Terms of Use

This English text is a convenience translation. Only the German version of these terms of use is legally binding.

As of: 13 August 2026

These terms of use govern the use of the shiver app and of the associated server services. They are at the same time the end user licence agreement (EULA) that the Apple and Google app stores require for the distribution of the app.

1. Scope and contracting party

1.1 The contracting party and provider of the service is

Zest UG (haftungsbeschränkt)
Stadtplatz 39
84529 Tittmoning
Germany
E-mail: info@offline-events.de
Phone: +49 1512 9786245
Represented by: Justin Brandon Pratt
Register court (Registergericht): Amtsgericht Traunstein
Register number: HRB 35020

Hereinafter "we" or "the provider". Users are hereinafter referred to uniformly as "the user".

1.2 These terms apply to any use of the shiver app (bundle ID or applicationId jetzt.zest.shiver), of the content accessible through it and of the website at https://zest.jetzt.

1.3 Deviating or supplementary terms of the user do not become part of the contract unless we expressly agree to their application in text form.

1.4 Apple and Google are not contracting parties to this contract. They merely provide the distribution platform. Claims under this contract exist exclusively against us. Insofar as the store terms for distribution via the Apple App Store mandatorily provide that Apple, as a third-party beneficiary, is entitled to enforce this end user licence agreement against the user, this applies accordingly.

1.5 For the paid subscription under section 13 the following applies in addition: we provide the service, and the contract for the service exists between the user and us. Sale and payment processing, however, run through the respective store operator, which acts as the seller ("seller of record") in that respect. Refunds and cancellation of the subscription are therefore governed by its terms; see sections 13.6, 13.7 and the withdrawal policy.

2. Description of services

2.1 shiver is a platform for short videos recorded horizontally in a 16:9 aspect ratio. After registering, users can upload their own videos, watch other users' videos, comment on them and mark them with "like", follow other users, exchange direct messages and report content. The service is available for iOS and Android.

2.2 Use of the service is free of charge. The only paid item is the optional shiver Premium subscription under section 13; it always requires a separate, express agreement with the user. Features that already exist will not subsequently be placed behind a paywall. Premium does not lock any content or any existing feature; the additional benefits under section 13.2 are cosmetic (the badge) or concern prompts and the delivery of sponsored clips.

2.3 We do not owe any particular result, in particular no particular reach, no particular number of views, followers or interactions and no inclusion in particular feeds. The order of the content displayed is determined automatically on the basis of recency, popularity and usage signals (in particular playback duration).

2.4 For the duration of the contract we grant the user a simple, non-transferable and non-sublicensable right to install the app on the devices they control and to use it as intended. A right to decompile exists only within the limits of § 69e of the German Copyright Act (UrhG). In particular, renting out, redistribution, circumventing technical protection measures and the automated retrieval of content (scraping) without our prior consent in text form are prohibited.

3. Registration, minimum age, access credentials

3.1 Use requires the creation of a user account. The account can be created either with an e-mail address and a self-chosen password or, on iOS, via "Sign in with Apple". By submitting the registration form, or by completing the sign-in via Apple, the user makes an offer to conclude the usage contract; the contract comes into existence when the account is activated. Which data is transmitted to Apple Inc. in the process and returned from there to us is described in the privacy policy.

3.2 Minimum age: Use of the service is permitted only to persons who have reached the age of 18. Minors may not use the service and may not create an account. The provider expressly does not direct its offering at minors. Because the service comprises user-generated content and a direct messaging feature, it is not intended for minors.

By registering, the user confirms having reached the age of 18. If we become aware of, or if there are concrete indications that, an account is being operated by a minor, we are entitled to temporarily suspend the account pending clarification. If the suspicion is confirmed, we terminate the usage contract and delete the account including the uploaded content in accordance with the Privacy Policy. Statutory retention obligations and any storage necessary for the establishment, exercise or defence of legal claims remain unaffected.

