Terms of use
These Terms govern the use of the Travel Panda app and website (together, Platform or Service). Please read them carefully. By registering, accessing or using the Service, you agree to be bound by the then‑current version of these Terms. The Privacy Policy forms part of these Terms.
1. Acceptance of Terms and Changes
We will announce changes at least 30 days in advance via in‑app notice and, where available, by email. If you do not agree, you may delete your account; continued use after the effective date is not permitted.
2. Access and Use
Travel Panda enables you to upload travel photos with optional captions and share them with the community. Based on metadata embedded in images, such as time, location and device information, content is visualized in a user‑friendly manner. Use is for private, non‑commercial purposes only. We may adapt or extend features as appropriate, while respecting users’ rights.
Users are advised that image metadata may contain sensitive information. We provide features to control the visibility or use of this data.
3. Registration, Eligibility and Account Security
Registration is required for certain features. You must be at least 16 years old. You agree to provide accurate, up‑to‑date information and keep credentials confidential. Creating accounts for others without consent and impersonation are prohibited. Notify us immediately of any unauthorized access to your account.
4. Visibility, Interactions and Settings
Uploads are public by default. We may introduce additional privacy settings and interaction features such as comments, likes or follows. These features are subject to these Terms and any supplementary policies we publish.
Content marked as private is also subject to these Terms of Use. Travel Panda reserves the right to review non-public content if there are specific indications of legal violations, abuse, or threats, or if this is necessary to fulfill statutory obligations.
5. User Content, Rights and Licences
You retain all copyrights and other rights in content you upload. You grant Travel Panda a non‑exclusive, worldwide, royalty‑free and revocable licence to host, store, technically process and display your public content within the Platform, and to reasonably use it to promote the Platform, for example via screenshots on our website, in app‑stores or social media, always in line with your visibility settings. After deletion, the licence ends for future uses; backup copies may persist for a reasonable period without being shared. Other users receive only an in‑app view and share right. Downloading, copying or using content outside the Platform requires your explicit permission. You warrant that you have all necessary rights and do not infringe third‑party rights. You are responsible for your content and will indemnify us for third‑party claims where you are at fault.
6. Content from Travel Panda or Partners
The Platform may contain content provided by Travel Panda or partners protected by intellectual property rights. Subject to these Terms, we grant you a non‑exclusive, non‑transferable and non‑sublicensable licence for private, non‑commercial use. Any other use requires our prior written approval.
7. Rules and Conduct (Examples)
You agree to comply with applicable laws and not to upload unlawful, infringing, discriminatory, pornographic or violence‑glorifying content; not to circumvent technical measures; not to scrape content or overload the Platform; not to distribute malware; and not to impersonate others. These examples are not exhaustive. We may remove content or suspend accounts, especially for severe or repeated violations.
8. Moderation, Notice‑and‑Action and Appeals (DSA)
You can report allegedly illegal content via an in‑app function or by email to info@travel‑panda.com. We will assess reports promptly, take appropriate measures and provide affected users with a Statement of Reasons. An internal appeal mechanism is available. Accounts may be permanently suspended for repeated infringements, for example after three valid notices within twelve months. We cooperate with authorities as legally required and consider recognised notices from trusted entities where applicable.
8a. Copyright Infringement and Takedown Procedure
Travel Panda respects the intellectual property rights of others and expects users to do the same. If you believe that content available on the Platform infringes your copyright or related rights, you may submit a copyright infringement notice to us.
A valid notice should include:
- sufficient information to identify the copyrighted work claimed to have been infringed
- the exact location (URL or in-app reference) of the allegedly infringing content
- your name, address and contact information (email address)
- a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent or the law
- and a statement that the information provided is accurate and, where applicable, that you are the copyright owner or authorised to act on the copyright owner’s behalf
Notices may be submitted via the in-app reporting tools or by email to info@travel-panda.com.
Upon receipt of a valid notice, we will review the report promptly and, where appropriate, remove or disable access to the content in question. We may notify the affected user and provide them with a summary of the reasons for our decision.
In accordance with applicable law, Travel Panda reserves the right to suspend or terminate accounts of users who repeatedly infringe intellectual property rights.
Nothing in this section limits our obligations under the Digital Services Act (Regulation (EU) 2022/2065) or applicable EU copyright law.
8b. Counter-Notification
If you believe that your content was removed or restricted as a result of a mistake or misidentification, you may submit a counter-notification.
A counter-notification should include:
- identification of the content that was removed or disabled and its former location on the Platform
- a statement that you have a good-faith belief that the content was removed or restricted as a result of an error or misidentification
- your name, address and contact information
- and a statement that the information provided is accurate
We will review counter-notifications in a timely manner and may restore the content where appropriate, unless we are legally required to keep the content removed.
9. Travel Panda’s Access to Information
We may access, preserve and disclose information as necessary to comply with law, enforce these Terms and investigate violations, detect, prevent or address fraud, security or technical issues, respond to support requests or protect the rights, property or safety of Travel Panda, users or the public.
10. Third‑Party Sites and Services
Links to external sites, apps or services may be provided. We are not responsible for their content, functions, accuracy, legality or suitability. Accessing third‑party offerings is at your own risk; inclusion of a link does not imply endorsement.
11. Termination, Suspension and Survival
We may terminate or suspend access in whole or in part at any time. We will carry out blocks and terminations in a proportionate manner, taking into account legitimate user interests and applicable law. You may delete your account at any time. Provisions that should survive will do so, including ownership, licences, liability, indemnity and governing law.
We will carry out blocks and terminations as proportionally as possible and taking into account legitimate user interests.
12. Warranty Disclaimer
The Service is provided on an "as is" basis. We do not warrant uninterrupted availability, error‑free operation or fitness for a particular purpose. Content you encounter may be considered inappropriate by some individuals. We are not responsible for the conduct of other users.
13. Indemnification
You agree to defend, indemnify and hold harmless Travel Panda (Travel Boyz GbR), affiliates and their employees, contractors, directors, suppliers and representatives from losses, costs, claims, damages and expenses arising from your use of the Service, your content, breach of these Terms or infringement of rights of others, to the extent you are at fault. We may assume exclusive defence; you will cooperate with us.
14. Liability (German law)
We are liable without limitation for intent and gross negligence and for injury to life, body or health. In cases of slight negligence, liability for breaches of essential contractual duties is limited to typical, foreseeable damages. Liability under the Product Liability Act remains unaffected.
15. Governing Law, Jurisdiction and Consumer Rights
German law applies, excluding conflict‑of‑law rules. Mandatory consumer protection laws of your habitual residence remain unaffected. Disputes are subject to the jurisdiction of German courts.
16. Integration, Severability and Assignment
These Terms constitute the entire agreement and supersede prior arrangements. If any provision is unenforceable, the remainder remains in effect and the provision shall be limited to the minimum necessary. You may not assign rights without our written consent; we may assign, transfer or delegate our rights and obligations.
17. Force Majeure, Relationship of Parties and Notices
Causes beyond our control may affect performance, such as power, network or infrastructure failures. No employment, partnership, joint venture or agency relationship is created. Notices will be in writing, for example by email.
18. Contact and Provider Identification
Support and legal inquiries: info@travel-panda.com. Provider identification under DDG § 5 is shown on the cover page.
