Terms and Conditions of Use for the ESTIAGO Social Media Platform
1. Scope
These Terms and Conditions apply to the use of the social media platformFamoulee,operated byRamón Enríquez Schäfer("Operator"). By registering and using the platform, the user agrees to these terms in their current version.
2. Subject Matter of the Agreement
ESTIAGO is a digital platform designed to connect family members, enabling them to share content (e.g., photos, texts, documents), preserve memories, and manage profiles of deceased relatives in a respectful and secure environment.
3. Registration and User Account
(1) Use of the platform requires registration with accurate and truthful information.
(2) Users must keep their login credentials confidential and protect them from third-party access.
(3) Multiple accounts per user are not allowed.
4. User Conduct and Community Guidelines
(1) A respectful and non-discriminatory interaction among users is fundamental to ESTIAGO.
(2) The following content is strictly prohibited:
●Hate speech, insults, harassment, discrimination, or defamation
●Any content violating applicable laws, including personality rights, copyright, data protection, or criminal law
●Content that disrespects the dignity of deceased individuals
(3) The Operator reserves the right to delete such content and temporarily or permanently suspend offending users.
5. User Responsibility for Content
(1) Users are solely responsible for all content they upload or share.
(2) By uploading content, users confirm that they hold all necessary rights (e.g., copyright, personality rights, usage rights).
(3) The Operator does not pre-screen content and assumes no liability for user-generated content.
6. Visibility Settings and Content Sharing
(1) Users have control over whom they share their content with, including the ability to limit access to close family members.
(2) The Operator is not responsible for misconfigured visibility settings.
(3)To the extent legally permissible, the Operator disclaims any liability in cases where content is inadvertently made accessible to unauthorized users due to user error.
7. Profiles of Deceased Individuals
(1) Profiles for deceased family members may only be created and maintained by close relatives.
(2) Users are responsible for respecting the post-mortem personality rights and dignity of deceased persons.
8. Usage Models and Subscription Plans
(1) A basic version of ESTIAGO is available free of charge with limited features.
(2) Paid subscription plans are available, offering additional functionality.
(3) Subscriptions renew automatically unless cancelled in accordance with the applicable notice period.
9. License for Uploaded Content
Users grant the Operator a non-exclusive, worldwide, royalty-free license to use the uploaded content solely for the purpose of operating the platform. No commercial use or disclosure to third parties will take place without explicit consent.
10. Data Protection
(1) Personal data is processed in compliance with the General Data Protection Regulation (GDPR) and applicable data protection laws.
(2) Detailed information is available in the Privacy Policy.
11. Limitation of Liability
(1) The Operator is liable without limitation for intent and gross negligence.
(2) For simple negligence, liability is limited to breaches of essential contractual obligations (cardinal duties) and to foreseeable damages typical for the contract.
(3) The Operator shall not be liable for indirect damages, consequential damages, or lost profits.
(3)No liability shall arise from the publication of illegal or unauthorized content by users or from unintended access by third parties due to misconfigured user settings.
12. Termination and Account Deletion
(1) Users may delete their account at any time without giving reasons.
(2) The Operator may terminate or suspend accounts in the event of serious violations of these terms.
(3) Upon termination, user content will be deleted unless legal retention obligations apply.
13. Amendments
(1) The Operator reserves the right to amend these Terms and Conditions.
(2) Users will be notified of any changes. If no objection is raised within 30 days, the amended terms shall be deemed accepted.
14. Governing Law and Jurisdiction
(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If legally permitted, the place of jurisdiction is the registered office of the Operator.
(3) If any provision of these Terms is found to be invalid, the remaining provisions shall remain in effect.