3.3 The user is obliged to provide the information requested during registration truthfully and completely and to update it without undue delay in the event of changes. Using a third party's e-mail address or another person's name to register is not permitted. A pseudonym as a display name is permitted provided that no third-party rights are infringed thereby and no deception as to identity is brought about.

3.4 Access credentials must be kept secret and may neither be passed on to third parties nor used jointly with third parties. As a matter of principle, one account per person is permitted. If there is a suspicion that a third party has obtained knowledge of the access credentials, the password must be changed without undue delay and the incident reported to us.

3.5 The user is liable for actions carried out via their account, unless they are not responsible for the use by third parties.

4. Rights in one's own content

4.1 The rights in uploaded content remain entirely with the user. No transfer of copyright, neighbouring rights or other rights to us takes place.

4.2 The user grants us a simple, non-exclusive, territorially unrestricted, royalty-free right of use in the content they upload (videos, images, audio, texts, comments, profile details). In substance, this right is limited to what is necessary for the operation and presentation of the service, namely to:

• storing, reproducing and backing up the content on our systems and those of our hosting service providers;
• technical processing insofar as it serves delivery (transcoding, adjustment of resolution, bitrate and container, generation of preview images and thumbnails, caching);
• making the content publicly available and communicating it within the app and the interfaces belonging to the service to the group of recipients chosen by the user;
• inclusion in feeds, search results, hashtag overviews and recommendation views of the service;
• making copies for the purpose of legal enforcement, the handling of reports pursuant to section 7 and compliance with statutory obligations.

4.3 We are not granted any right to exploit the content outside the service. This applies in particular to licensing or selling the content to third parties, use in third-party advertising, use as training material for artificial intelligence systems and any other independent commercial exploitation. Use of content to promote the service itself (for example in store screenshots or posts on social networks) takes place exclusively with the user's separate consent, which can be withdrawn at any time with effect for the future.

4.4 Sublicensing is excluded. The sole exception is the passing on of the rights strictly necessary for storage and technical delivery to the hosting, storage and content delivery service providers engaged by us, which process the content exclusively on our behalf and in accordance with our instructions and may not use it for their own purposes.

4.5 The right of use ends when the respective content is deleted by the user, at the latest when the user account is deleted. Beyond that point in time, the following continue to exist:

• copies in technically necessary data backups, until these are automatically overwritten in the course of the usual backup cycle;
• copies that we must retain on the basis of statutory retention or documentation obligations or in order to secure evidence in pending or specifically anticipated proceedings, limited to the extent and duration necessary for that purpose.

4.6 Comments, replies and other interactions by other users that relate to deleted content are removed together with it. We have no access to copies that third parties have made independently of our systems.

5. Warranty of ownership of rights and indemnification

5.1 The user warrants that they hold all rights in the content they upload that are necessary for granting the right of use pursuant to section 4, and that the content is free of third-party rights that conflict with this grant.

5.2 This includes in particular copyright and neighbouring rights in music, film excerpts, graphics and literary works, the rights of performing artists, trade mark rights, the right to one's own image of all recognisably depicted persons (§§ 22, 23 of the German Act on Copyright in Works of Art, KUG) as well as the consents required for the processing of third parties' personal data.

5.3 Where minors are depicted, the consent of the legal guardians is additionally required.

5.4 If a third party asserts claims against us because content posted by the user infringes that party's rights, the user shall indemnify us against such claims and against the necessary costs of an appropriate legal defence, insofar as the user is responsible for the infringement. We will inform the user of the claim without undue delay, give them the opportunity to comment and will not make any acknowledgement without their consent, insofar as this is reasonable for us.

