Terms of Use

Last updated: November 2026 This English version is a translation for your convenience. The German version is legally binding. 1. Provider and scope Nightflare is provided by Dennis Schöpp, Georg-Friedrich-Str. 3, 76131 Karlsruhe, Germany (sole proprietorship, contact see Legal Notice), hereinafter "we". These terms apply to the Nightflare app and its websites. By signing up, you enter into a usage agreement with us under these terms. Terms set by users do not apply. 2. Who can join Nightflare is only for people aged 18 and over. By signing up, you confirm that you are at least 18 years old. You need a Google account, an Apple ID (on iPhone) or an email address (which you must confirm via a link in an email within three days, otherwise the app is locked until you do) and may use only one account per person. You can choose your display name freely, but don't pretend to be someone else. We delete accounts of minors as soon as we learn about them. 3. What Nightflare is and what it is not With Nightflare you tell friends and groups via a flare (a short update with place, message and optional photos) where you are, see places on a map, review them and create events. Nightflare is solely a technical platform through which users make their own plans and share information. We do not organize parties or events, do not operate venues, do not sell tickets, drinks or other services and do not broker contracts. No contract between you and us arises from events, meetups or venues; we are neither an organizer nor an organizer's representative. User content is the users' own content; we do not adopt it as our own and do not review it in advance. Using the app is free of charge. Nightflare is still in development (testing phase). We provide the app as is and cannot promise constant availability, freedom from errors or particular features. We may further develop, change or discontinue individual features of the app. 4. Your content Everything you post in the app (flares, photos, locations, events, reviews, names, profile picture and feedback) remains yours, and you alone are responsible for it. You allow us to store this content and show it to the recipients you choose (for flares the selected friends and group members, for public events and reviews all users). This permission applies as long as the content is in the app and ends when it is deleted. You confirm that you hold the rights to your content and that people shown in it agree. 5. What is not allowed • posting insulting, sexual, violence-glorifying, hateful or otherwise unlawful content (flares, photos, names, profile pictures, events, reviews), • harassing, exposing or threatening others, photographing them without consent or sharing their location, • spreading fake events, fake reviews, spam or advertising, • creating or promoting events or meetups that break the law, for example without required permits, at places without the permission of the person entitled, or with alcohol being provided to minors, • content that sexualizes, abuses or exploits children or teenagers, or contacting minors with sexual intent (see "Child Safety Standards"; we report such cases to the authorities), • offering or brokering drugs, weapons or other prohibited goods or services, • encouraging excessive drinking, drug use or driving under the influence, • circumventing bans, operating accounts automatically or technically disrupting the app. 6. Alcohol, drugs and personal responsibility Nightflare does not encourage the consumption of alcohol or other intoxicants. Whether, what and how much you consume is entirely your decision, at your own responsibility and with all health and legal consequences. Follow the law, house rules and youth protection rules, never drive under the influence of alcohol or drugs, and look out for yourself and others. Nightflare replaces neither a taxi nor common sense. If you meet people you only know from the app, you do so at your own responsibility: meet in busy places and let someone know where you are. 7. Events and meetups Events in Nightflare are created by users, not by us. Whoever creates an event is its organizer and solely responsible for it: for required permits and registrations (for example with the public order office, for music use or serving drinks), the consent of the owner or person holding domestic authority (especially for raves, open airs and private parties), safety duties, security, fire protection, noise and youth protection, capacities and insurance, and for the accuracy of the information. We do not check events in advance and do not guarantee that they take place, are safe or permitted, or happen as described. Attending events and meetups found or arranged through the app is voluntary and at your own responsibility and risk. Claims in connection with an event, for example due to injuries, property damage, theft, admission or cancellations, exist only between the parties involved, in particular against the organizer, not against us. We may hide or delete events at any time. 8. Location, safety and emergencies Nightflare is not an emergency, tracking or security service. Flares, notifications and locations may arrive late, inaccurately or not at all, for example without a network connection, with an empty battery or during outages at Google, Apple or Expo. Therefore never rely on the app to get help or to find someone: in an emergency, call your local emergency number (112 in the EU, in Germany also 110 for the police, 911 in the US and Canada). You decide who sees your location and for how long (recipients, Ghost Mode, visibility on the map). Only share it with people you trust. Information about venues comes from OpenStreetMap and other users; we give no guarantee for its accuracy, opening hours or safety. 9. Reporting, blocking, moderation You can report content and users via "Report" and hide them via "Block". We review reports promptly and may remove content, restrict its visibility, or suspend or terminate accounts if these terms or the law are violated. Only one thing happens automatically: if a public event is reported by 10 different users, it is hidden and the creator is blocked from posting public events (1st time one week, 2nd time one month, 3rd time one year, then permanently). If we remove content or restrict an account, we tell you the reason if we can reach you. You can contest a decision by email, and we will then review it again manually. Where necessary, we pass on indications of possible crimes to the competent authorities. 10. Point of contact Users, authorities and anyone reporting illegal content can reach us at the email address in the Legal Notice (single point of contact under the Digital Services Act). We reply in German or English, usually within 48 hours. 11. Early Supporter You can voluntarily support Nightflare with a one-time purchase via Google Play or the App Store. In return you get an Early Supporter badge (a heart next to your name). It gives no advantages when using the app and does not entitle you to particular features or to the app being operated for a certain period. The badge remains as long as your account exists. Prices and payment are handled by Google Play or Apple's App Store, whose refund and withdrawal rules also apply (in addition to your statutory rights). When you delete your account, the badge expires without refund. 12. Liability (1) We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under a guarantee, for fraudulently concealed defects and under the German Product Liability Act. (2) In the case of slightly negligent breach of essential contractual obligations (obligations whose fulfillment makes using the app possible in the first place and on whose observance you may regularly rely), we are only liable for the typically foreseeable damage. (3) Otherwise our liability is excluded. Unless paragraph 1 or 2 applies, we are in particular not liable for the conduct of other users or third parties; for events, meetups and venues found, created or organized through the app, and for damage occurring while attending them or on the way there; for the consequences of consuming alcohol or drugs; for the accuracy of map data, opening hours, reviews and information from other users; for the timely or any delivery of flares and notifications; and for data loss. (4) As a hosting provider, we are only liable for user content once we are aware of an infringement; we then remove unlawful content promptly. (5) These rules also apply in favor of persons working for us. 13. Indemnification If you culpably violate these terms or the law, for example with your content or an event you created or promoted, you indemnify us against all third-party claims asserted against us as a result, including reasonable costs of legal defense. You support us with the necessary information. 14. Ending your account You can end your account at any time in the app under Profile > Account > "Delete account" or ask us by email. We may terminate the agreement with two weeks' notice, for example if we discontinue the app, and without notice for good cause, for example in case of serious violations. 15. Changes to these terms We may change these terms with effect for the future if there is an objective reason, for example new features or a change in the law. We will inform you about material changes in the app beforehand. If you do not agree, you can delete your account at any time. 16. Final provisions German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of the country in which you have your habitual residence remain unaffected. If any provision is invalid, the rest remain valid. The German version of these terms is legally binding; the English version is a translation.