These Terms of Service govern the use of the iOS app “Trend or Flop - Guess Up or Down!?” (hereinafter the “App”).

The provider of the App is Onur Sitar. The complete contact details can be found at the end of these Terms of Service (Section 22, Contact).

These Terms of Service govern the app-specific conditions for using Trend or Flop and supplement the terms that apply to obtaining and using the App through the Apple App Store.

To the extent no separate end user license agreement (Custom EULA) is provided for Trend or Flop, Apple's Standard End User License Agreement (Standard EULA) applies in addition.

• → Apple Standard EULA / Apple Media Services Terms

Trend or Flop is a quiz and guessing game in which users estimate, in particular, which of two terms or search terms is searched for more frequently.

The App may include various game modes, in particular:

• Trend or Flop,
• Blind Duel, and
• Party.

In Party mode, several people may play in turn on the same device. No separate online multiplayer service is provided for this purpose.

The specific design, selection, and number of game modes, questions, search terms, difficulty levels, and other free content may be adjusted as the App continues to be developed.

Trend or Flop is intended for users aged 13 and above. Users under the age of 13 should not use the App.

Minors may use paid features only with the consent of their parents or legal guardians required under the applicable statutory provisions.

Parents and legal guardians should control minors' access to devices, Apple accounts, and the payment methods stored on them through appropriate settings and protective measures.

Further information for parents and legal guardians is provided in the separate Parent Guide within the App.

The search volumes and comparable values displayed within the App are approximate monthly estimates and form part of the game concept.

They do not represent a guarantee of actual, exact, or up-to-date search figures and are not official data from any particular search engine provider, unless expressly indicated otherwise.

The values displayed serve the game mechanic and may differ from actual search figures.

Search interests and trends may change over time. Likewise, different data sources, calculation methods, and estimation procedures may lead to different results.

No guarantee is therefore given for the continued accuracy, completeness, or currency of the estimated values displayed in the game.

The App is intended for personal, non-commercial use within the scope of its intended gameplay purpose.

Use of the App must comply with applicable law as well as the applicable terms of the Apple App Store.

In particular, the following is not permitted:

• using the App for unlawful or abusive purposes,
• unauthorized reproduction or redistribution of protected components of the App,
• manipulating the App to unlock paid features without authorization,
• circumventing technical protection measures,
• automated retrieval, scraping, or mass extraction of App content,
• using bots, automated scripts, or comparable technical means to manipulate the App,
• unauthorized modification or manipulation of App files,
• decompilation, reverse engineering, or comparable interference, except where permitted by mandatory statutory provisions or applicable license terms.

Mandatory statutory rights as well as rights under applicable open-source or other software licenses remain unaffected.

The free version of the App may contain advertising.

Google AdMob, in particular, is used to provide advertising.

This may include, for example, banner advertisements as well as interstitial or full-screen advertisements.

When tapping an advertisement, the user may leave the App and be redirected to an external offer. This may be, for example, a website, another app, or a page in the Apple App Store.

The terms and privacy information of the respective third-party provider apply to external offers.

Information about the processing of personal data in connection with advertising is provided in the App's separate Privacy Policy.

• → Trend or Flop Privacy Policy

Trend or Flop offers, or may offer, an optional, paid Premium in-app purchase.

Premium is offered as a one-time purchase, not as a subscription.

The specific price and the features included at the time of purchase are displayed within the App or in the Apple App Store before the purchase is completed.

Premium may, in particular:

• permanently remove advertising, and
• unlock additional Premium content or gameplay options.

Payments are processed through the Apple App Store's In-App Purchase system.

The provider does not receive complete credit card, bank account, or other payment data of the user.

Apple's applicable terms and the applicable statutory provisions apply in addition to the authorization and technical processing of the purchase as well as to billing and refunds.

• → Apple Media Services Terms

Mandatory statutory consumer rights remain unaffected.

Paid content may only be purchased by minors with the consent of their parents or legal guardians required under the applicable statutory provisions.

Parents and legal guardians should ensure that minors do not have uncontrolled access to Apple accounts or the payment methods stored on them.

For this purpose, Apple's features for restricting in-app purchases, password requirements, Screen Time, and, where applicable, "Ask to Buy" as part of Family Sharing can be used.

• → Apple – Ask to Buy / Family Sharing

Whether and to what extent a user is responsible for a purchase made by a minor is governed by the applicable statutory provisions and Apple's terms applicable to the respective purchase.

Mandatory statutory consumer rights, in particular rights relating to unauthorized payment transactions, remain unaffected.

The App as well as the content and components created by the provider, in particular program code, design, graphics, text, sounds, animations, user interfaces, and other proprietary design elements, are, to the extent legally protected, protected by copyright or other intellectual property rights.

The corresponding rights belong to the provider or the respective rights holders.

Downloading or using the App does not transfer any ownership, copyright, trademark, or other intellectual property rights to the user.

The user receives only the usage rights arising from the applicable App Store terms, Apple's Standard EULA, these Terms of Service, or mandatory statutory provisions.

Any further reproduction, editing, distribution, public communication, or commercial use of protected content without corresponding authorization is not permitted.

The gameplay concept of Trend or Flop is based on comparing different search terms.

Accordingly, the game may feature, among other things, the names or designations of people, companies, brands, products, services, apps, platforms, places, athletes, artists, media offerings, and other well-known terms as search terms.

The respective trademarks, company designations, names, and other protected designations belong to their respective rights holders.