6. Prohibited content and prohibited conduct

6.1 It is prohibited to post, distribute and link to content that violates applicable law or infringes third-party rights. The following are in particular not permitted:

• sexualised depictions of minors in any form, including computer-generated or edited depictions, as well as any initiation of sexual contact with minors (§§ 176 et seq., 184b, 184c of the German Criminal Code, StGB);
• pornographic and other content harmful to the development of minors that is made accessible to minors without an effective access restriction (§§ 4, 5 of the Interstate Treaty on the Protection of Minors in the Media, JMStV);
• depictions of violence and the glorification or trivialisation of violence as well as depictions that violate human dignity (§ 131 StGB);
• incitement to hatred, inciting hatred against persons or groups, the denial or trivialisation of the Holocaust as well as the use of symbols of unconstitutional organisations (§§ 86, 86a, 130 StGB);
• terrorist content, propaganda for terrorist organisations, instructions for serious acts of violence as well as recruiting members or supporters (§§ 89a, 91, 129a, 129b StGB, Regulation (EU) 2021/784);
• insult, defamation, slander, threats, coercion as well as targeted harassment, intimidation or coordinated action against individual persons (§§ 185 et seq., 240, 241 StGB);
• the publication of third parties' personal data without their consent, in particular addresses, telephone numbers, workplaces or whereabouts (doxxing, § 126a StGB);
• recordings that violate the most intimate sphere of life as well as intimate recordings without the consent of the person depicted (§ 201a StGB);
• infringements of copyright, neighbouring rights, trade mark rights or personality rights, including the unauthorised use of third-party music, film excerpts or photographs;
• advertising, spam, chain letters, pyramid and Ponzi schemes, fraudulent offers, phishing as well as the distribution of malware;
• misleading content that is capable of deceiving others, in particular manipulated or synthetically generated recordings of real persons that are not labelled as such;
• offers of and depictions relating to the acquisition of narcotics, weapons and other prohibited items;
• content that instructs in or glorifies self-harm, suicide or eating disorders.

6.2 It is furthermore prohibited:

• to use bots, scripts, crawlers or other automated procedures to create accounts, to generate interactions or to retrieve content on a mass scale;
• to obtain reach by improper means through purchased or artificially generated views, likes, comments or followers;
• to circumvent measures pursuant to section 10, blocks by other users, age restrictions or technical protection measures, in particular by creating a new account after a prohibition of use or after the deletion of the account on account of a breach;
• to interfere with system integrity, to carry out load tests, penetration attempts and the exploitation of security vulnerabilities without our prior consent in text form;
• to use the service for purposes that do not correspond to its intended purpose, in particular as mere file storage.

6.3 We are not obliged to generally monitor content before publication (Art. 8 DSA, § 7 (2) DDG). We reserve the right to review content on a case-by-case basis, for example on the basis of a report, an official notice or an automated suspicion signal.

6.4 Zero tolerance. There is no tolerance for objectionable content and no tolerance for abusive behaviour towards other users. Anyone who posts such content or behaves in such a way is in breach of this agreement; we remove the content and may suspend or delete the account pursuant to section 10. Objectionable content and conduct includes, in particular, the content and conduct listed in sections 6.1 and 6.2, as well as harassment, threats, hate and the denigration of individuals or groups. Every report is reviewed within 24 hours; the details of the procedure are set out in sections 7 to 9. Our Community Guidelines apply in addition.

7. Reporting illegal content (Art. 16 DSA)

7.1 Any person and any entity can report content to us that they consider to be illegal. Reports can be submitted directly in the app via the "Report" function on the respective content or by e-mail to info@offline-events.de. Both channels are easily accessible, user-friendly and allow submission exclusively in electronic form. Reports may be made in German or English.

7.2 A report should contain the following information (Art. 16 (2) DSA):

• a sufficiently substantiated explanation of why the content is said to be illegal;
• the exact electronic location, in particular the link to the video or comment or its identifier in the app;
• the name and e-mail address of the reporting person, except for reports concerning criminal offences under §§ 176 to 178, 181, 184b, 184c StGB; here reports may be made anonymously;
• a statement that the reporting person is convinced in good faith of the accuracy and completeness of their information.

7.3 If an e-mail address has been provided, we confirm receipt of the report without undue delay. We process reports in a timely, diligent, non-arbitrary and objective manner. We inform the reporting person of our decision and of the available remedies without undue delay by e-mail.

