Terms of Service
for the use of WhatsNext – Action
(www.whatsnext-action.com)
Operated and provided by CombMe UG (haftungsbeschränkt), Germany
Revised Draft: October 17, 2026
Chapter 1 – Interpretation and Definitions
Interpretation
Words with initial capital letters have defined meanings under these Terms. The following definitions have the same meaning whether they appear in the singular or the plural.
Definitions
For the purposes of these Terms and Conditions:
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Application / App / Platform means the software program provided by the Company that you can download and use on any electronic device. For these Terms, this is the “WhatsNext – Action” application, including all mobile versions, the website www.whatsnext-action.com, and all community features (e.g., groups, Actions, open community areas).
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Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which the Application was downloaded.
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Account means a unique user account created for you to access our Service or parts of our Service.
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Company / Operator / Contracting Party (referred to as “the Company,” “we,” “us,” or “our”) means CombMe UG (haftungsbeschränkt), Backesweg 54 A, 63477 Maintal, Germany, a German entrepreneurial company with limited liability (Unternehmergesellschaft (haftungsbeschränkt)). The Company, and not its shareholders, managing directors, founders, employees, or agents in their personal capacity, operates and provides the Service and is the contracting party under these Terms, except where an individual separately and expressly assumes a personal obligation.
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Content means content such as text, images, videos, files, links, or other information that you or other users post, upload, link, or otherwise make available, regardless of format.
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Device means any device that can access the Service, such as a mobile phone, computer, or digital tablet.
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Feedback means feedback, innovations, ideas, or suggestions that you send regarding the features, performance, or characteristics of our Service.
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Service means the WhatsNext – Action application in its entirety, including community features, groups, calendar, public Actions, and private exchange features.
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Terms and Conditions (also “Terms”) means this agreement which constitutes the entire agreement between you and the Company regarding your use of the Service.
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Third-Party Services means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service. This may include app stores, SMS verification providers, hosting providers, external websites, and social networks, as described in our Privacy Policy.
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You / User means the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual accesses or uses the Service.
WhatsNext Extensions (in addition to the above definitions):
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Community Features: Open or closed groups where users can publish content, share Actions, or organize themselves.
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Public Groups: Groups that users may create free of charge and that are discoverable or accessible according to their visibility settings.
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User-to-User Deals: Any arrangements or payments users make between themselves outside the platform. The Company is not a contracting party to such deals.
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Automated Use: Any use of the app by technical means not operated by a human (e.g., scraping, bots, data mining). This is expressly prohibited.
Chapter 2 – Acceptance of the Terms
These Terms govern your use of WhatsNext – Action. CombMe UG (haftungsbeschränkt) is the sole operator, service provider, and contractual counterparty for the Service under these Terms. When you use the Service, any contract governed by these Terms is entered into with the Company, not personally with any shareholder, founder, managing director, employee, or other representative. Those individuals act on behalf of the Company in their corporate roles and do not thereby enter into a personal contract with you. This does not exclude any personal liability imposed by mandatory law or arising from an individual’s own actions. These Terms set out the rights and obligations of users and the Company.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing WhatsNext – Action or using the Service, you agree to be bound by these Terms. If you disagree with any part, you may not use the Service.
You represent that you are at least 18 years old. The Company does not permit individuals under 18 to use the Service.
Our Privacy Policy explains how personal data is processed. Please review it before using the Service. A separate consent will be requested where required by applicable law.
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Community Extension: By using WhatsNext – Action, you acknowledge it is not only an organization app but also an open community platform. Content and interactions of other users may be visible to you. You agree to comply with applicable rules in all community features (groups, Actions, posts).
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Free Public Groups: Creating public groups is free of charge. Any future paid features will be separately described before a purchase.
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No Party to User-to-User Deals: You expressly acknowledge the Company is not a party or intermediary to arrangements, deals, or payments between users. Such arrangements are solely between the users involved.
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International Use: You acknowledge WhatsNext – Action may be used internationally and that national consumer protection laws of your country of residence may apply in addition to these Terms. Disputes involving U.S. users are addressed in Chapter 15; these Terms do not require binding arbitration.
