Welcome to FindMyCigs (the "App"), operated by Jan Hamsch und Kai Hamsch GbR ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the App and its services. By downloading, installing, or using FindMyCigs, you agree to these Terms. If you do not agree, please refrain from using the App.
1. Company Information
Jan Hamsch und Kai Hamsch GbR
Schutternstr. 23a
77974 Kuerzell, Germany
Phone: +49 151 54200511
Email: hello@fade.de
2. Description of the App
FindMyCigs is a community-driven mobile map application that enables users to locate, add, and verify cigarette vending machines, gas stations, kiosks, and bars. The App relies on user-generated content to keep the map updated. The App offers two tiers: a Free plan with basic features (requiring users to be at the exact GPS location and use live camera photos) and a Premium plan (monthly or yearly) allowing users to add locations from anywhere, use gallery photos, and benefit from automatic spot verification.
3. Acceptance of Terms
By using FindMyCigs, you confirm your acceptance of these Terms and our Privacy Policy. These Terms form a binding agreement between you and us.
4. Eligibility
You must:
- Be at least 18 years old (or the legal age to purchase tobacco products in your jurisdiction) to use this App.
- Own or have permission to use a compatible mobile device.
- Have an internet connection and enable Location Services (GPS) to access the App's core features.
5. Account Registration
- You may need to create an account to use certain features, such as adding or reporting locations.
- You are responsible for keeping your account credentials secure and for all activities under your account.
- You may optionally add a profile picture to personalize your account.
6. Community Map and Location Data
6.1 How It Works
FindMyCigs utilizes a community-moderation system. Users can add new spots to the map, report non-existent spots, and verify existing ones.
6.2 Content Accuracy and Reliability
The locations displayed on the map are user-generated. While we use community-driven verification to maintain map quality, we do not guarantee the exact location, existence, or opening hours of any vending machine or store. You are solely responsible for verifying the surroundings and complying with local laws when visiting a spot.
6.3 Content Ownership
You retain ownership of the photos and location descriptions you provide. However, by adding a spot, you grant the community access to this information to maintain the public map.
7. Subscription and Payment
7.1 Subscription Plans
FindMyCigs offers two tiers:
- Free Plan: Access to the map and basic features. Adding new locations is strictly limited to the user's current GPS location and requires a live camera photo.
- Premium Plan: A monthly or yearly subscription that unlocks remote spot creation (add places from anywhere), allows photo uploads from your device gallery, and grants immediate "trusted" status for added spots.
The prices and features of the various subscription plans are displayed in the App and may change from time to time.
7.2 Payment Terms
- Payments are processed via the Apple App Store or Google Play Store platforms, depending on your device, and are subject to their terms and conditions.
- Subscriptions auto-renew unless canceled at least 24 hours before the billing cycle ends.
- Prices include applicable taxes (e.g., VAT).
- Per German law, you may have a 14-day withdrawal right for initial subscriptions. For In-App Purchases, the withdrawal right can be exercised through Apple's refund process at reportaproblem.apple.com or Google.
7.3 Cancellation
You can cancel your subscription at any time. The cancellation becomes effective at the end of the current billing cycle. You retain access to Premium features until the end of the already paid period.
7.4 Refunds
No refunds are provided for unused subscription periods, except where required by law. For In-App Purchases, please contact Apple or Google to request a refund.
8. License to Use the App
We grant you a non-exclusive, non-transferable, revocable license to use FindMyCigs for personal, non-commercial purposes, subject to these Terms.
9. User Content
- You retain ownership of all content you create or upload in the App, including location names, times, and images.
- You grant us a worldwide, royalty-free, non-exclusive license to use, store, display, and process your content as needed to provide the App's mapping services.
- You must not upload illegal, infringing, or harmful content, including but not limited to photos of private property without permission, images containing identifiable people without consent, violence, hate speech, or anything illegal under German law.
- We may remove such content without notice.
10. Intellectual Property
FindMyCigs, including its code, design, logos, and all features, is owned by Jan Hamsch und Kai Hamsch GbR or our licensors. You may not reproduce, modify, or distribute the App without permission.
11. Prohibited Conduct
You may not:
- Use the App for illegal purposes or to promote illegal activities.
- Intentionally create fake, misleading, or non-existent locations on the map (Trolling).
- Abuse the community "Report" system to maliciously remove valid locations.
- Upload photos that are irrelevant to the location (e.g., selfies, inappropriate images).
- Attempt to hack, reverse-engineer, or disrupt the App.
- Misrepresent your identity or misuse another's account.
12. Third-Party Services
FindMyCigs relies on third-party services, including mapping providers (e.g., OpenStreetMap) and database hosting (e.g., Firebase). We are not liable for their performance, inaccuracies in their base maps, or service outages. Third-party terms and privacy policies apply to their use.
13. Privacy
Your data is handled per our Privacy Policy, which complies with GDPR and other applicable laws. To function, the App requires access to your device's location data (GPS) and camera/gallery. Please refer to our Privacy Policy for details on how your data is processed and stored.
14. Updates and Modifications
We may update FindMyCigs or these Terms at any time. Updates will be posted with a revised "Last Updated" date. Continued use of the App after changes constitutes acceptance of the new Terms.
15. Termination
We reserve the right to suspend or terminate your access, ban your device, or delete your account for violating these Terms (especially for intentionally creating fake spots), with or without notice. Upon termination, you lose access to all App features and Premium benefits.
16. Warranty Disclaimers
FindMyCigs is provided "as is" without warranties, express or implied. We do not guarantee the availability, accuracy, or reliability of the App, the map data, or user-generated spots.
17. Limitation of Liability
We are not liable for indirect, incidental, or consequential damages (e.g., data loss, travel expenses to a non-existent location) to the fullest extent permitted by law. Our liability is limited to amounts paid by you in the prior 12 months.
18. Indemnification
You agree to indemnify us against claims arising from your use of FindMyCigs, your uploaded content, or your violation of these Terms.
19. Governing Law
These Terms are governed by German law, excluding conflict of law rules.
20. Dispute Resolution
Disputes shall be resolved in the courts of Freiburg, Germany, unless consumer protection laws dictate otherwise.
21. Force Majeure
We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, server outages).
22. Severability
If any provision of these Terms is invalid, the remaining provisions remain enforceable.
23. Entire Agreement
These Terms, along with the Privacy Policy, constitute the full agreement between you and us.
24. No Waiver
Our failure to enforce any right does not waive that right.
25. Assignment
You may not assign these Terms without our consent. We may assign them freely.
26. Notices
Notices will be sent via email to hello@fade.de or through the App.
27. Contact Us
Jan Hamsch und Kai Hamsch GbR
Schutternstr. 23a, 77974 Kuerzell, Germany
Phone: +49 151 54200511
Email: hello@fade.de
28. Language
These Terms are provided in English. Any translations are for convenience; the English version prevails. By using the App, you confirm that you understand and agree to these Terms in English.