Terms of Service

§ 1 Provider and scope

These Terms of Service (“Terms”) govern the use of the platform S'Up (website https://s-up.social and iOS app, collectively “the Platform”), operated by AUGH UG (haftungsbeschränkt), based in Böblingen, Germany, registered in the commercial register of the Amtsgericht Stuttgart under HRB 806670 (“we” / “us”). The VAT-ID will be added in the Legal Notice once granted.

These Terms apply to all users (private and business accounts) and are a prerequisite for using the Platform. Deviating terms only become part of the contract if we have agreed to them expressly in writing.

§ 2 Contract formation

By confirming your registration, a free usage contract for the basic functions of S'Up is concluded between you and us. Business accounts can additionally book paid premium features (see § 6).

Registration data must be truthful. Each person is allowed only one personal account; business accounts may additionally be created for a represented organization.

You may use S'Up from the age of 16. By registering you confirm that you are at least 16 years old. A business account may only be created by adults who are authorised to represent the organization.

§ 3 Use, content license, and moderation

Our Community Guidelines apply as a binding part of these Terms. They conclusively define what content and behavior is prohibited on the Platform.

There is zero tolerance for objectionable content and abusive users: such content is removed, and the accounts responsible are warned under § 3c or (for serious or repeated violations) permanently banned.

§ 3a License to your content

You retain all rights to content you create or upload on the Platform (posts, comments, photos, event descriptions, profile content). To enable us to technically provide, display, and secure your content for other users, you grant us a non-exclusive, worldwide, royalty-free, and sublicensable license, limited to the operation of the Platform: storage, display, technical adaptation for different devices, caching, backup, moderation, abuse detection. The license expires 30 days after deletion of your content or your account; backups may still exist within this period. Use of your content for advertising purposes outside the Platform is only with your express consent.

§ 3b Moderation tools (DSA Art. 14)

To enforce the Community Guidelines, we use the following tools: automated image detection (PhotoDNA via Microsoft for CSAM detection, Sightengine for nudity / violence / weapons / hate symbols), automated text detection (keyword blacklist + Mistral Moderation API), manual review by our Trust-&-Safety team, and user-driven reports via the in-app button and report@s-up.social.

§ 3c Measures upon violations

Violations of the Community Guidelines lead, proportional to severity and frequency, to one of the following measures:

• Removal of the affected content
• Warning (strike) with reference to the violated rule
• Temporary suspension of individual functions (Mute / Read-Only)
• Permanent account suspension for severe or repeated violations
• Filing charges with the competent authorities for criminally relevant content (e.g., CSAM, incitement, threats)

§ 3d Statement of reasons (DSA Art. 17)

For every measure we take (content removal, visibility reduction, suspension, account closure), you receive a clear and specific statement of reasons, citing the violated Guideline, the measure taken, and your remedies (internal appeal under § 4, out-of-court dispute settlement under DSA Art. 21, lawsuit). Exceptions apply only where a statement would violate applicable law (e.g., ongoing investigations).

§ 4 Reports, Notice-and-Action, and Appeals

Notice-and-Action (DSA Art. 16). Anyone can report allegedly illegal or rule-violating content via the in-app report button or by email to report@s-up.social. We confirm receipt within 24 hours and typically decide within 7 days, for acute danger (e.g., CSAM, threats), immediately.

Internal complaint procedure (DSA Art. 20). If you disagree with one of our moderation decisions, you can file a free appeal within 6 months, by email to support@s-up.social with subject “DSA appeal”. The appeal is decided by a different person than the original decision-maker, within 14 days.

Out-of-court dispute settlement (DSA Art. 21). Additionally, you have the right to bring a dispute about moderation decisions before an out-of-court settlement body certified by the German Federal Network Agency (Bundesnetzagentur) under Art. 21 DSA. A current list is published on the Bundesnetzagentur website.

Trusted Flaggers (DSA Art. 22). Reports from trusted flaggers certified by the Bundesnetzagentur are processed with priority.

§ 5 Block function

Any user may block other users at any time via the in-app function. Blocked persons can no longer contact the blocker, can no longer see their content, and are no longer displayed to the blocker. Blocks can be removed at any time.

§ 6 Paid Business features and ticket intermediation

§ 6a Subscriptions for Business accounts

Business accounts may book extended functions on a paid basis (pricing plans in the Dashboard). The first 30 days are free (trial). If you book a plan during this trial, billing only starts when the trial ends, unless at the time of booking the trial ends in less than 48 hours; in that case billing starts with the booking. Billing is handled by Stripe Payments Europe Ltd., Ireland. The subscription auto-renews for the same period unless you cancel in time.

Plan changes. Each Business account has only one subscription at a time. While it is running, including while a payment is outstanding, you change your plan not by booking again but in the Stripe customer portal (in the Dashboard under Account → Plan → “Manage plan”). There you can switch to a larger plan (upgrade) or to a smaller plan (downgrade), provided the customer portal offers that change. When the change takes effect and how it is billed, for example pro rata for the current billing period or only from the next one, is shown in the customer portal before you confirm; the change is carried out accordingly. From the time the change takes effect, the scope of the new plan applies, in particular its monthly quota of events. Events you have already created in the current calendar month remain and count toward the new plan's quota. If a second subscription is concluded by mistake, for example through two checkouts opened at the same time, we end the additional subscription without delay and refund the payment made for it.

