1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Quouch (“Company,” “we,” “us,” or “our”) concerning your access to and use of the quouch-app.com website and any related media, mobile application, or other service (collectively, the “Site”). We are registered in Germany with our office at Lohmühlenstraße 65, 12435 Berlin.
By accessing or using the Site, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must discontinue use immediately.
We may revise these Terms from time to time. The “Last updated” date above will reflect the latest version. Your continued use of the Site after any revision constitutes acceptance of the updated Terms.
The Site is not directed to minors. You must be at least 18 years old to use or register for Quouch.
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2. Intellectual Property Rights
Unless otherwise stated, all source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and all trademarks, logos, and service marks (“Marks”) are owned or licensed by us and protected by applicable copyright, trademark, and unfair-competition laws. You may access the Site and its Content for personal, non-commercial use only. All other rights are reserved.
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3. User Representations
By using the Site, you warrant that:
1. You have legal capacity and agree to comply with these Terms. 2. You are not a minor under your local jurisdiction. 3. You will not use automated or non-human means (bot, script, etc.). 4. You will not use the Site for unlawful purposes. 5. Your use complies with all applicable laws.
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4. Prohibited Activities
You agree not to misuse the Site or interfere with its security, functionality, or community. Prohibited behavior includes (but is not limited to) scraping data, uploading malware, impersonation, harassment, commercial solicitation, or using the Site to compete with us.
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5. User-Generated Contributions
You may post or upload content (“Contributions”) such as text, images, or comments. By doing so, you warrant that:
- You own or have permission to share the content.
- It does not infringe others’ rights or violate laws.
- It is not obscene, defamatory, hateful, or discriminatory.
You remain the owner of your Contributions but grant Quouch a non-exclusive, royalty-free license to display and reproduce them for community or promotional purposes connected with Quouch. We will never sell or commercially exploit your content without consent. We may remove content that breaches these Terms.
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6. Mobile Application License
You receive a limited, non-transferable license to install and use the Quouch mobile app on your personal device in accordance with these Terms and the usage rules of the relevant app store. All other rights remain with Quouch.
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7. Submissions
Feedback, ideas, or suggestions you send us (“Submissions”) may be used freely to improve Quouch without obligation or compensation. You waive any moral rights over such Submissions.
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8. Third-Party Websites and Content
Links to third-party websites or services may appear on the Site. We are not responsible for external content, privacy policies, or transactions made on third-party sites.
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9. Prohibition of Commercial Promotion
Quouch is a non-commercial hospitality and community platform. Promoting paid accommodation or linking to rental services (e.g., Airbnb or similar) is strictly prohibited. Repeated violations may result in account removal.
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10. Site Management
We reserve the right to monitor and moderate the Site, remove harmful content, restrict access, or suspend accounts that violate these Terms or applicable law.
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11. Privacy Policy
We care about your privacy. Our processing of personal data complies with the EU General Data Protection Regulation (GDPR). Please review our Privacy Policy to understand how we collect, use, and protect information. The Site and app are operated from Germany; by using them you consent to processing under German and EU law.
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12. Copyright Infringements
If you believe content on the Site infringes your copyright, contact us at hello@quouch-app.com with full details. We will review and act in accordance with applicable law.
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13. Term and Termination
We may suspend or terminate access to the Site at any time for breach of these Terms or other legitimate reasons. Termination does not affect any rights or obligations accrued prior to termination.
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14. Modifications and Interruptions
We may modify, suspend, or discontinue any part of the Site at our discretion. We are not liable for downtime or service interruptions.
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15. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany. If you are an EU consumer, you also enjoy the protection of your country’s mandatory consumer laws. Disputes may be brought before the competent courts of Berlin (Germany) or, for consumers, the courts of your habitual residence in the EU.
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16. Dispute Resolution
We aim to resolve concerns amicably. Before taking legal action, please contact us at hello@quouch-app.com. Nothing in this clause limits your statutory rights to access courts or alternative dispute-resolution bodies.
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17. Corrections
Information on the Site may contain errors or omissions. We reserve the right to correct or update any content without notice.
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18. Disclaimer
The Site is provided “as is” and “as available.” We make no warranties of any kind regarding accuracy, reliability, or fitness for a particular purpose. You use the Site at your own risk.
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19. Limitations of Liability
To the fullest extent permitted by law, Quouch and its employees shall not be liable for indirect or consequential damages such as loss of profit or data arising from use of the Site.
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20. Indemnification
You agree to indemnify and hold harmless Quouch and its affiliates from any claim arising from your breach of these Terms or misuse of the Site.
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21. User Data
We maintain operational data as necessary to run our services. Although we perform regular backups, you are responsible for your own data. We are not liable for loss or corruption of user data except in cases of gross negligence or willful misconduct.
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22. Electronic Communications and Signatures
By using Quouch, you consent to receive electronic communications and agree that such communications satisfy legal requirements for written form.
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23. Membership
Your Quouch membership renews automatically until cancelled. To use Quouch, you need Internet access and a valid payment method. Membership plans, pricing, and terms are displayed at checkout and may vary by region. You can cancel at any time with one month’s notice to the end of your current billing period.
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24. Billing and Cancellation
Membership fees and applicable taxes are charged to your selected payment method at the start of each billing cycle. If payment fails, access may be suspended until valid payment is provided.
Cancellation
You may cancel anytime via your account or by contacting hello@quouch-app.com. Your membership remains active until the end of the current paid period.
Changes to Price and Plans
We may adjust pricing or plans with prior notice. Continued use after notice constitutes acceptance of the new terms.
Refund Guarantee for First Stay
To qualify for the First Stay Refund Guarantee, users must:
- Have an active paid Quouch membership
- Send at least 5 stay requests for their first stay attempt
- Allow hosts up to 48 hours to respond
- Request the refund within 7 days of starting their membership by contacting hello@quouch-app.com
The guarantee applies only to the first stay attempted after purchasing a membership and may only be claimed once per account.
The guarantee ends once the user has their first confirmed stay.
Quouch reserves the right to verify that the above conditions have been met before issuing a refund.
No Refunds and Waiver of Withdrawal Right
Except where required by applicable consumer protection laws, membership fees are non-refundable once the service period has begun.\u2028 By purchasing a Quouch membership, you explicitly request that access to the service begins immediately after payment.\u2028 You also acknowledge that by starting the service immediately, you lose your 14-day statutory right of withdrawal once the service has begun. Accordingly, under Article 16(m) of Directive 2011/83/EU and § 356(5) BGB, the right of withdrawal expires once the service has started following your explicit request.\u2028 Your consent and acknowledgment are collected through the confirmation checkbox displayed during the Stripe checkout process.
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25. Google Analytics
We use Google Analytics to analyze aggregated, anonymized usage data. You can opt out via the Google Analytics Opt-Out Browser Add-on. For details, see our Privacy Policy.
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26. Miscellaneous
These Terms and the Privacy Policy form the entire agreement between you and Quouch. If any provision is invalid or unenforceable, the remaining provisions remain in effect. No waiver of rights shall be deemed a continuing waiver. Quouch may assign its rights or obligations without restriction.
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27. Contact Us
Quouch, Lohmühlenstraße 65 12435 Berlin, Germany, hello@quouch-app.com
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These Terms comply with EU consumer and German civil law (BGB §§ 305–310, §§ 355–356, § 309 No. 9), the GDPR, and Directive 2011/83/EU.