Terms of Service

We (Timo Boyer Webdesign und -entwicklung) have created and provide the Return website (the "Site") to help you run awesome competitions for your YouTube channel in an easy-to-use, convenient way.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.

These Terms govern your access to and use of the products and services we provide through or for returnapp.io (“Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Your agreement is with Timo Boyer Webdesign und -entwicklung. We refer to Timo Boyer Webdesign und -entwicklung as “Return”, “us”, or “we” throughout these Terms.

In order to access the Services, you must grant us read-only access to your YouTube channel information through the YouTube Data API. With the provided access, we will fetch information (such as channel ID, channel name and avatar) of your channel to create an account linked to your YouTube channel in our Services. The information fetched will automatically be kept up to date with YouTube regularly, but an update can also be requested at any time by contacting us via help@returnapp.io.

You’re solely responsible and liable for all activity under your account. We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. You’re also fully responsible for maintaining the security of your account (which includes keeping the password of your YouTube account secure). Don’t share or misuse your access credentials. We also urge you to only log in from devices you trust and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at security@returnapp.io. If we believe your account has been compromised, we may suspend or disable it.

If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

BE AWARE THAT OUR SERVICES ARE CURRENTLY BEING PROVIDED AS A BETA VERSION THAT IS UNDERGOING TRIAL USE TO ENSURE ITS STABILITY, FUNCTIONALITY, BROAD APPLICABILITY, SECURITY, USABILITY, AND FITNESS FOR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE THAT THE BETA VERSION SOFTWARE IS A TEST PRODUCT AND MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE INCONSISTENT PERFORMANCE AND OTHER FAILURES INCLUDING BUT NOT LIMITED TO SYSTEM CRASHES, INTERRUPTIONS AND DATA LOSS. WE ADVISE YOU TO USE CAUTION AND NOT RELY IN ANY WAY ON THE PERFORMANCE AND FUNCTIONING OF THE BETA VERSION SOFTWARE.

You’re not allowed to access or use our Services if you’re under the age of 13. If you register as a user or otherwise use our Services, you represent that you’re at least 13 years old. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for the Content you publish, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access, use, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

Return provides functionality to host and participate in competititons. As a "Competition Owner" you are fully responsible for ensuring that your competition complies with all applicable laws, rules & regulation in the countries for which it is operating. Competition Owners are also responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. Return will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines. Return is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.

As an entrant to a competition you acknowledge these responsibilities of the Competition Owner. You also acknowledge and agree that Return is not responsible or liable for Competition Owners use or distribution of information you provide. For details on how Competition Owners use your personal information please see the competition rules of each competition as well as the terms and privacy policy of each Competition Owner.

Return DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR COMPETITION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.

You acknowledge and agree that Return may use any information you provide consistent with our Privacy Policy and these Terms of Service.

returnapp.io enables you to create beautiful, individual giveaways and we would love for you to use it. We don’t own your content, and you retain all ownership rights you have in the content you post in your giveaway. However, be responsible in what you publish. In particular, make sure that nothing prohibited appears in your giveaway.

If you find a giveaway that you believe violates these Terms, you can use the built-in reporting feature to let us know.

License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your YouTube channel and Return competitions.

Removing content. If you delete Content, we’ll use reasonable efforts to remove it from public view on returnapp.io, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Advertisements. We may display advertisements on your competitions unless you have purchased a plan that includes the removal of ads.

Prohibited Uses. Your Content and conduct must not violate the Giveaway Hosting Guidelines or this Agreement.

Attribution. We may display attribution text or links in your competition, noting that your competition is powered by returnapp.io, for example.

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

Our mission is to provide a great platform for you to host and participate in competitions. We encourage you to enjoy the platform freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and promotional marketing);
• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of Return or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• Will not disclose the personal information of others without their consent;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please notify us by submitting a copyright infringement notice to help@returnapp.io. This notice should contain the name of the copyright holder (yourself or who you represent), the location (URL) of the unauthorized material, a short description of the copyrighted work so that it may be easily identified, and the location of the copyrighted work (where your original material is located, not the offending material).

Alternatively you can also report competitions directly by clicking the options button (3 dots) next to the Join-button of a competition and selecting the "Report giveaway" field.

After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Return or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

The underlying platforms of the Services are either the proprietary property of Return or the proprietary property of our licensors or licensees. The Agreement doesn’t transfer any Return or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Return and you) solely with Return. Return and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Return (or Return’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Return or third-party trademarks.

While using the Services, you may enable or use services, applications, interfaces and other materials provided or manufactured by a third party (“Third-Party Services”). If you use any Third-Party Services, you understand that:

• Third-Party Services aren’t vetted, endorsed, or controlled by Return.
• Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
• Return is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

Return also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Return from any and all liability arising from your use of any Third Party Applications.

Return makes use of third-party services to obtain data made available in the Service, including but not limited to the YouTube Data API. By using the Service, you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services.

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Return policy, or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees or donations previously paid.

You can stop using our Services at any time.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

OUR SERVICES ARE PROVIDED “AS IS.” Return AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Return, NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

EXCEPT TO THE EXTENT ANY APPLICABLE LAW PROVIDES OTHERWISE, THE AGREEMENT AND ANY ACCESS TO OR USE OF OUR SERVICES WILL BE GOVERNED BY THE LAWS OF GERMANY, EXCLUDING ITS CONFLICT OF LAW PROVISIONS. THE PROPER VENUE FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT AND ANY ACCESS TO OR USE OF OUR SERVICES THAT ARE NOT OTHERWISE SUBJECT TO ARBITRATION (AS INDICATED BELOW) WILL BE THE ELIGIBLE COURTS LOCATED IN BERLIN, GERMANY. NOTHING IN THIS AGREEMENT AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON MANDATORY PROVISIONS IN YOUR COUNTRY OF RESIDENCE.

IN NO EVENT WILL Return, OR ITS SUPPLIERS, PARTNERS, OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED 50€ OR THE FEES PAID BY YOU TO Return UNDER THE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, WHICHEVER IS GREATER. Return SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Return isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of 50€ or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

You agree to indemnify and hold harmless Return, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, and any Content that you post.

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Please note that currently the Services were created with the intent to be used by users in Europe. You may use the Services outside of such territories, but bear in mind that Return makes no representations that the Service is appropriate or available for such use.

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Return and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Return may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

These Terms are based on the terms from Wordpress created by Automaticc and were adjusted to our use case. They have made their terms available under a Creative Commons Sharealike license, thanks a lot! To comply with the license and also to stay within the same spirit of sharing and helping each other, these terms are made available under the same license. This means that you're free to copy, adapt, and repurpose them for your own use. Just make sure to revise them so that they fit your own use case and practices and give appropriate attribution.