2.1 Phone Number Verification and SMS Authentication (A2P / 2FA)
To ensure the security of user accounts and to verify phone number ownership, WhatsNext uses SMS-based one-time passcodes (OTP) as part of the account registration and login process.
When you initiate a phone-number verification or login that requires a code, you provide your mobile phone number and request a verification code. An automated SMS containing a single-use authentication code is then sent to the provided phone number.
These messages are service-related and are sent in response to a verification request, including when needed to protect account security. They are sent only after a user initiates the verification process within the app.
We do not use these authentication messages for advertising or promotions. We do not use authentication telephone numbers for SMS marketing. We may share them with the SMS delivery provider only to provide authentication messages and as described in our Privacy Policy.
Message and data rates may apply depending on the user’s mobile carrier.
Chapter 3 – User Accounts
When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your Account.
You are responsible for safeguarding your login credentials (including any password, where applicable) that you use to access the Service and for any activities or actions through your Account to the extent attributable to your actions or failure to protect your credentials. You agree not to disclose your login credentials or one-time verification codes to unauthorized persons. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your Account.
You may not use as a username the name of another person or entity or a name or trademark that is not lawfully available for use, any name or trademark subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. We may restrict or terminate accounts that materially violate these rules, subject to applicable legal safeguards.
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Multiple Accounts: Creating multiple accounts to evade rules, manipulate content, or circumvent moderation is prohibited.
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Automated Accounts: Creation or use of accounts by automated systems (e.g., bots, scripts, scraping) is strictly prohibited.
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Community Access: Your Account also provides access to community features (e.g., groups, Actions). Violations of community rules may result in suspension or deletion of your entire Account.
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Abuse Protection: We may impose temporary restrictions when reasonably necessary to address credible risks of fraud, abuse, or illegal activity, subject to applicable procedural rights.
Chapter 4 – Content and Community Rules
4.1 Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you post, including its legality, reliability, and appropriateness.
By posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display and are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the app, who may also use your Content subject to these Terms.
You represent and warrant that:
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the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
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posting your Content on or through the Service does not violate privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
4.2 Content Restrictions
Users are principally responsible for their own Content; legal responsibilities of the Company remain unaffected. You are responsible for Content you publish and for actions attributable to you. Please report suspected unauthorized account access promptly.
Prohibited Content includes, without limitation:
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Content that is illegal or criminal, or that solicits the commission of crimes;
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defamatory, discriminatory, hateful, or obscene content;
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content targeting religion, gender, sexual orientation, ethnic origin, disability, or other protected characteristics;
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spam, machine-generated or random content, unauthorized advertising, chain letters, pyramid schemes, or gambling;
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viruses, malware, trojans, or other software intended to damage devices or data;
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content that infringes intellectual property rights;
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impersonation (posing as another person or organization);
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invasions of privacy;
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false or misleading information.
We may restrict or remove Content that violates these Terms or applicable law, acting proportionately and consistently with any applicable notice-and-action duties.
4.3 Community Rules
Because WhatsNext – Action includes open community functionality, the following conduct rules also apply:
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Respectful Conduct: Users must treat others with respect and may not post content that is insulting, defamatory, or intimidating.
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Reporting System: Any user may report Content or behavior that violates these Terms. We review reports within a reasonable period based on urgency, applicable legal requirements, and available resources; no fixed response time is guaranteed.
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Moderation Right: The Company may format, edit, move, or delete Content that violates rules or is unsuitable for the community.
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Sanctions: Violations may lead to warnings, restrictions, suspensions, or deletion of the Account.
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Open Groups: Content in public groups is visible to all users. You understand that anything you post in these areas can be viewed by others.
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Private Groups: The same rules apply in closed groups.
4.4 Automated Use
It is expressly prohibited to create, upload, or mass distribute Content by means of automated systems (bots, scraping, data mining, scripts). Technical manipulation or circumvention of the app’s security systems is prohibited.
4.5 Reporting, Moderation and Platform Responsibility
WhatsNext – Action allows users to create, upload, publish, and share Content. Users are responsible for ensuring that their Content and conduct comply with applicable law, third-party rights, and these Terms.
