Ombok
EN
DE
Terms of Service
These Terms of Service (the "Terms") govern your use of the Ombok mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms.
1. The Service
Ombok is an audio-first communication app that lets you exchange end-to-end encrypted voice notes with people you connect with, and participate in voice-based threads ("Waves"). Some features are private and end-to-end encrypted; others (such as public Waves) may be visible to other users of the Service.
2. Eligibility (18+)
You must be at least 18 years old to create an account or use the Service. By registering, you confirm that you meet this age requirement. If we learn that an account belongs to a person under 18, we will close it.
3. Your Account
- You are responsible for the accuracy of the information you provide and for keeping your credentials secure.
- You may only register one account per person unless we expressly permit otherwise.
- You must notify us promptly of any unauthorised use of your account at report@ombok.app.
- We may suspend or close accounts that violate these Terms, applicable law, or that pose a risk to other users.
4. Your Content
You retain all rights to the audio recordings, profile information, and other content you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, and process Your Content solely as needed to operate the Service for you and the recipients you choose. This licence ends when you delete Your Content or your account, except for backups retained for a limited period or where retention is required by law.
You are solely responsible for Your Content and for the consequences of sharing it. We act as a host for user-generated content and are not responsible for its legality, accuracy, or quality. Liability for Your Content rests with the user who created it.
5. End-to-End Encryption
Private messages between users are protected with end-to-end encryption. This means we cannot read the contents of those messages. As a consequence:
- We cannot recover lost messages or restore them to a new device unless your device has cached them locally.
- We cannot proactively moderate the contents of encrypted messages. We act on reports submitted by users (see Community Rules).
- Public content (such as public Waves) is not end-to-end encrypted and may be reviewed by us or made visible to other users.
6. Community Rules & Acceptable Use
You agree not to use the Service to:
- Harass, threaten, stalk, defame, or impersonate another person in a way intended to deceive or mislead others.
- Share content that is illegal, sexually explicit involving minors, violent, hateful, or that incites violence.
- Distribute spam, malware, or content that infringes another person's intellectual property or privacy.
- Attempt to access another user's account, scrape the Service, or interfere with the Service's operation or security.
You can report content or behaviour from inside the app, or by emailing report@ombok.app if you do not have an account. We may remove content, restrict features, or close accounts that violate these rules.
If you believe content on the Service infringes your copyright or other rights, you can report it from inside the app, or by emailing report@ombok.app if you do not have an account. Please include details of the work, the location of the content, and your contact information so we can review and act on valid notices.
7. Service Availability & Changes
We work to keep the Service available, but it is provided on an "as is" and "as available" basis. We may add, modify, or remove features at any time, and we may need to perform maintenance that interrupts the Service. We will give reasonable notice of material changes where we can.
8. Termination
You can stop using the Service and delete your account at any time from inside the app. We may suspend or terminate your access if you breach these Terms, if required by law, or if continuing to provide the Service to you would expose us or other users to risk. On termination, your data will be deleted as described in our Privacy Policy.
9. Disclaimers
To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure.
10. Limitation of Liability
To the extent permitted by applicable law, we are liable only for damages caused intentionally or by gross negligence, and for breach of essential contractual obligations (cardinal duties). Liability for slightly negligent breach of cardinal duties is limited to typical, foreseeable damage. Statutory liability for personal injury and under the German Product Liability Act remains unaffected. Nothing in these Terms limits any rights you have as a consumer that cannot be waived under applicable law. The limitations in this section survive termination of the Terms.
11. Indemnity
You agree to defend and hold us harmless from claims arising out of Your Content or your breach of these Terms, to the extent permitted by law.
12. Changes to These Terms
We may update these Terms from time to time. For material changes, we will give you reasonable advance notice and ask you to accept the updated Terms before they apply to you. If you don't accept, you can delete your account; you won't be bound by changes you haven't accepted.
13. Governing Law & Venue
These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules. Mandatory consumer-protection rights you have under the law of your country of residence apply regardless of this choice of governing law. Where permitted by law, the exclusive place of jurisdiction is the registered seat of the operator.
14. Contact
For contact details, see the Imprint.