7.4 If a report contains sufficient indications to establish illegality without a detailed legal examination, it constitutes obtaining knowledge within the meaning of Art. 6 (1) DSA.

7.5 Where there are indications of a criminal offence giving rise to a threat to the life or safety of persons, we inform the competent law enforcement or judicial authorities (Art. 18 DSA).

8. Statement of reasons (Art. 17 DSA)

8.1 If we restrict the visibility of content, remove it, disable access to it or take a measure against an account, we provide the affected user with a clear and specific statement of reasons at the latest at the time the measure takes effect.

8.2 This statement of reasons contains at least:

• information as to whether the content was removed, disabled, demoted or the account restricted, and the territorial and temporal scope of the measure;
• the facts and circumstances on which the decision is based, including information as to whether it results from a report pursuant to section 7 or from our own investigation;
• information as to whether and to what extent automated means were used;
• where illegality is assumed, the legal basis and the reasons why the content is illegal on that basis;
• in the case of a breach of these terms of use, the contractual basis and the reasons why the content is considered a breach;
• information on the remedies pursuant to section 9.

8.3 The statement of reasons is not provided in the case of large-scale misleading content within the meaning of Art. 17 (4) DSA or where an authority instructs us not to inform the user for the time being.

9. Complaint handling (Art. 20 DSA)

9.1 We are currently a micro enterprise within the meaning of Art. 19 (1) DSA and are therefore exempt from the obligations of Section 3 of Chapter III DSA. Nevertheless, we provide the following complaint procedure voluntarily and apply it bindingly.

9.2 A complaint against a decision pursuant to section 8 as well as against the rejection of a report pursuant to section 7 may be lodged within six months of receipt of the decision. The affected user and the reporting person are entitled to complain. The complaint is to be addressed informally by e-mail to info@offline-events.de and should identify the decision and state the reasons why it is incorrect.

9.3 We examine complaints in a timely, non-discriminatory, diligent and non-arbitrary manner. The examination takes place under the supervision of a natural person and not solely by automated means. If the complaint proves to be justified, we reverse the measure without undue delay. We communicate the decision on the complaint by e-mail together with reasons.

9.4 Irrespective of this, the parties involved are free to turn to an out-of-court dispute settlement body certified under Art. 21 DSA or to take legal action. This does not give rise to any obligation to participate in proceedings before a consumer arbitration board under the VSBG (see section 17.4).

10. Measures in the event of breaches

10.1 In the event of a breach of these terms of use or of applicable law, we may in particular take the following measures:

1. notice or warning;
2. restriction of the visibility of individual content, for example by exclusion from recommendation views;
3. removal of individual content;
4. the temporary prohibition of individual functions (for example upload or comments);
5. the temporary prohibition of the use of the account as a whole;
6. extraordinary termination of the contract and deletion of the account including the associated content.

For the avoidance of doubt: the measures under nos. 1, 4 and 5 are organisational measures. We issue them to the user in text form and enforce them manually by removing the content concerned for the duration of the measure; we do not currently employ a technical block of the account or of individual functions. The only measure enforced technically at account level is the measure under no. 6 (deletion). If a user does not comply with a measure under no. 4 or 5, this constitutes good cause for termination under no. 6.

10.2 When selecting the measure, we take into account the severity and frequency of the breach, the damage resulting from it, the question of whether the breach was intentional, as well as the legitimate interests of the user, in particular freedom of expression, freedom of art and freedom of information. The mildest suitable measure takes precedence in each case. Before the termination and deletion of the account, we give the user the opportunity to comment, unless this is precluded by imminent danger or by the severity of the breach.

10.3 In the case of particularly serious breaches, in particular sexualised depictions of minors, terrorist content or calls for violence against persons, we terminate the contract without notice and without a prior warning and delete the account including the associated content.

10.4 Users who repeatedly post manifestly illegal content receive a warning; if the conduct continues, we terminate the contract and delete the account (Art. 23 (1) DSA). Reports and complaints from persons who repeatedly make manifestly unfounded submissions are, after a prior warning, no longer processed by us for a reasonable period of time (Art. 23 (2) DSA). A technical exclusion from individual functions is not currently available to us; we implement the measures under this section organisationally.