Their use within Trend or Flop serves to designate and identify the respective search term within the quiz and guessing game concept.

Unless expressly stated otherwise, there is no economic or business connection, partnership, cooperation, endorsement, recommendation, or sponsorship between Trend or Flop or the provider and the persons, companies, brands, or other rights holders named.

The mention of a name or designation does not, in particular, mean that the respective rights holder was involved in the development or publication of the App, or that they support, endorse, or sponsor the App.

The rights of the respective trademark, name, and designation holders remain unaffected.

The App may use software components, frameworks, SDKs, or services from third parties.

These include, or may include, in particular, technologies and services from Apple as well as Google AdMob.

The respective license, privacy, or usage terms of the providers concerned may apply in addition to such components and services.

To the extent open-source software or other licensed software components are used, the respective license terms apply to these components.

Rights granted to users under applicable open-source licenses or other mandatory applicable license terms are not restricted by these Terms of Service.

To the extent a license used requires the provision of certain copyright notices, license texts, attribution, or other information, these are made available in accordance with the respective license requirements.

If a separate overview of the open-source components or third-party licenses used is provided within the App, it can be viewed under the App's legal information.

Trend or Flop may be regularly further developed, improved, and updated.

Updates may be necessary, in particular, to fix bugs, ensure the App's security, ensure compatibility with new iOS versions or Apple devices, update game content, improve features, or implement legal or technical requirements.

Using a current version of the App or of the operating system may be necessary for proper or secure use of the App.

Older versions of the App may not be permanently supported where this is no longer possible or reasonable for technical, security-related, or legal reasons.

The provider may modify and update the App as part of its ongoing development.

This may include, in particular, changes to game modes, the user interface, search terms, estimated search volumes, difficulty levels, sounds, animations, free game content, or technical processes.

There is no entitlement to the permanent, unchanged retention of particular free features, game content, or design elements, except where otherwise provided by law.

For services already purchased for a fee, the user's statutory and contractual rights are taken into account.

Mandatory statutory consumer rights remain unaffected.

The provider strives to ensure reliable availability of the App. However, uninterrupted, error-free availability at all times cannot be guaranteed.

Temporary restrictions may occur, in particular, due to maintenance work, technical problems, changes to iOS, changes to the Apple App Store, or outages or changes to integrated third-party services.

The further development or provision of the App may be restricted or discontinued for good cause.

This may include, in particular, technical reasons, significant security issues, legal or regulatory requirements, licensing reasons, or economic reasons that make further provision or development no longer possible or reasonable.

Where necessary and reasonable under the circumstances, users will be informed of a permanent discontinuation of the App with reasonable advance notice.

Mandatory statutory rights as well as rights and claims relating to services already purchased for a fee remain unaffected.

Statutory warranty rights as well as the mandatory statutory provisions for digital products apply to consumers.

The provider is liable without limitation for damages caused intentionally or through gross negligence.

The provider is likewise liable without limitation for culpably caused damages resulting from injury to life, body, or health, as well as in other cases where liability may not be excluded or limited by law.

In the event of a slightly negligent breach of a material contractual obligation, liability is limited, to the extent legally permissible, to foreseeable damage typical for this type of contract.

Material contractual obligations are those obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the user may regularly rely.

Mandatory claims under product liability law and other statutory liability provisions that cannot be excluded remain unaffected.

No further guarantee is given that the App will function at all times without interruption or technical error, or that it will remain permanently compatible with every future version of iOS or every future Apple device.

Mandatory statutory warranty, liability, and consumer rights are not restricted by these provisions.

The App may incorporate third-party services or enable access to external offers.

This applies in particular to advertisements provided through a third-party provider.

When opening an external offer, the terms of use and privacy policy of the respective third-party provider may apply.

The respective third-party providers are generally responsible for the availability and content of external offers, unless otherwise provided by law.

Information on the processing of personal data in connection with Trend or Flop is provided in the separate Privacy Policy.

It provides, in particular, information on locally stored game and settings data, device and region settings, Google AdMob, consent management, App Tracking Transparency, and in-app purchases.

• → Trend or Flop Privacy Policy

Trend or Flop is made available through the Apple App Store.

Apple's applicable terms additionally apply to the download, installation, licensing, in-app purchases, and use of the App.

To the extent no individual end user license agreement (Custom EULA) is provided for Trend or Flop, Apple's Standard End User License Agreement (Standard EULA) applies in addition.

Apple's Standard EULA governs, in particular, the scope of the software license for apps obtained through the Apple App Store.

• → Apple Standard EULA (Apple Media Services Terms)

The user may stop using Trend or Flop at any time and delete the App from their device.

Since Trend or Flop does not require its own user account for the game, ending normal use does not require cancelling a separate Trend or Flop account.

Rights relating to in-app purchases, refunds, or other transactions already made are governed by the applicable statutory provisions as well as the applicable terms of the Apple App Store.

These Terms of Service may be amended where there is good cause for doing so.

Such cause may exist, in particular, due to changes to the App or its features, new features, changes to technical requirements, changes to third-party services used, or new statutory or regulatory requirements.

Changes will be made accessible to users in an appropriate manner.

To the extent a change requires the user's express consent under applicable law, such consent will be obtained.

Mandatory statutory rights remain unaffected.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory protective provisions of the country in which they have their habitual residence.

The statutory provisions on jurisdiction apply with regard to consumers.

To the extent a choice-of-jurisdiction agreement is legally permissible and the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Hanover, Germany.

The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.

If you have any questions about the App or these Terms of Service: