Touching Green (the “app”) is provided by:
Jonas PolenzThese Terms of Use govern the relationship between you and us when you create an account and use the app. They apply in addition to Apple's End User License Agreement (EULA), which covers the software licence itself. Where the two conflict, the EULA governs the software licence and these terms govern everything else.
How we handle your data is set out in our Privacy Policy. How we treat each other here is set out in the Community Guidelines, which form part of these terms.
Touching Green sets you a small task every day that gets you outside. You complete a task, photograph it, and an AI service automatically checks whether the photo fits. Completed tasks make your tree grow, keep your streak alive and earn you points in a weekly league. You can connect with friends and send them short, pre-written messages (“nudges”).
We keep developing the app, and we may change, add to or discontinue features. We will announce material restrictions in the app in advance. Your statutory rights in respect of defects in digital products (Sections 327 et seq. of the German Civil Code, BGB), including our obligation to provide updates, remain unaffected.
You must be at least 16 years old to use Touching Green. This is not a formality: from 16 you can validly consent to the processing of your data yourself under Art. 8 GDPR; we do not support parental consent below that age. That is why we ask for your date of birth when you register.
If we learn that an account belongs to a person under 16, we will block it and delete the associated data. Giving a false age entitles us to terminate immediately.
The full rules of conduct are set out in the Community Guidelines. In short: no insulting, discriminatory, hateful, sexual or unlawful content, no harassment, no impersonation, no spam, no advertising, no bots.
It is also expressly prohibited to manipulate the photo check — for example by photographing screens or printed images, submitting someone else's photos or old ones, or operating the app by automated means.
We provide the following information pursuant to Article 14 of Regulation (EU) 2022/2065 (Digital Services Act, DSA). We use the following procedures and tools:
We review reported content and accounts personally, not automatically. We aim to deal with reports within 24 hours.
Inside the app you can report and block other accounts. Independently of that, anyone — including people without an account — can flag content through our reporting form.
Where content or behaviour breaches these terms or applicable law, we may — graduated according to severity — remove the content in question, reset a name, restrict individual features, or suspend the account and terminate the contract.
We will give you a written statement of reasons for any such measure (Art. 17 DSA). The statement sets out the scope and duration of the measure, the facts it is based on, whether automated means were involved, the specific rule we are relying on, and how you can challenge it. You can object to the decision informally by email; the ordinary courts are of course open to you in any event.
We do our best to run the service reliably, but we cannot promise uninterrupted availability. Maintenance, faults in services we rely on, or force majeure can cause outages. If a paid subscription is significantly and persistently impaired, your statutory warranty rights apply.
We may terminate this contract on ordinary notice of 14 days, for instance if we discontinue the app. For good cause — in particular in the case of serious or repeated breaches of Section 5 or of the Community Guidelines — we may terminate without notice and suspend the account. In both cases you will receive a statement of reasons in accordance with Section 7.
If we terminate for a reason you are not responsible for, Apple will on request refund a pro rata share of any subscription fees already paid.
We are liable without limitation for intent and gross negligence, and for injury to life, body or health. In cases of ordinary negligence we are liable only for the breach of a material contractual obligation — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — and then limited in amount to the foreseeable damage typical for this kind of contract. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
We may amend these terms if the app, the services we use, or the legal situation change. We will tell you about material changes at least 30 days in advance, in the app or by email (Art. 14(2) DSA). If you don't agree with a change, you can delete your account at any time; if you keep using the app afterwards, the amended terms apply.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you are habitually resident remain unaffected.
These terms exist in German and in English. The German version is the original; where the two differ, the German wording prevails, unless mandatory law in your country provides otherwise.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.
Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.
General questions and support
jonas.polenz@software-development.net
Report content
Reporting form — usable without an account
Requests from public authorities (Art. 11 DSA)
jonas.polenz@software-development.net ·
Languages: German and English
Provider details
Legal Notice