Terms & Conditions
Effective date: January 31, 2019
- The company InPose GmbH i.G. operates a mobile and online content-sharing platform with a focus on fashion under the name InPose. The company and its services (hereafter referred to as InPose) underlie the current legislation of the Austrian law, unless otherwise elected at a later time. Any business conditions that differ from these described Terms & Conditions only become valid contractual agreements if InPose GmbH i.G. explicitly agrees to them in written form.
- InPose consists of a website (https://inpose.app) and mobile apps, which can be downloaded for free from the Google Play Store and the Apple App Store. The services that InPose offers are free of charge for non-commercial users of the app (hereafter referred to as “users”). Businesses may only create accounts if they contact InPose GmbH i.G. under email@example.com and get written permission.
- Individuals can use InPose by registering via a Facebook or Google account. By registering, a user confirms to be at least 17 years old. Users are not allowed to share their account details (e.g. login information) with other people. Each piece of content (e.g. image, comment) must be created personally by the respective user. Only registered and logged in users may create content and interact with others. Currently, certain functions of InPose can be used without registering an account, such as browsing images. By registering a user agrees to these Terms & Conditions.
- Users can upload images and share these and other content (e.g. tags) with others. By uploading/publishing/posting images and other content, users grant InPose GmbH i.G. an irrevocable, worldwide, freely transferrable, royalty-free license to use the images and content for its own purposes. These permissions allow us to acknowledge users and share specific outfits on other channels, such as Facebook, Instagram, our newsletters, etc. Other users may not use images uploaded by other people. Users may not express or upload obscene, pornographic, illegal, discriminating content (e.g. images, comments), as well as content that is harmful to underaged individuals. Spamming behavior is also prohibited.
- InPose GmbH i.G. cannot be held liable for any content on its services. InPose GmbH i.G. may remove any content that does not conform to these Terms & Conditions, and may remove access to its services. InPose GmbH i.G. cannot be held liable for the performance of its services (e.g. technical problems), images shown on the platform (e.g. products from companies), nor for actions performed by others (e.g. hacking). InPose GmbH i.G. merely provides a platform for users to share images and communicate with each other.
- InPose has a game function, referred to as “challenges”. Challenges allow users to upload images including tags to different themes. Tags are pieces of information that can pertain to details of the uploaded image. InPose GmbH i.G. holds no responsibility for the content of tags or other information or content provided by users. Users can see the image and other information provided by other users and can rate images. The duration of a challenge is defined by InPose GmbH i.G. and can be altered at any time.
- Users rate outfits to help determine which outfit is the best in a fashion challenge and thus which user won a fashion challenge. Of outfits that were voted to be the best in a fashion challenge, InPose GmbH i.G. can select which outfit(s) it will pay for. InPose GmbH i.G. holds the right to decide if they will pay for an outfit or pieces of it, how many outfits it will pay for (e.g. 1 or more), which ones it will pay for and how regularly they will pay for one. InPose GmbH i.G. will contact users, whose outfit they want to pay for and the user needs to send a receipt of items in the outfit. InPose GmbH i.G. will only pay for items with a receipt. InPose GmbH i.G. can select which outfits it will pay for without naming any reasons. InPose GmbH i.G. can refrain from paying for an outfit or pieces of it at any time and without naming any reasons. InPose GmbH i.G. requires the written approval of a parent/guardian if the outfit of a minor is selected.
- Users may win a prize at the end of a fashion challenge. Users need to have at least 5 ratings to be eligible to win a challenge. The user with the highest average rating at the end of the challenge wins the prize that is advertised within the specific challenge. The duration of the challenge is shown within each challenge and after a challenge has ended, users can still rate outfits within the challenge. This may cause other users to have a higher average rating at some points in time, however, the winner of the prize is whoever has the highest average rating at the end time on the end date of the challenge.
- On iOS, InPose has a feature called “wishlist”. The wishlist allows users to suggest items from online shops that are supported by InPose to have InPose GmbH i.G. turn them into prizes. Users can browse through the online shops and suggest items sold through the online shops. The items will then appear within the wishlist tab in the app and on wishes.inpose.app. Users can also upvote items that have been suggested by other users. InPose GmbH i.G. holds no responsibility for the content or technical performance of the wishlist or the online shops that the items come from. Items from the wishlist may be turned into prizes by InPose GmbH i.G. once a certain number of users upvoted for the specific item. This number of upvotes can be determined by InPose GmbH i.G. and changed any time. InPose GmbH i.G. reserves the right to choose which items become prizes, can alter the wishlist including its content (e.g. remove items) at any time and without naming any reasons. InPose GmbH i.G. can also remove prizes from challenges and is not bound to any deadlines when sending a prize to a user.
- The winner of the prize needs to contact InPose GmbH i.G. via email to firstname.lastname@example.org. In exceptional cases, InPose GmbH i.G. will reach out to the user via their provided email address regarding the prize that they have won. The winner needs to send a copy of their ID to InPose to verify their age. If the winner is younger than 18 years old, then InPose GmbH i.G. requires the written approval of a parent/guardian, stating that the user may receive the prize. The user needs to send InPose his or her postal address, so InPose GmbH i.G. can send the prize to them. The prize cannot be exchanged for another prize or money, or returned for money. The prize cannot be replaced or refunded. InPose GmbH i.G. cannot be held liable for the condition of the prize when it reaches the recipient (winner), nor can InPose GmbH i.G. be held liable if the prize is not identical to the image of the prize shown (e.g. Photoshop could have been used by the provider of the picture). Users acknowledge that reclamation is completely excluded and that we provide no warranty for the quality, condition or completeness of the prize. InPose GmbH i.G. can refrain from giving a winner a prize without naming any reasons. InPose GmbH i.G. can exclude users from challenges, remove a user’s status as a winner, and change prizes at any time without naming any reasons.
- InPose GmbH i.G. may remove users and their content at any time without naming any reasons.
- Users are responsible for the content they upload and share on InPose. They are also responsible for abiding to laws and regulations (e.g. trademark rules, copyright law).
- Users can contact InPose GmbH i.G. under email@example.com if they have questions regarding these Terms & Conditions, content on InPose, or regarding their membership. Users can have their membership deactivated via email. This will result in the user’s content (e.g. profile page, images, comments) not being visible on InPose. If users request for their membership to be deactivated and then want to register again at a later time, InPose GmbH i.G. cannot guarantee that old content from the user (e.g. images, followers) will be available again.
- InPose GmbH i.G. may amend these Terms & Conditions at any time without giving notice. Users are advised to regularly check this page for the newest version. Austrian laws are applicable and the exclusive place of jurisdiction is the relevant court in Vienna, Austria.