These are the Terms of Service for CityFox. For the Privacy Policy, see /policy.html.
CityFox is a service for viewing city walking routes with descriptions and historical information about points of interest (POIs).
CityFox acts as an individual and group route planner that allows the user to walk through a city while learning its history and discovering new places.
In addition, each user may create routes and POIs, store additional textual information and/or use his photos with a particular route or POI in the CityFox system. The user may use the provided features to present such content to other users and the public.
These Terms of Service apply to all CityFox services described above. The user agrees to these Terms of Service and to the Privacy Policy by registering an account and confirming the corresponding statement during the registration process (see section 4). This applies whether the user uses the services of CityFox directly via the CityFox website or app, or via a third-party service that has integrated CityFox.
The user enters into this agreement for the use of the CityFox services with Roman Krivtsov (trading as CityFox), August-Schanz-Straße 31, 60433 Frankfurt am Main, Germany.
CityFox provides the user with a large part of its services free of charge. Where the user wishes to use a paid service of CityFox, this will be clearly indicated and explicitly confirmed by the user during the purchase process. Prices are listed in the package overview.
User invoices are processed via the relevant app store provider — Apple App Store or Google Play Store — as part of the in-app purchase flow.
To use the app — and in particular to save own routes and other data — registration is required. The following information must be provided (“Mandatory Information”):
The above information, with the exception of the username, is not visible to other visitors, other users of CityFox or third parties.
Optionally, the user can also provide profile data beyond what is strictly required for registration. Depending on the settings chosen by the user, this profile data may be publicly visible to other users.
Each user may register only once and may create only one user profile.
There is no legal right to be registered as a user of the CityFox services. CityFox reserves the right to reject a registration request without giving reasons by means of an appropriate notice to the user.
On successful completion of the initial registration process, the user makes an offer to enter into the agreement to use the CityFox services. CityFox accepts this offer by activating the user's membership.
If the registration process is not completed, CityFox is entitled to delete the incomplete account — including all information provided by the user up to that point — irreversibly.
Right to withdraw. Consumers in the European Union have the right to withdraw from any purchase within fourteen (14) days without giving reasons. The withdrawal period begins on the day the contract is concluded.
How to withdraw. To exercise your right of withdrawal, send us a clear statement (e.g. a letter or email) declaring your decision to withdraw from this contract, addressed to:
Roman Krivtsov, August-Schanz-Straße 31, 60433 Frankfurt am Main, Germany
Email: team@cityfox.io
You may, but do not have to, use the sample withdrawal form below. To meet the deadline it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
App Store purchases. If you purchased services via the Apple App Store or Google Play Store, please state so in your withdrawal notice; refunds for those purchases are processed via the relevant store's refund flow and we will assist you with the details.
Consequences of withdrawal. If you effectively withdraw, we will return all payments received from you no later than 14 days from the day we receive your withdrawal notice, using the same means of payment you used for the original transaction unless expressly agreed otherwise. If you have already received CityFox services in part or in full at your express request before the withdrawal, you must pay us a reasonable amount corresponding to the share of services already provided up to the point of withdrawal.
When the right expires early. The right of withdrawal expires if the contract has been fully performed by both parties at your express request before you have exercised your right of withdrawal.
To Roman Krivtsov, August-Schanz-Straße 31, 60433 Frankfurt am Main, Germany, team@cityfox.io
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
— Ordered on (*) / received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
CityFox has the right at any time to extend, change, reduce or discontinue the CityFox site and/or the solutions offered — in terms of content, design or functionality. The same applies to the services offered by CityFox.
The platform, including, without limitation, the website, the apps and all content and services accessed through or via the website, the apps or otherwise, are provided “as is”, “as available”, and “with all faults”.
Whilst CityFox uses reasonable endeavours to correct any errors or omissions in the platform as soon as practicable once they have been brought to CityFox's attention, CityFox makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the apps, the services or any part or parts thereof, any content, or any linked services or other external services. CityFox does not warrant that your use of the platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the content, or the servers on which the platform operates are or will be free of viruses or other harmful components. CityFox does not warrant that any transmission of content uploaded to the platform will be secure or that any elements of the platform designed to prevent unauthorised access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction.
CityFox and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.
Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
In no event shall CityFox's aggregate liability to you under this agreement exceed the greater of 500 Euro or the amounts (if any) paid by you to CityFox during the previous twelve (12) months for the services giving rise to the claim.