10.5 Further statutory claims, in particular for injunctive relief and damages, remain unaffected.

11. Labelling of commercial communication

11.1 Users who have received or been promised consideration for a piece of content, for example money, discounts, travel, free products or other benefits, must clearly label the content as advertising. This also applies to the promotion of one's own offerings and to affiliate links.

11.2 The labelling must be clearly recognisable, immediately perceptible and in the language of the content, for example by stating "Werbung" (advertising) or "Anzeige" (advertisement) at the beginning of the video description or clearly visible in the video itself. Terms such as "sponsored by", "ad", a mere reference to a brand or a label that only becomes visible after expanding the description are not sufficient.

11.3 This obligation follows from § 6 DDG, § 22 (1) MStV as well as from §§ 5a (4), 3 (3) of the German Act against Unfair Competition (UWG) in conjunction with no. 11 of the Annex to § 3 (3) UWG. Advertising must not obscure the editorial character of a piece of content.

11.4 Insofar as a user regularly distributes journalistic and editorial offerings, they must additionally name a responsible person with name and address pursuant to § 18 (2) MStV.

11.5 Breaches of these labelling obligations primarily affect the user themselves. They entitle us to take measures pursuant to section 10.

12. Availability

12.1 We endeavour to ensure operation that is as free of disruption as possible, but do not owe any particular availability. There is no entitlement to uninterrupted accessibility of the service.

12.2 Restrictions may arise in particular from maintenance work, further development, disruptions at upstream suppliers and network operators, attacks on our systems as well as from events of force majeure. We announce plannable maintenance work in the app in advance where possible and schedule it at times of low demand.

12.3 We may further develop the range of functions of the service, change individual functions and discontinue functions, provided that the purpose of the contract is not thereby jeopardised and the change is reasonable for the user. We announce the complete discontinuation of the service with a notice period of at least three months and provide the user with a means of exporting their content during that period.

12.4 The user is responsible for the internet connection required for use, a suitable device and the data transmission costs incurred.

13. shiver Premium (paid subscription)

13.1 In addition to the free use under section 2.2, we offer shiver Premium, an optional paid subscription. Taking it out is at no point necessary in order to use the service in full.

13.2 Scope of shiver Premium:

1. promoted or sponsored clips are not shown in the feed;
2. the profile receives a Premium badge that is visible to other users;
3. all references to the subscription within the app cease to appear;
4. the contribution funds the operation and moderation of the service.

13.3 Terms and prices: shiver Premium is offered in two variants, with a term of one month at EUR 4.99 per month and with a term of twelve months at EUR 39.99 per year, in each case including statutory value added tax. Other currency areas have their own prices, in the United States, for example, the App Store charges USD 3.99 per month and USD 34.99 per year. Decisive in every case is the price displayed by the respective app store immediately before the purchase is confirmed.

13.4 Conclusion of contract and billing: the subscription is concluded and billed exclusively via the in-app purchase systems of the Apple App Store or Google Play. Payment is charged to the payment method held with the respective store upon confirmation of the purchase. Payment processing and invoicing lie with the store operator; we receive neither payment data nor bank details, only the information that a valid subscription exists for an account (see privacy policy).

13.5 Automatic renewal: the subscription renews automatically at the end of the respective period for the same period at the price then applicable, unless automatic renewal is switched off at the latest 24 hours before the end of the current period. The charge for the renewal is made within 24 hours before the end of the current period.

13.6 Cancellation: the subscription is cancelled and managed in the subscription settings of the Apple Account or the Google Play account. We cannot technically terminate a subscription concluded there. After cancellation, Premium remains active until the end of the period already paid for; there is no pro rata refund for the current period unless mandatory law provides otherwise.

