End User Licence Agreement (EULA)

1. Subject and Scope

This End User Licence Agreement (EULA) governs the use of the mobile application scoon and the associated web platform at scoon-app.com (together "Software"). itanic GmbH (hereinafter "Licensor") grants the user (hereinafter "Licensee") a non-transferable, non-exclusive licence to use the Software.

This EULA applies in addition to the Terms and Conditions and the Privacy Policy of the Licensor.

2. Scope of Licence

The Licensor grants the Licensee the following rights:

• Installation and use of the scoon app on own devices for personal or business purposes
• Access to the scoon web platform via a browser
• Use of all features according to the chosen subscription tier (Free, Pro, Studio)
• Uploading own content (photos, location information) within the terms of use

3. Licence Restrictions: Technical

The Licensee is expressly prohibited from:

• Decompiling, disassembling or otherwise reverse-engineering the Software
• Decrypting or extracting the source code of the Software
• Copying, modifying or creating derivative works of the Software
• Selling, renting, lending or otherwise transferring the Software or parts of it
• Circumventing security mechanisms, DRM systems or access controls
• Using the Software for automated access, scraping or mass data collection
• Assisting third parties in performing any of the above

3a. Content Standards and Photo Guidelines

scoon is built on a single promise: the best spots, the most beautiful photos, and genuine joy in creative expression, for the whole community. To protect this quality, every user who uploads content agrees to the following standards:

Location Photos

• Cover/primary photo: Must show the location itself: the actual place, scenery or spot. Portraits and people as the primary image are not permitted.
• Additional photos: Further photos attached to an existing location may include people, portraits or atmospheric creative shots, provided the location is recognisable or the creative context is evident.

Originality and Copyright

• No stock photos: All photos must be original images taken personally by the uploading user. Stock photos, AI-generated images, purchased photos or images from photo databases are prohibited.
• Own copyright required: The user must hold all rights to every uploaded image. Third-party artworks, logos, brand elements and protected designs may not be incorporated without written permission.

Legal Requirements

• Right to one's own image: Identifiable persons shown in photos must have given written consent (pursuant to applicable copyright and personality rights law). For minors, a legal guardian must provide written consent.
• Data protection: Photos must not contain personal data (licence plates, identity documents, private addresses) in a way that violates the GDPR or applicable privacy law.
• No unlawful access: Photos taken on locations accessed through trespass, breaking and entering, or unauthorised entry to private or restricted areas are prohibited.
• No unlawful content: Photos may not glorify or depict illegal activities, violence, discrimination, sexual exploitation or other unlawful content.
• Trademarks and brands: Prominent depiction of third-party trademarks or brand elements without consent may violate trademark or competition law and is the user's sole responsibility.

Quality Standard

All submissions are reviewed manually by the scoon team. The Licensor reserves the right to reject any image that does not meet the quality, legal or community standards without providing reasons. Rejection does not entitle the user to compensation.

4. Ownership and Intellectual Property

The Software and all components contained therein, including source code, design, graphics, databases and all other materials, are and remain the exclusive property of itanic GmbH and are protected by Austrian and international copyright law and other intellectual property legislation.

This EULA does not transfer ownership of the Software. The Licensee acquires only the right to use the Software under the terms of this EULA.

User content: Content uploaded by the Licensee (photos, location data, descriptions) remains the property of the Licensee. However, the Licensee grants itanic GmbH a worldwide, non-exclusive, royalty-free licence to use, display and distribute this content for the purpose of providing and improving the service.

5. Subscription, Term and Termination

5.1 Free use: The basic licence is free and unlimited in time. The Licensor reserves the right to adjust the scope of the Free tier at any time.

5.2 Paid subscriptions: Pro and Studio subscriptions are billed monthly or annually. Cancellation is possible at any time at the end of the current billing period.

5.3 Early Bird licences: Users with confirmed Early Bird status receive an irrevocable, lifelong free licence for Pro + Studio for as long as the platform is operated. This licence is personal and non-transferable.

5.4 Early Bird — real identity requirement: Every Early Bird registration must be made with the user's real name and a valid, actively used e-mail address. Registrations using pseudonyms, aliases or disposable e-mail addresses are not permitted and will result in the Early Bird spot being reallocated to the next creator on the waitlist without notice or compensation.

5.5 Early Bird — 7-day activation rule: scoon's mission is to build a high-quality platform with genuinely active creators. Early Bird users must actively open and use the app within 7 days of receiving their personal TestFlight or Google Play Preflight access link. Failure to do so within this period will result in automatic forfeiture of Early Bird status. The spot will be passed to the next eligible creator on the waitlist. This rule ensures that every Early Bird place is held by a creator who is truly committed to contributing to the scoon community.

5.6 Termination by Licensor: The Licensor may terminate the licence immediately for serious violations of this EULA or the Terms and Conditions and block access. For less serious violations, a warning will first be issued.

5.7 Consequences of termination: Upon termination of the licence, the right to use the Software ceases. The Licensee retains their uploaded content, which can be exported on request.

6. Creator Earnings and Payout Conditions

6.1 Participation in the Creator Revenue System requires an active, paid scoon Pro or scoon Studio subscription. An exception applies for confirmed Early Bird users.

6.2 Payouts are made exclusively once a minimum balance of €10 has been reached. Amounts below this threshold are accumulated.

6.3 Upon expiry or cancellation of a paid subscription, payout eligibility ends. Accumulated credit does not expire but will only be paid out after reactivation of a paid subscription.

6.4 The Licensor reserves the right to change the revenue model, the distribution percentage and the calculation basis with 30 days' prior notice.

7. Updates and Changes to the Software

The Licensor may update, modify or expand the Software at any time. Updates may be installed automatically unless the Licensee objects. The Licensor is entitled to add, change or remove features. Significant changes to the functionality of paid tiers will be communicated with at least 14 days' advance notice.

The Licensor expressly reserves the right to change the design, features, pricing and technical architecture of the Software at its own discretion.

8. Availability and Operation

The Licensor aims for the highest possible availability of the Software. However, no right to permanent availability exists. Maintenance, technical disruptions or force majeure may cause temporary interruptions. The Licensor is not liable for damages arising from unavailability of the Software.

9. Disclaimer of Warranties

The Software is provided "as is". The Licensor makes no express or implied warranties regarding fitness for a particular purpose, freedom from errors or uninterrupted availability of the Software.

The Licensor is not liable for damages arising from the use or inability to use the Software, in particular not for lost revenue, data loss or indirect damages, unless gross negligence or intentional conduct is involved.

10. Privacy

The processing of personal data in connection with use of the Software is governed by the Privacy Policy of the Licensor, which forms part of this EULA.

11. Governing Law and Jurisdiction

Austrian law applies, excluding conflict-of-law rules of private international law. The place of jurisdiction for all disputes arising from or in connection with this EULA is Graz, Austria, to the extent permitted by law.

For consumers within the meaning of Austrian consumer protection law, the mandatory consumer protection provisions of the consumer's country of residence apply.

12. Severability and Amendments

If individual provisions of this EULA are or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.

The Licensor reserves the right to update this EULA. Changes will be communicated to users by email. Continued use of the Software after the 30-day objection period constitutes acceptance of the updated EULA.

13. Contact

For questions about this EULA: office@scoon-app.com
itanic GmbH, Parkring 1, 8074 Grambach, Austria