CityFox and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising from:
Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or any loss of profits, or any loss you suffer which is not a foreseeable consequence of CityFox breaching these terms of use. Losses are foreseeable where they could be contemplated by you and CityFox at the time you agree to these terms of use, and therefore do not include any indirect losses, such as loss of opportunity.
Any claim or cause of action arising out of or related to your use of the platform must be notified to CityFox as soon as possible.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and CityFox and are fundamental elements of the bargain between you and CityFox, and that CityFox's liability will be limited to the maximum extent permitted by law.
Nothing in these Terms of Service limits or excludes the liability of CityFox, its subsidiaries, successors, assigns, or their respective employees, agents, directors, officers and/or shareholders: (i) for any death or personal injury caused by its or their negligence, (ii) for any form of fraud or deceit, (iii) for any damages caused wilfully or by gross negligence, or (iv) for any form of liability which cannot be limited or excluded by law.
Certain functions of the CityFox system are limited in scope. This applies, for example, to the number of photos a user may add to a particular route/POI. Limitations of this kind are determined by CityFox at its sole discretion and may be changed at any time.
The information and service CityFox provides becomes more useful and detailed as users add content (in the form of texts, reviews, photos, videos and graphics) to a particular route/POI or to the CityFox system. This content is referred to as “Usage Data” below. Usage Data that is linked to the profile of a registered user is referred to as “Personal Usage Data”.
When a user uploads data to the CityFox system, the user agrees that this data is analysed, processed and stored as follows:
Unless the user has chosen otherwise, the Personal Usage Data is visible either to mere visitors of the CityFox website, to third parties, or to already-registered users of the services of CityFox.
All content (texts, photos, videos) that has been uploaded to the CityFox platform and made available to other users in connection with the user's personal profile can always be removed by the user from the CityFox system at any time, i.e. deleted irreversibly. The provisions in section 16 b) on retention of content beyond the date of termination of the contract remain unaffected.
On the CityFox website at www.cityfox.io, in the “Contact” section, the user can access stored personal data (Mandatory Information per section 4), profile data and Personal Usage Data (per section 10 a)). The user can change his Mandatory Information and profile information at any time in the same section. The user cannot irreversibly delete the above data this way; to achieve full deletion, the user must terminate the contract in accordance with section 18.
The provisions in section 16 b) on retention of content beyond the date of termination of the contract remain unaffected.
The user shall keep access data (Mandatory Information per section 4) confidential and not disclose it to third parties.
The user agrees to use the CityFox platform and services only in the ways described in the package overview. The user undertakes to use CityFox only lawfully, properly and in accordance with these Terms and Conditions, with related terms, policies or guidelines, and for the purposes contemplated by them. The user may not use content and features in any other way than those described in the package overview.
The user is obliged to refrain from harassing anyone with attempts to communicate and to refrain from any sexual form of communication. The user must also refrain from any actions likely to affect the functionality of the CityFox platform or services.
If the user uploads content (mainly, but not exclusively, in the form of texts, photos, videos, and graphics) on a CityFox platform and makes this content available to other users, the user grants CityFox the non-exclusive right to use this content across the complete CityFox platform and technically connected media (in particular the internet and mobile devices) and to make it available to the public and to other users — regardless of the technical connection. This right includes the right of CityFox to edit content posted by a user, in particular to make all necessary technical adjustments (e.g. in terms of the resolution of photos).
The rights granted to CityFox in this section 13 over content uploaded by a user do not expire on the date the contract for the use of the CityFox services is terminated in accordance with section 18, or on the date content is removed by the user himself from the CityFox system. The provisions in section 16 b) on retention of content beyond the date of termination of the contract remain unaffected.
The user warrants that he owns all necessary rights to the content placed by him on the CityFox platform. He hereby agrees to indemnify, defend and hold harmless CityFox, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
CityFox makes content from third parties — such as business listings, images and related information — accessible to users. The user may also access other third-party content made available via CityFox. CityFox accepts no responsibility for the accuracy or completeness of such information provided by third parties. The use of third-party content may be subject to additional terms and conditions that the user can view in each case.