13.7 Right of withdrawal and refunds: consumers have a statutory right of withdrawal; the details, in particular on the early commencement of performance and on the lapse of the right of withdrawal, are governed by the separate withdrawal policy (Widerrufsbelehrung). Since shiver Premium is sold exclusively via the App Store and Google Play, withdrawal and refund requests must be submitted to the respective store operator and are handled under its terms; we cannot technically refund payments processed there. Your statutory rights remain unaffected.

13.8 We or the respective store will notify changes to the price or the scope of a running subscription in good time before they take effect. A price increase only takes effect once the user has agreed to it in accordance with the rules of the respective store; otherwise the subscription ends at the end of the current period.

13.9 If the user contract ends under section 15 or the account is deleted, access to Premium ends with it. A subscription concluded via a store must be cancelled there separately; deleting the account alone does not end it.

14. Liability

14.1 We are liable without limitation for intent and gross negligence.

14.2 In the case of slight negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation). Material obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In such a case, liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded.

14.3 Liability for damage resulting from injury to life, body or health, liability under the German Product Liability Act, liability in the case of fraudulent concealment of a defect and liability arising from a guarantee assumed remain unaffected.

14.4 For the loss of data we are liable, subject to the above provisions, only in the amount of the effort that would have been necessary for restoration in the case of proper and regular data backup by the user. The user is required to keep their own copies of content that is of importance to them; the service is not an archive.

14.5 We are not responsible for content posted by users; it constitutes third-party information within the meaning of § 10 DDG and Art. 6 DSA. Responsibility only arises once we obtain knowledge of the illegality and do not act without undue delay.

14.6 The above provisions do not entail any change in the burden of proof to the detriment of the user. Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees and vicarious agents.

15. Contract term and termination

15.1 The usage contract is concluded for an indefinite period.

15.2 The user may terminate the contract at any time and without stating reasons. To do so, it is sufficient to delete the account in the app under "Settings → Delete account"; alternatively, an informal notification to info@offline-events.de suffices. On the server side, the deletion also covers the associated content, comments, likes, follows and messages in accordance with the privacy policy.

15.3 We may terminate the contract ordinarily with a notice period of 14 days to the end of the month. Termination takes place in text form to the e-mail address on file.

15.4 The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular in the case of serious or repeated breaches under section 6 as well as in the case of intentionally false information about age or identity.

15.5 When the termination takes effect, the right to use the app pursuant to section 2.4 expires; the right of use in the content ends in accordance with section 4.5.

16. Changes to these terms

16.1 We may change these terms of use insofar as this is necessary in order to adapt them to a changed legal situation, supreme court case law, official requirements or to a further development of the service, and insofar as the change does not unreasonably disadvantage the user. The relationship between performance and consideration is not affected by changes under this section.

16.2 We inform users of intended changes at least six weeks before they take effect, in text form by e-mail to the address on file and by a notice in the app. The notification contains the amended provisions, the date on which they take effect and a separate reference to the right to object and to the consequences of remaining silent.

16.3 If the user does not object before the change takes effect, their consent is deemed to have been given. If they object, the contract is continued on the previous terms; in that case we are entitled to terminate the contract ordinarily pursuant to section 15.3. The objection may be made informally by e-mail.

16.4 Sections 16.1 to 16.3 do not apply to the introduction of new, paid services; these always require an express agreement.

17. Final provisions

17.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer with habitual residence in another state, mandatory consumer protection provisions of that state remain unaffected (Art. 6 (2) Rome I Regulation).

17.2 If the user is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. For consumers, the statutory places of jurisdiction apply; their place of jurisdiction at their domicile remains unaffected.

17.3 The user may transfer rights and obligations under this contract to third parties only with our prior consent in text form. Accounts are not transferable.

17.4 The online dispute resolution platform operated by the European Commission ceased operations on 20 July 2025 and is no longer available. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 (1) no. 2 VSBG). Section 9.4 remains unaffected.

17.5 Should a provision of these terms of use be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rule.

17.6 The language of the contract is German. The text of the contract is stored by us; the version of these terms applicable in each case is available at https://zest.jetzt/shiver/nutzungsbedingungen.html and can be printed or saved there.