The Company does not generally pre-screen or approve all user-generated Content before publication and does not undertake a general obligation to monitor all user activity. This does not affect any obligations that arise under applicable law or when the Company otherwise obtains legally relevant knowledge of unlawful activity.
Users and third parties may report potentially illegal Content, copyright infringement, or violations of these Terms using the in-app reporting function or by contacting contact@whatsnext-action.com. Reports should identify the Content or conduct in question, explain the concern, and provide enough detail for us to locate and assess it. Copyright claims may also be submitted under the specific procedures in Chapter 7.
We review sufficiently detailed reports and take appropriate measures based on the nature and urgency of the issue and applicable legal requirements. Measures may include restricting access to or removing Content, limiting particular features, warning a user, or temporarily or permanently suspending an Account. When applicable law requires expedited action, we will act expeditiously. The Company may also act when it becomes aware of a violation without receiving a user report.
Submitting a report does not automatically require removal of the reported Content. Where required by applicable law, we will provide reasons for moderation decisions and access to available avenues for contesting those decisions. We may take immediate measures where necessary to address serious harm or legal obligations.
Providing reporting and moderation mechanisms does not, by itself, mean the Company endorses or assumes responsibility for user-generated Content. Nothing in these Terms limits any liability or mandatory duties that cannot lawfully be excluded, including obligations under applicable European Union law and the U.S. Digital Millennium Copyright Act.
4.6 Use at Your Own Risk
Because we cannot control all Content posted by users or third parties, you acknowledge that you use the Service at your own risk. You may be exposed to Content that is offensive, indecent, inaccurate, or objectionable. Your use of user-generated Content involves inherent risks. Nothing here excludes responsibility the Company has under applicable law.
Chapter 5 – Fees and Payments
5.1 Free Features
Use of WhatsNext – Action, including the creation of public groups, is currently free of charge. Creating a group does not require a payment to the Company. We do not promise that every feature will remain free forever; any future paid feature will be clearly identified, including its price and material terms, before a user chooses to purchase it. No payment obligation arises merely from continued use of the free Service.
5.2 Third-Party Charges
Your mobile carrier, internet provider, or other independent provider may charge fees for its services. We do not control those charges. If paid features are introduced, applicable payment and refund information will be disclosed at the point of purchase and any mandatory consumer protections will apply.
5.3 User-to-User Arrangements
Users may independently arrange events, shared expenses, participation fees, or other activities. Unless expressly stated otherwise in a separate Company offering, the Company is not the seller, organizer, payment processor, escrow agent, or contracting party for those arrangements. Users must assess the terms, safety, legality, and reliability of their own arrangements. This provision does not exclude any Company responsibility that cannot lawfully be excluded.
5.4 App Stores
Apple App Store and Google Play Store terms may apply to downloading, installing, or updating the App. If paid in-app purchases are offered in the future, additional purchase terms may apply.
5.5 Refunds
There is no Company fee to refund for creating a public group. Any future Company purchases will be subject to the disclosed purchase terms and applicable refund rights. Disputes about independently agreed user-to-user payments generally must be addressed with the counterparty or the payment service used.
5.6 Fraud and Abuse
Fraudulent transactions, scams, deceptive payment requests, and misuse of the Service are prohibited. We may take proportionate action, including restricting accounts and cooperating with lawful investigations.
Chapter 6 – Data Backups
6.1 Regular Backups
We apply technical and organizational measures, including backups where appropriate, to reduce the risk of data loss. However, we do not guarantee that no data will be lost or damaged. Backups may fail, be faulty, or be stored incompletely.
6.2 User Responsibility
We recommend keeping independent copies of important Content where this is practical. We strongly recommend additionally backing up important data, files, and information locally or in other systems.
6.3 No Liability for Data Loss
We do not guarantee that a particular item can always be restored; this does not limit legal rights or liability that cannot lawfully be excluded.
6.4 Restoration Assistance
The Company may, within its capabilities, assist in addressing known or reported backup issues. However, there is no entitlement to full restoration of any Content.
Because WhatsNext – Action includes community functionality, other users’ Content may be important to you (e.g., in groups or Actions).
Please note:
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We technically back up community Content within the Service, but cannot guarantee permanent availability.
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Content in open groups may be deleted at any time by their creators.
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If Content or groups are removed by users, there is no entitlement to restoration.
Chapter 7 – Copyright and DMCA
7.1 Respect for Intellectual Property and User Responsibility
Users must upload or share only Content they own or are lawfully authorized to use. Users, not the Company, select and submit their Content. The Company does not endorse user uploads merely by hosting them. We prohibit infringement, adopt a repeat-infringer policy, and will implement that policy reasonably and in appropriate circumstances. We accommodate standard technical measures as required by 17 U.S.C. §512(i), where applicable.
7.2 Copyright Complaints and Notice-and-Takedown
Copyright owners and authorized representatives may report material believed to infringe copyright to contact@whatsnext-action.com. A DMCA notice intended to satisfy 17 U.S.C. §512(c)(3) should include substantially:
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a physical or electronic signature of the owner or authorized representative;
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identification of the copyrighted work, or a representative list where appropriate;
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identification and a reasonably precise location of the allegedly infringing material so we can find it;
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the sender's name and adequate contact information, including an email address;
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a statement of good-faith belief that the challenged use is not authorized by the owner, the owner's agent, or the law; and
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a statement that the notice is accurate and, under penalty of perjury, that the sender is authorized to act for the owner of the allegedly infringed exclusive right.
We will assess complaints and, when required, act expeditiously to remove or disable access to material after receiving a legally sufficient notice or becoming aware of infringement under the applicable statutory standard. We may request additional information if a notice is incomplete. We may also act on apparent infringement without waiting for a formal notice. We will take reasonable steps to promptly notify the affected uploader of a DMCA removal, as required.
Important operational condition: This contact email is a copyright-complaints inbox. It is not a representation that a DMCA designated agent has already been registered. For the U.S. hosting safe harbor under 17 U.S.C. §512(c), the Company must publish complete designated-agent contact details and register its agent with the U.S. Copyright Office. Until completed, the Company must not claim that the registration or safe-harbor eligibility has been secured.
7.3 DMCA Counter-Notification and Restoration
If Content is removed following a DMCA notice, the affected user may send a counter-notification to the Company's properly designated agent (once registered). To be effective under 17 U.S.C. §512(g), it must substantially include:
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the user's physical or electronic signature;
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identification of the removed material and its location before removal;
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a statement under penalty of perjury that the user has a good-faith belief that removal resulted from mistake or misidentification;
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the user's name, address, and telephone number; and
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the user's consent to jurisdiction of the appropriate U.S. federal district court and to accept service of process from the complaining party or its agent, as specified by §512(g)(3).
Where the statutory counter-notification process applies, we will promptly forward a valid counter-notice to the complaining party and, unless notified of an action seeking a court order to restrain the alleged infringement, restore the material within the period required by 17 U.S.C. §512(g), generally no sooner than 10 and no later than 14 business days after receiving the valid counter-notification. Restoration remains subject to independent lawful moderation grounds.
7.4 Misrepresentations and Good-Faith Measures
Knowingly materially false copyright notices or counter-notices may result in liability under 17 U.S.C. §512(f). To the extent the law provides, good-faith removal or disabling of allegedly infringing Content under the statutory process is protected. No part of this section excuses the Company from obligations imposed by applicable law.
7.5 Repeat-Infringer Policy
We maintain a policy to terminate, in appropriate circumstances, Accounts of repeat copyright infringers. We will evaluate substantiated reports and relevant circumstances, may restrict uploading privileges, and may suspend or terminate repeat-infringing Accounts. Users will be informed of this policy through these Terms. We do not promise that every disputed report automatically proves infringement.
7.6 DMCA Agent Publication
Once a designated agent has been appointed and registered, the Company will publish the agent's current name or department, physical mailing address, telephone number, and email contact on a publicly accessible page and maintain the registration as required. Until those details have been verified, general copyright notices may be sent to contact@whatsnext-action.com without implying formal DMCA registration.
Chapter 8 – Intellectual Property
8.1 Ownership of the Service
The Service and its original content (excluding user-provided Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of Germany and other jurisdictions.
8.2 Protection of Our Marks
Our trademarks, logos, trade dress, and designs may not be used in connection with products or services not originating from us without our prior written consent. In particular, you may not:
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copy or alter our marks or logos;
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use them in domains, profile names, or accounts;
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use them for advertising, marketing, or your own commercial purposes.
8.3 License to User Content
Content you create and upload remains yours. However, by uploading, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:
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store the Content;
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process it technically (e.g., for mobile display or security);
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display it within the app and make it available to other users;
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reproduce it to the extent necessary for the Service to function.
We will not use your Content for commercial purposes outside the app unless you expressly agree.
8.4 User Restrictions
You may not upload or share Content that infringes others’ intellectual property rights, including:
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copyrighted texts, images, videos, or music without permission;
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third-party trademarks, logos, or protected designs;
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business or trade secrets.
Because WhatsNext – Action is an open community platform, the following additional rules apply:
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Public Groups: Content posted in public groups can be viewed by all users. By posting such Content, you expressly consent to its display in public areas.
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Content Deletion: If you delete Content, copies may remain (e.g., in backups or where other users have shared it).
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Rights Assertions: If you report Content that is not yours and we remove it, you represent that you are authorized to do so.
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User Rights: You retain the right to delete your Content at any time or to close your Account.
Chapter 9 – Feedback
9.1 Submitting Feedback
We welcome feedback, suggestions, ideas, or other communications from users regarding features, functionality, or improvements to the Service. Feedback may be submitted via the app, email, or other channels.
9.2 Assignment of Rights
You retain your rights in Feedback where they exist. If such assignment is ineffective for any reason, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
9.3 No Obligation to Implement
The Company is not obligated to implement product suggestions or respond to Feedback and may, in its discretion, include or not include it in future versions.
9.4 No Compensation
You are not entitled to compensation, credit, or remuneration for Feedback or ideas you submit.
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Community Ideas: Ordinary discussions and ideas posted in community areas are treated as user Content, not automatically as product Feedback.
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Open Development: Since WhatsNext is used internationally and community-based, you agree Feedback may be used worldwide without restriction.
Chapter 10 – Third-Party Services and External Links
10.1 Third-Party Integrations
Our Service may contain links to or integrations with third-party websites or services not owned or controlled by the Company, including:
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payment service providers, only if an optional payment feature is introduced;
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app stores (Apple App Store, Google Play Store);
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external websites shared by users in groups or Actions;
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social networks or other platforms that may be embedded via the app.
10.2 No Responsibility for Third Parties
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services and is not liable for:
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the accuracy, availability, or security of third-party services;
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their content or privacy measures;
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damages or losses arising from your use of such services.
10.3 Use at Your Own Risk
You acknowledge and agree that use of external services or links is at your own risk. We strongly recommend reading the terms and privacy policies of all third-party providers before use.
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Payments: Creating public groups does not require payment. If optional paid services are offered later, their providers and conditions will be identified before purchase.
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App Stores: The terms of the respective app stores govern downloads, updates, or in-app purchases.
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External Links in the Community: Content or links shared by users in groups do not originate from the Company; we are not liable for their accuracy or safety.
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Partnerships: If we enter official partnerships with third parties in the future, they will be clearly labeled.
Chapter 11 – Networks and Telecommunications
11.1 Network Dependence
Using WhatsNext – Action requires an active internet connection (Wi-Fi or mobile data). Without a stable connection, the Service may be limited or unavailable.
11.2 Usage Costs
You are responsible for all internet or mobile network charges, including roaming, data, or provider fees. The Company assumes no responsibility for such charges.
11.3 Network Outages
The Company is not liable for disruptions or outages caused by:
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your internet or mobile provider;
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network congestion or infrastructure failures;
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maintenance by network operators or app stores;
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force majeure or technical defects outside our control.
11.4 App Stores
Access to WhatsNext – Action also depends on app store services. The Company has no control over their availability or functionality. We are not liable for app store issues (e.g., download problems, faulty updates).
International Use
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We assume no liability for restrictions caused by country-specific blocks, internet censorship, or export controls.
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Users are responsible for ensuring the app’s use is lawful in their country.
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In the event of government network blocks or regulatory restrictions, the Company does not guarantee usability of the Service.
Chapter 12 – Termination
12.1 Termination by the Company
We may suspend or terminate your Account at any time without prior notice if:
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you breach these Terms;
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you provided false information at registration;
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we detect abuse, fraud, or criminal acts;
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we detect automated use (e.g., bots, scraping);
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you repeatedly violate community rules;
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you engage in fraud, scams, or other harmful misuse of the Service.
12.2 Effects of Termination
Upon termination or suspension, your right to use the Service ceases immediately. We may prohibit re-registration following a serious or repeated violation where reasonably necessary. Retention and deletion following termination are governed by our Privacy Policy, technical requirements, and applicable law.
12.3 Termination by You
You may stop using the Service and request or initiate Account deletion using the controls made available in the App or by contacting us. Upon termination, personal data will be handled in accordance with our Privacy Policy and applicable retention, deletion, and data protection rules.
12.4 Surviving Provisions
The following provisions survive termination, including:
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disclaimers;
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limitations of liability;
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intellectual property;
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indemnification;
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governing law and dispute resolution.
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Upon termination, your Content in groups or Actions may also be removed. In public groups, the Company may delete Content or retain it for traceability.
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Reports of community or legal violations may lead to immediate suspension without prior warning.
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In cases of fraud or serious unlawful misuse, we may restrict accounts and take lawful action.
Chapter 13 – Liability and Disclaimers
13.1 Applicable Legal Standards
Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, breach of mandatory statutory duties, or any other liability that cannot lawfully be excluded. For consumers protected by mandatory German, EU, U.S. state, or other applicable law, those protections remain unaffected.
13.2 Availability and User Content
We aim to provide a functioning Service but do not guarantee uninterrupted, error-free operation. Users independently create and submit Content. User Content reflects the views of its author and is not sponsored, verified, approved, or endorsed by the Company merely because it appears in the Service. To the maximum extent allowed by applicable law, the Company disclaims liability arising solely from independent third-party Content or conduct. This disclaimer does not waive statutory duties to address unlawful or infringing Content, or responsibility for our own actions or omissions. Our handling of copyright notices is described in Chapter 7.
13.3 User-to-User Activities
The Company generally does not organize, supervise, or guarantee meetings, events, exchanges, or financial arrangements between users. Users are responsible for their own decisions and for taking appropriate safety precautions. This does not limit non-excludable rights or responsibility for the Company's own conduct.
13.4 Third Parties
Third-party networks, websites, app stores, and service providers may be unavailable or may operate under separate terms. The Company does not control independent third parties but remains responsible to the extent required by applicable law for its own acts or omissions.
13.5 Events Beyond Reasonable Control
Delays or interruptions caused by events outside our reasonable control may affect availability. This clause does not exclude mandatory consumer remedies or liability that cannot legally be excluded.
13.6 Service Disclaimers
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES NOT EXPRESSLY GIVEN BY THE COMPANY. THIS DOES NOT AFFECT WARRANTIES OR RIGHTS THAT CANNOT BE DISCLAIMED BY LAW.
13.7 Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, ARISING FROM ORDINARY SERVICE DISRUPTIONS OR INDEPENDENT USER ACTIVITIES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED. IN CASES OF ORDINARY NEGLIGENCE INVOLVING A MATERIAL CONTRACTUAL DUTY UNDER APPLICABLE GERMAN LAW, LIABILITY, WHERE LIMITATION IS LEGALLY PERMISSIBLE, IS LIMITED TO LOSSES THAT WERE TYPICAL AND REASONABLY FORESEEABLE AT THE TIME OF CONTRACTING. NO LIMITATION IN THESE TERMS APPLIES TO INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, INJURY TO LIFE, BODY OR HEALTH, FRAUD, OR ANY NON-EXCLUDABLE STATUTORY LIABILITY. CONSUMER RIGHTS UNDER MANDATORY LAWS REMAIN UNAFFECTED.
13.8 Corporate Operator; No Personal Contract or Guarantee
CombMe UG (haftungsbeschränkt), a separate German legal entity, is the operator and the contractual provider of WhatsNext – Action. The Company enters into these Terms in its own name. Its shareholders, founders, managing directors, officers, employees, and other representatives act solely on its behalf when providing or administering the Service and do not, by virtue of those activities alone, become personal parties to these Terms or personally guarantee the Company’s obligations. Contractual claims concerning the provision of the Service under these Terms are directed to the Company as the contractual counterparty, subject to applicable law. Nothing in this clause limits liability for an individual’s own unlawful conduct, separately assumed personal guarantees, mandatory duties of managing directors, or any other liability that cannot be excluded under applicable law.
Chapter 14 – Responsibility for Claims
14.1 Your Responsibilities
For purposes of this Chapter, the contracting operator is CombMe UG (haftungsbeschränkt); references to its directors, officers, employees, and agents concern only the expressly stated protections that are enforceable under applicable law, and do not make them personal providers of the Service.
You are responsible for Content you provide and for your own unlawful conduct. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, and agents from substantiated third-party claims, reasonable legal defense costs, and damages directly resulting from Content you unlawfully upload, your infringement of intellectual property or privacy rights, or your intentional or negligent material breach of these Terms, to the extent those claims are legally attributable to your acts or omissions. This does not impose strict liability on consumers or transfer responsibility for the Company's own conduct.
14.2 Limits on Reimbursement
No indemnification applies for the Company's intentional or negligent wrongdoing, for matters outside your responsibility, or where reimbursement would be barred by mandatory consumer law. We will give reasonably prompt notice of claims and permit you to provide relevant defenses. We may not settle a claim in a manner imposing obligations on you without your consent, except as otherwise legally permitted. Any reimbursement obligation must be reasonable, evidenced, and legally enforceable.
14.3 User-to-User Arrangements
Claims arising solely from independent arrangements between users should be addressed between the relevant parties, unless applicable law establishes responsibility of the Company.
14.4 Community Conduct
You must respect other users' rights and avoid harassment, unlawful conduct, and infringing material. Appropriate moderation and legal remedies may apply to violations.
14.5 International Users
Users must comply with laws applicable to their own conduct. We do not impose a blanket indemnity for every legal requirement in a user's country.
Chapter 15 – Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-laws rules, without depriving consumers of mandatory protections that apply in their country or state of habitual residence.
15.2 Informal Resolution
For questions or disputes, please contact contact@whatsnext-action.com with a description of the issue. We will make reasonable efforts to respond and resolve the issue informally. This process does not prevent you from exercising a statutory right or meeting a legal deadline.
15.3 European Union Consumers
Consumers in the EU retain mandatory consumer rights and legally available courts and remedies. No exclusive German venue is imposed where prohibited by consumer law.
15.4 United States Users
15.4.1 Courts and Arbitration
These Terms do not currently require U.S. consumers to submit disputes to binding arbitration. Disputes may be brought before courts having jurisdiction, subject to applicable procedural and jurisdictional rules. If the Company later proposes arbitration provisions, those provisions will require separate legal review and appropriate notice and acceptance; they will not automatically apply retroactively to existing disputes.
15.4.2 Collective Proceedings
These Terms do not impose a class-action waiver. Rights to pursue or participate in collective or representative proceedings are governed by applicable law and court rules.
15.5 International Use and Export Controls
Users must comply with applicable export control, sanctions, and trade restrictions. The Company may restrict access when legally required or reasonably necessary to comply with binding obligations. Such restrictions will be applied consistently with applicable law.
15.6 Venue in Germany
For commercial parties, merchants, and public-law entities, Hanau, Germany, shall be the agreed venue to the extent permitted by applicable law. This does not alter mandatory jurisdictional rules or consumers' statutory rights. No exclusive venue is imposed on U.S. consumers solely by these Terms.
Chapter 16 – Severability and Waiver
16.1 Severability
If any provision of these Terms is held unenforceable or invalid, such provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16.2 No Implied Waiver
Failure to exercise a right or require performance of an obligation under these Terms shall not effect a waiver of that right. A waiver of any breach shall not constitute a waiver of any subsequent breach.
