Terms of Use

These terms govern the use of Barnaby — the app (iOS and Android) and the website barnaby.at. We have deliberately kept them short and in simple language.

1. Contracting party

Your contract is with Felix Klieber, Blumengasse 76, 1170 Vienna, Austria (“we”). Contact: info@barnaby.at, support: support@barnaby.at.

These terms apply to natural persons with a personal account. For the app from the Apple App Store, Apple’s standard end user licence agreement applies in addition; the Barnaby service is governed exclusively by these terms.

2. What Barnaby is

Barnaby is a free service with which you can record and analyse walks with your dog, keep profiles for your dogs — jointly with others, too — and connect with other dog owners. You can see in the app exactly which features are available; the range of features may vary depending on device, operating system, country and app version.

Features that we label as a test (e.g. for early testers) are still in development. They may contain errors and may change or be removed again.

If Barnaby shows offers from third parties (e.g. businesses on the map or links to other websites), these are offers made by those third parties. A contract for them is concluded only with the respective provider.

Please note:

• GPS data, routes and measurements depend on the device and the environment and can be inaccurate.
• Barnaby is not a tracking or safety system. Do not rely on it to find or protect animals or people.
• Health tips are simple estimates and do not replace veterinary advice.
• We provide the service within the bounds of what is technically reasonable. Maintenance and temporary outages are possible.

3. Account

Barnaby is for persons aged 16 and over. Each person may have only one account. The details you provide when you register must be accurate; keep your credentials secret.

Only share codes and links that give others access to your account or your dogs (e.g. a dog’s join code) with people you trust.

The contract is concluded upon completion of registration.

4. Free of charge

Barnaby is free of charge. Our privacy policy (in the app and on barnaby.at) explains how we process personal data. It is information under the GDPR and not part of these terms; these terms also contain no data protection consents.

5. Right of withdrawal

Insofar as you have a right of withdrawal under the Austrian Distance and Off-Premises Transactions Act (FAGG), you may withdraw within 14 days of registration without giving reasons. An informal declaration is sufficient, e.g. an e-mail to info@barnaby.at or deleting your account in the app. You may use the model withdrawal form in the annex for this, but you don’t have to. The right of withdrawal expires early in accordance with § 18 FAGG. Since Barnaby is free of charge, the withdrawal does not cost you anything.

6. Use of the app

We grant you a non-exclusive, non-transferable right to use the app for private purposes. In particular, you may not circumvent technical protection measures or use the service in an automated way outside the app. Your mandatory statutory rights (e.g. §§ 40d, 40e of the Austrian Copyright Act) remain unaffected.

7. Your content

All rights to your content (e.g. photos, texts, routes, profile details) remain with you.

So that we can operate Barnaby, you grant us a non-exclusive, free-of-charge licence to your content. It is limited to storing your content, processing it technically and displaying it in Barnaby to the people who may see it according to your settings. For advertising or our channels (e.g. social media), we use your content only if you have separately consented to the specific use beforehand.

The licence ends when you delete the content or your account. Exempt are comments that remain visible after an account deletion without any link to your person, and residual copies that exist for technical reasons, which we delete in accordance with the privacy policy. Copies that you store or share outside Barnaby yourself are your own responsibility.

You warrant that you are allowed to publish your content and that in doing so you do not infringe any third-party rights (e.g. copyright or the rights of the people shown).

If you send us ideas, suggestions or other feedback, we may use it free of charge to improve Barnaby; this does not give rise to any right to remuneration.

8. Rules of conduct and prohibited content

Barnaby is meant to be a friendly place. There is zero tolerance for objectionable content and abusive behaviour. In particular, the following are prohibited:

• content that is unlawful, insulting, pornographic or discriminatory or that glorifies violence,
• depictions of animal cruelty or calls for it,
• any form of sexual exploitation or endangerment of children and young people, in particular depictions of child sexual abuse, sexualised depictions of minors and grooming — we report such content to the authorities and suspend the account,
• harassment, threats or stalking,
• publishing other people’s personal data or locations without consent (doxxing),
• spam, deception and commercial advertising without our consent,
• posing as another person or organisation, in particular as Barnaby,
• bots, automated access and the mass extraction of data (scraping),
• circumventing blocks, visibility restrictions or protective measures.