The user is aware that he must carefully decide — based on his personal capability, his equipment and the prevailing weather conditions — whether, and if so, which routes / POIs provided by CityFox to use for his activities. Accordingly, CityFox takes no responsibility or liability that
The user is also aware that some of CityFox's proposed routes / POIs may be subject — for whatever reason — to temporary or prolonged closures (e.g. construction, restoration works, weather, or restrictions imposed by local authorities), or may be located on private property to which the user has no right of access. CityFox accepts no liability for the user entering private territory. It is solely the user's responsibility to pay sufficient attention to local (regulatory) arrangements, on-site signage and warnings about access restrictions and to align his conduct accordingly. We encourage users to treat routes with reasonable judgement and to report problematic locations to CityFox.
The provisions for liability of CityFox in paragraph 8 above remain unaffected by the above provisions of this clause 15.
CityFox electronically processes the information provided by the user for purposes arising from the concluded contract for the services of CityFox. Accordingly, the disclosure of data by CityFox to third parties takes place only in the context of the contract.
By agreeing to these Terms and Conditions, the user consents that:
The user may withdraw consent to the processing of his personal data at any time with effect for the future, by writing to CityFox at the address above or by email to team@cityfox.io.
Should CityFox obtain concrete evidence that a user is acting unlawfully on the platform — in particular by posting content that infringes the rights of third parties, or by otherwise breaching these Terms and Conditions — CityFox is entitled to remove the legally objectionable or offending material from the platform without prior notice, and/or to temporarily suspend the user from the services after giving appropriate notice, pending resolution of the allegations against the user.
CityFox's right of termination under section 18 remains unaffected.
The registered user is entitled at any time to terminate the contract with CityFox without giving reasons and without observing a notice period. To do so, the user can sign in at www.cityfox.io, go to “Profile” and click “Delete account”, then follow the subsequent instructions. Alternatively, the user can send a termination notice to CityFox by mail to the address listed in the Impressum (Roman Krivtsov, August-Schanz-Straße 31, 60433 Frankfurt am Main) or by email to team@cityfox.io.
The duration of the paid services is listed for the user in the current package overview. Unless a minimum period of use is explicitly mentioned in the purchase process, the period of use is not limited. Paid services identified in the purchase process with a minimum period of use first run for the duration of that minimum period; thereafter they renew for the same duration each period unless cancelled by the user or by CityFox. The user can cancel paid services at any time, subject to the technical means provided. Cancellation can be done under “Profile” or in writing by email or letter to CityFox; the written notice must state the username and the email address registered with CityFox. Upon cancellation of paid services by the user, the user continues to use the free services. The right of both parties to terminate for good cause remains unaffected.
CityFox, for its part, may only terminate the contract ordinarily by giving three weeks' notice. The right of CityFox to terminate for good cause with immediate effect remains unaffected. CityFox sends its notice of termination to the email address provided by the user. An important reason for extraordinary termination by CityFox exists, for example, where CityFox becomes aware that the user is using the platform unlawfully or otherwise acting unlawfully — in particular by infringing the rights of third parties.
Upon termination of the agreement, CityFox deletes all personal data of the user. This covers the Mandatory Information (section 4), profile data (section 4) and Personal Usage Data (section 10). If the user has uploaded content in the form of photos, video or graphics to the CityFox platform, this content will also be deleted irreversibly from CityFox.
The above deletion does not apply to content the user has shared on the CityFox platform or externally through functions provided by CityFox (e.g. electronic messages), nor to data made publicly available — although such data is no longer associated with the user's profile information.
The provisions of section 16 b) on retention of personal data and content beyond the date of termination remain unaffected by this section 18.
In the following cases the user's claim for repayment of fees already paid in advance is excluded:
CityFox reserves the right to amend these Terms. For material amendments — that is, changes that affect the user's rights or obligations in a more-than-immaterial way — CityFox will notify the user at least 30 days before the changes take effect, in-app or by email. The notification will summarise the changes and explain the user's right to object. If the user objects to a material change within 30 days of notification, the contract continues under the previous terms but CityFox may terminate the contract with reasonable notice; if the user does not object within that period and continues to use the services after the effective date, the amended Terms apply. Non-material changes (e.g. typo fixes, clarifications, changes that are neutral or beneficial to the user) take effect without prior notice.
Unless otherwise agreed, the user may submit all notices to CityFox by email or by letter. CityFox may send notices to the user by email or letter to the addresses that the user has specified as current contact data in his account.
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected.
Place of performance is the place of business of CityFox.
Jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the place of business of CityFox.
German law applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. This choice of law does not deprive consumers domiciled in another EU member state of the protection afforded to them by mandatory provisions of the law of their habitual residence (Art. 6 Rome I Regulation).