Cancellation (§ 312k BGB). You can cancel your subscription at any time, effective at the end of the current billing period. Cancellation is self-service in the Stripe customer portal, which you open in the Dashboard under Account → Plan → “Manage plan”. In case of auto-renewal, the renewal-cancellation notice period is no more than one month, in line with § 309 No. 9 BGB.

§ 6b Ticket purchases and platform-intermediary role

For ticket purchases via S'Up we act exclusively as a technical platform and limited payment intermediary within the meaning of § 311 BGB. The contracting party for ticket purchases and event participation is the respective organizer. Their identity and refund policy are clearly shown before checkout. Complaints, refunds, and reclamations are directed to the organizer.

Payments are processed by Stripe Payments Europe Ltd. Cancellations for canceled events are technically processed by us on the organizer's instruction; in dispute cases we mediate in good faith but are not obligated to refund payments already disbursed to the organizer.

§ 7 Right of withdrawal for consumers

Consumers have a statutory 14-day right of withdrawal without giving reasons (§§ 312g, 355 BGB) for paid subscriptions.

Early expiration for digital content (§ 356 (4) BGB). For paid Business features, the service begins upon your express consent immediately after payment. If during checkout you expressly consent to immediate execution and confirm your awareness that you thereby lose your withdrawal right, your withdrawal right expires upon full performance of the contract. Without this confirmation, the regular 14-day withdrawal right applies.

Compensation upon withdrawal. If you exercise your withdrawal right after the service has already been partially rendered, we may demand compensation under § 357a BGB, proportional to the contract time already used. Withdrawal can be declared informally by email to support@s-up.social.

§ 8 Privacy and recommender-system transparency

What personal data we process and for what purposes is governed by our Privacy Policy. As part of content moderation, we process content and metadata for compliance with DSA, JuSchG, and StGB. Third-party providers: Sightengine (France) and Mistral (France), each under a data processing agreement pursuant to Art. 28 GDPR, and PhotoDNA (Microsoft, USA). Only a non-reversible hash of the image is sent to Microsoft; PhotoDNA is subject to Microsoft's terms of use.

Recommender system (DSA Art. 27). Our Discover feed sorts events by the following parameters: your city and geographic radius, your interaction history (which events you have saved or attended), recommendations from your friend graph, and general popularity. You can adjust these parameters under Settings → Discover Feed or choose purely chronological sorting.

§ 9 Liability and availability

We strive for the highest possible availability of the Platform, but do not guarantee uninterrupted usability. Maintenance, updates, or technical issues may cause temporary outages.

We are liable without limitation for intent and gross negligence, for injury to life, body, and health, and under the Product Liability Act (ProdHaftG). For slight negligence, we are only liable for the breach of material contractual obligations (cardinal duties); liability is limited to the typical, foreseeable damage at contract conclusion.

For user-generated content (UGC), we are not independently liable as a hosting provider under §§ 7 ff. DDG. We are in particular not obligated to proactively monitor all content (Art. 8 DSA, § 7 (2) DDG). Upon specific notice of unlawful content, we will act without delay in accordance with § 4 of these Terms.

§ 10 Termination and account deletion

You can delete your account at any time yourself (Settings → Delete account). All your data will be removed from our production systems within 30 days; statutory retention periods (e.g., invoices) remain unaffected. You can export your data at any time in machine-readable format (Settings → Export data, Art. 20 GDPR).

We may terminate the contract without notice, in particular:

• upon repeated or severe violations of the Community Guidelines
• upon criminal charges or court-confirmed unlawful content
• upon Platform manipulation (multi-accounts, bot behavior, payment fraud)
• upon non-payment after dunning for paid subscriptions

Before any termination without notice, you will receive, except where excluded for security or law-enforcement reasons, a warning and opportunity to respond. The procedural and statement-of-reasons obligations under § 3d and § 4 apply.

§ 11 Changes to these Terms

We may amend these Terms if necessary due to changes in the legal framework (DSA updates, GDPR clarifications, new case law), addition or removal of essential Platform functions, or to close regulatory gaps. We will inform you of every material change at least 30 days in advance by email and in your account.

The change only takes effect if you actively consent: either by express consent in your account or by continued use of paid functions after the effective date. If you do not consent, you may cancel the contract free of charge effective on the change date. Mere inaction does not constitute consent.

(This clause is BGH-compliant per BGH XI ZR 26/20 of April 27, 2021.)

§ 12 Final provisions

German law applies, excluding the UN Sales Convention. For consumers with habitual residence in another EU state, the mandatory consumer protection of that state remains unaffected. Place of jurisdiction for disputes with entrepreneurs and merchants is Böblingen.

We are not obligated and not willing to participate in dispute settlement before a consumer arbitration body (§ 36 VSBG). Out-of-court dispute settlement regarding moderation decisions is handled separately under Art. 21 DSA (see § 4).

Effective: May 13, 2026 · AUGH UG (haftungsbeschränkt), Böblingen