9. Reporting, moderation and complaints

Reporting. You can report content and accounts in the app. Without an account, you can report unlawful content by e-mail to info@barnaby.at (point of contact under Articles 11 and 12 DSA). A report needs the exact location of the content, a justification, your name and your e-mail address (for reports about the sexual abuse of children you may omit both) and your confirmation that your details are correct and complete to the best of your knowledge. You can block other accounts at any time.

Review. Reports are reviewed by humans — promptly, carefully, objectively and without arbitrariness. We inform the reporting person of the outcome in the app, with information on how to contest it. We do not pass on any details about the reported person.

Automatic text check. Texts that you publish or enter in profiles (e.g. username, bio, posts, comments) are automatically checked before they are saved for hateful terms and for anyone posing as Barnaby. If there is a match, we do not accept the text and tell you in the app which text is affected, that this was decided automatically and that you can request a review by a human via support@barnaby.at. This check never leads to an account suspension.

Measures. In the event of violations of these terms or in the case of unlawful content, we act in a graduated and proportionate way: notice or warning, removing or restricting content, suspension of a dog profile, temporary or permanent suspension of the account. Decisions about suspensions are made by a human. Anyone affected receives a statement of reasons in the app and by e-mail: the measure and its scope, the trigger, the provision concerned, whether automated means were involved, and the ways to contest it.

Complaint. You can contest a decision by contacting support@barnaby.at within six months; we will then review it again. You can also take the matter to a certified out-of-court dispute settlement body (Art. 21 DSA) or to a court.

10. Termination and suspension

You can end the contract at any time without notice by deleting your account in the app.

We may terminate the contract with reasonable notice.

For good cause, in particular in the event of serious or repeated violations of section 8, we may suspend your account immediately or terminate the contract without notice — with a statement of reasons and the options under section 9. If continuing to operate Barnaby is no longer reasonable for us, for example for legal, technical or economic reasons, we may also discontinue the service without notice.

11. Changes to Barnaby

Barnaby keeps evolving, and in the process we also change the service. The reason is always one of the following:

• new legal or regulatory requirements,
• security and protection against abuse,
• technical developments, such as new versions of operating systems or changes to our providers’ services,
• improvements and new features,
• the further development of our offering, for example when we revise, merge, replace or discontinue features.

This does not cost you anything, and at its core Barnaby remains the service described in section 2.

If a change impairs your access to or use of Barnaby more than only to a minor extent, we will inform you by e-mail in good time beforehand: what will change and when, and that you can end the contract free of charge within 30 days after the change. Regardless of this, you can end the contract at any time (section 10).

12. Changes to these terms

Purely linguistic corrections and changes that are exclusively to your advantage take effect upon publication; we point this out in the app.

All other changes to these terms only take effect if you agree to them. We show them to you beforehand in the app, with a brief summary of the changes. If you do not agree, the previous terms continue to apply to you; we may then terminate the contract in accordance with section 10.

13. Notices

We send you notices about your contract in the app or to the e-mail address you have given in your account. Please keep it up to date.

14. Warranty and liability

Your statutory warranty rights remain unaffected.

In cases of slight negligence we are not liable for damage to property or financial loss. Mandatory statutory liability, e.g. under the Product Liability Act, remains unaffected.

Pay attention to your surroundings and road traffic when using the app, keep control of your dog and do not operate the app while driving a vehicle.

15. Dispute resolution and applicable law

If you have a problem, please contact support@barnaby.at first. We do not participate in dispute resolution proceedings before a consumer dispute resolution body; in the event of a dispute we will tell you which body is competent in accordance with § 19(3) of the Austrian Alternative Dispute Resolution Act (AStG) (e.g. Internet Ombudsstelle, ombudsstelle.at).

Austrian law applies, excluding its conflict-of-law rules. If, as a consumer, you have your habitual residence in another country, you retain the protection of the mandatory consumer protection provisions of that country.

16. Final provisions

If a provision is invalid, the others remain valid. These terms are available in German, English, Spanish and French; the German version is authoritative.

Annex: Model withdrawal form

If you wish to withdraw from the contract, you can fill in this form and send it to us — but you don’t have to (section 5).

To Felix Klieber, Blumengasse 76, 1170 Vienna, Austria, e-mail: info@barnaby.at:

I hereby withdraw from the contract I concluded for the use of Barnaby.

Registered on (date):

Username or e-mail address of the account:

Name of the consumer:

Address of the consumer:

Date:

Signature (only if this notice is submitted on paper):