links
• No hidden costs

2.3 Optional Amazon affiliate links

In future, Wunschlist will offer the optional possibility of linking wishes with Amazon affiliate links. This feature is:

• Completely voluntary: You decide for yourself whether you want to use this feature
• No restriction: The app works fully without using these links
• Transparent: Affiliate links are clearly marked as such
• No additional costs: Products do not become more expensive through the use of affiliate links

By optionally using affiliate links, you support the free further development of the app. We receive a small commission on purchases made through these links – without any additional cost to you.

3. Requirements for use and registration

3.1 No mandatory registration

Using Wunschlist does not require registration with personal data. You can use the app immediately after downloading it.

3.2 Voluntary profile data

You may voluntarily provide the following data in order to make the best use of the app’s features:

• Nickname / username
• Profile photo
• Date of birth
• Gender

This information is entirely optional and can be changed or deleted at any time.

3.3 Minimum age

Use of the app is permitted from the age of 13. Minors under 16 require the consent of their parents or legal guardians in accordance with Art. 8 GDPR.

4. Responsibility for user content

4.1 Own responsibility

You are fully responsible for all content that you upload, share or publish in the app. This includes in particular:

• Texts and descriptions of your wishes
• Uploaded photos and images
• Links to external websites
• Profile pictures and personal information
• Shared lists and content

4.2 Prohibited content

You undertake not to create or share any content that:

• Violates applicable law
• Infringes the rights of third parties (copyrights, trademark rights, personality rights)
• Is offensive, discriminatory, racist or glorifies violence
• Contains pornographic content or content harmful to minors
• Constitutes advertising or spam (except for legitimate wishes)
• Contains viruses, malware or harmful software

4.3 Copyright and image rights

If you upload images or photos, you confirm that you:

• Hold the necessary rights to this content
• Have obtained the consent of any persons depicted
• Do not use third-party copyrighted content without permission

4.4 Links to external websites

If you add links to external websites (e.g. online shops, product pages) to your wishes, you are responsible for ensuring that these links:

• Lead to legal and permissible content
• Do not link to harmful or fraudulent websites
• Comply with the terms of use of the linked websites

4.5 Consequences of violations

In the event of violations of these rules, we reserve the right to:

• Delete the content concerned without prior notice
• Temporarily or permanently block your access to the app
• Take legal action against you
• Hold you liable for any damage caused

5. Liability and warranty

5.1 Limitation of liability – private project

Important note: As Wunschlist is a private, non-commercial and privately funded project, the following applies:

We provide the app free of charge and are only liable for intent and gross negligence. Liability for slight negligence is excluded unless:

• Life, body or health are affected
• Essential contractual obligations have been breached
• Mandatory statutory liability provisions apply (e.g. Product Liability Act)

Recommendation: Back up important data regularly by exporting it or taking screenshots. We accept no responsibility for data loss caused by technical problems, server failures or the discontinuation of the service.

5.2 No liability for user content

We accept no responsibility for:

• Content created or shared by users
• The accuracy, timeliness or completeness of wish lists
• The fulfilment or non-fulfilment of wishes
• Duplicate presents or misunderstandings between users
• Disputes between users

5.3 No liability for external links

Users can add links to external websites (e.g. online shops, Amazon) to their wish lists. We accept no liability for:

• The availability of linked websites
• The accuracy of product information or prices on external websites
• The delivery, quality or availability of products from third-party providers
• Purchase contracts concluded between users and third-party providers (e.g. Amazon)
• Damage resulting from the use of external websites

Purchases made via external links are governed exclusively by the terms and conditions and privacy policies of the respective provider.

5.4 Technical availability and data security

No guarantee of technical availability: As Wunschlist is a privately funded project, we cannot guarantee 100% availability. Outages may occur due to:

• Maintenance work (announced in advance where possible)
• Technical faults or server problems
• Financial constraints in operation
• Force majeure
• External attacks (e.g. DDoS attacks)

No guarantee of data security: Although we strive to store data securely, we cannot guarantee the permanent security, availability or recoverability of your data.

6. Data protection and log files

6.1 Data protection

Protecting your data is important to us. Details on data processing can be found in our privacy policy.

6.2 Log files and IP addresses

For technical and security reasons, log files are automatically created when the app and website are used. They may contain the following information:

• IP address of the accessing device
• Time of access (date and time)
• Pages accessed / features used
• Error messages and system status
• Browser / operating system used

6.3 Purpose of the log files

Log files are stored for the following purposes:

• Security: Detecting and preventing attacks, misuse and unauthorised access
• Error analysis: Identifying and fixing technical problems
• Optimisation: Improving app performance and user experience
• Legal obligation: Complying with statutory retention obligations

6.4 Disclosure to authorities

Log files including IP addresses are disclosed only:

• To law enforcement authorities in the event of a justified suspicion of criminal offences
• On the basis of a court order or an order from the public prosecutor
• Where there is a legal obligation to provide information
• To avert acute danger to life and limb

Data is not disclosed to third parties without a legal basis.

6.5 Storage period

Log files are stored for a maximum of 90 days and then automatically deleted, unless statutory retention obligations apply or a specific security incident requires longer storage.

7. Changes and further development

7.1 Changes to the app

We reserve the right to change or extend the app or remove individual features at any time, in particular in order to:

• Add new features
• Improve security
• Fix bugs
• Meet legal requirements

Significant changes affecting the core features of the app will be announced in good time.

7.2 Changes to these Terms

We reserve the right to amend these Terms as necessary, in particular in the event of:

• Changes in the law
• New features
• Court decisions
• Changes to our business model

You will be informed about significant changes in the app. Continued use of the app after the amended Terms come into force constitutes acceptance.

8. Termination of use

8.1 Deletion by the user

You can stop using the app at any time by:

• Uninstalling the app from your device
• Deleting your profile in the app settings
• Sending an email to hermann@prachtkind.at requesting deletion

After deletion, your data will be removed in accordance with our privacy policy.

8.2 Blocking by the provider

We reserve the right to block your access to the app in the event of:

• Violations of these Terms
• Violations of applicable law
• Misuse of the app
• Endangering the technical infrastructure

9. Discontinuation of the service

9.1 Right to discontinue

• Financial reasons: If the costs of hosting, servers and operation are no longer sustainable
• Time reasons: If the time required for development and maintenance becomes too great
• Technical reasons: If technical maintenance can no longer be ensured
• Personal reasons: If private or professional circumstances make continuation impossible
• Legal reasons: If legal requirements can no longer be met

9.2 Efforts to give advance notice

Where possible, we will endeavour to inform you of a planned discontinuation in good time so that you have the opportunity to export or back up your data. However, there is no legal entitlement to this.

9.3 No claims upon discontinuation

In the event that the service is discontinued, there are no claims whatsoever against the provider, in particular:

• No entitlement to continuation of the free service
• No entitlement to damages or compensation
• No entitlement to data recovery
• No entitlement to a transition period or migration to another service

Recommendation: Back up important data regularly, as the service may be discontinued at any time.

10. Final provisions

10.1 Applicable law

These Terms and the use of the app are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

10.2 Place of jurisdiction

To the extent permitted by law, the place of jurisdiction for all disputes is the provider’s registered office in Austria.

10.3 Severability clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.

10.4 Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

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

11. Contact

If you have any questions about these Terms or the app, you can contact us at any time:

prachtkind
Hermann Rauschmayr
Maria Jeutendorf 16
3140 Pottenbrunn
Austria

Email: hermann@prachtkind.at
Phone: +43 676 4205070