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Even if we do not act immediately on certain Content or violations, this does not constitute a permanent waiver of our rights.
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All rights granted to the Company by these Terms or applicable law are expressly reserved.
Chapter 17 – Translations
17.1 Availability of Translations
These Terms may be translated into other languages for your convenience. The German version is our reference version, subject to any mandatory legal requirements regarding the language and interpretation of consumer contracts.
17.2 WhatsNext Extension
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An English version of these Terms may be provided for users in the USA or other English-speaking countries.
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In the event of discrepancies between language versions, the **German **version shall be legally binding.
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The English version is intended to communicate the Terms to English-speaking users; no language clause overrides mandatory statutory rights.
Chapter 18 – Changes to the Terms
18.1 Changes
We may update these Terms for legitimate reasons, such as changes to the Service, security, or legal requirements. We will not unilaterally impose material new payment obligations or remove accrued consumer rights merely by editing these Terms.
18.2 Notice
For material changes, we will provide reasonable advance notice, generally at least 30 days where practicable and legally appropriate, unless an urgent security or legal change requires faster action. We will describe the changes and their effective date.
18.3 Notice Channels
Notices may be provided on www.whatsnext-action.com, within the App, or by email to the address associated with your Account.
18.4 Acceptance and Objections
Where legally required, we will request express acceptance of new terms. Where continued use can lawfully indicate acceptance, we will explain that consequence in advance. If you do not agree to applicable updated Terms, you may stop using the Service and delete your Account, subject to applicable rights and obligations.
Chapter 19 – Contact
19.1 Contacting Us
The operator and contracting party for WhatsNext – Action is CombMe UG (haftungsbeschränkt). If you have questions about these Terms, you can contact the Company at any time:
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Email: contact@whatsnext-action.com
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Website: www.whatsnext-action.com
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Mail: CombMe UG (haftungsbeschränkt), Backesweg 54 A, 63477 Maintal, Germany
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For users outside Germany, we may provide additional contact channels (e.g., international support emails).
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Requests relating to community Content, copyright infringement, or payments must include sufficient information for us to process them.
Chapter 20 – User Conduct and Community Guidelines
20.1 General Conduct
Users agree to use the Service lawfully and respectfully. In particular, the following is prohibited:
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insults, harassment, threats, or defamation against other users, moderators, or the Company;
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hate speech, discrimination, or content targeting religion, gender, sexual orientation, ethnic origin, disability, or other protected characteristics;
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publishing content that violates applicable laws (e.g., criminal content, IP infringements, extremist content);
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publishing pornographic, violence-glorifying, harmful-to-minors, or otherwise impermissible content;
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sharing spam, chain letters, fraudulent content, or unauthorized advertising;
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uploading or distributing viruses, malware, trojans, or similar harmful programs.
20.2 Fair Community Interaction
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A respectful and factual tone is mandatory.
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Discussions must remain constructive; personal attacks are prohibited.
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Private information of other users may not be disclosed without consent (“doxxing” is forbidden).
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Manipulating content, ratings, or group functions via multiple accounts or automated systems is prohibited.
20.3 Consequences of Violations
The Company may take the following measures for violations:
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warnings (in-app or by email);
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restrictions on specific features (e.g., groups, posting);
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temporary suspensions of the Account;
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permanent suspension or deletion of the Account;
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removal or editing of Content that violates these rules.
20.4 Reporting System
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Any user or third party may report potentially unlawful Content or prohibited behavior through the in-app reporting function or by emailing contact@whatsnext-action.com.
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We review sufficiently detailed reports and take appropriate measures in accordance with Section 4.5, Chapter 7, and applicable law.
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Knowingly abusive or deliberately false reports may result in appropriate account measures, subject to applicable law.
20.5 Personal Responsibility
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Users are aware they publish all Content they upload or share under their own responsibility.
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Use of community features is always at the user’s own risk.
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Meetings, arrangements, or deals made outside the app are solely at the users’ own responsibility.