These Terms of Service (“Terms”) are an agreement between you and Blume Labs LLC, a limited liability company organized under the laws of the State of Wyoming, USA (“we”, “us”), and govern your use of the All Here mobile application for iOS and Android, its website and related services (together, the “Service”). By creating an account or by using the Service in guest mode you agree to these Terms. Our Privacy Policy explains how we process personal data. If you do not agree, do not use the Service.
Consumers in the European Union: If you are a consumer with your habitual residence in a member state of the European Union, nothing in these Terms deprives you of the protection of the mandatory consumer protection laws of your country of residence. Wherever these Terms provide different rules for consumers in the EU, those rules prevail for you.
The Service is provided by:
Blume Labs LLCSingle point of contact for users and authorities under the EU Digital Services Act (Art. 11 and 12 DSA): [email protected]. You can write to us in English or German. Our legal representative in the EU under Art. 13 DSA is:
Marmeliko EOOD (UIC 206914887)(1) All Here is a platform on which users can find events and places nearby, publish their own events, take part in events and get in touch with one another.
(2) We are neither an organizer nor a broker of events and do not become a party to any agreement between users. Responsibility for an event lies solely with the person who published it. We only provide the technical means to publish and find content.
(3) Information about places comes from open data sources (in particular Overture Maps and OpenStreetMap), from publicly available information and partly from automated, AI-assisted summaries of this information. Information about concerts comes from external providers. We do not guarantee that such information is accurate, complete or up to date; we remove or correct reported errors without undue delay once we become aware of them.
(4) The Service is free of charge for users. There is no entitlement to any particular set of features.
(5) Where this function is available, a reservation or ticket purchase with a third party can be started from the Service for some places. We receive a commission for some of these bookings; see section 11.
The Service is offered to users in the United States and in the member states of the European Union. It is currently not offered in the United Kingdom or in other countries, and we may restrict access from those countries. You may not use the Service where its use is prohibited by law.
(1) You must be at least 16 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf.
(2) As a rule, each person may have only one account. You may not use the Service if we have previously terminated your account for a violation of these Terms, unless we agree.
(1) You can use the Service without registering. Guest mode only covers viewing public events and places within a limited radius and period.
(2) Without an account and profile, in particular messages and chats, friends, joining events, creating your own events, sharing events, reporting entries and the full search are not available.
(3) We may change, limit or end guest mode at any time. There is no entitlement to guest mode.
(4) Using guest mode creates a free usage relationship subject to these Terms. It ends when the guest access ends or expires.
(1) Full use of the Service requires an account. You can register with an email address and a password or with Sign in with Apple or Sign in with Google. The agreement for the use of the Service with an account is concluded when we confirm your registration.
(2) The information you provide must be accurate and complete and you must keep it up to date.
(3) You must keep your credentials confidential and protect them against access by others. If you suspect unauthorized use, tell us without undue delay. If you use Sign in with Apple or Google, the terms of that provider also apply to the sign-in.
(1) You are responsible for the content you publish or send, in particular events, descriptions, images, profile information and messages (“your content”). You keep all rights you have in your content.
(2) You grant us a non-exclusive, worldwide, royalty-free license to store, technically process (such as converting formats and resizing images), and make your content available within the Service, to the extent necessary to operate the Service. We do not use your content beyond this, in particular not for advertising outside the Service. The license ends when you delete the content, except for technically necessary backups for the period of their rotation and for content that other users have already received within the Service (such as messages).
(3) You confirm that you have all rights necessary for your content, in particular copyrights, trademark rights and the rights of the persons shown, and that your content does not violate the law or the rights of others.
(1) There is no place in All Here for objectionable content or abusive users. In particular, you must not publish, send or link to content, or behave in a way, that
(2) Events must take place as described, and you must not use events to lure people under false pretenses.
(1) Blocking. You can block other users in the app. A blocked user can no longer start a chat with you or send you messages in a direct chat.
(2) Reporting content. You can report content or users that violate these Terms or the law by email to [email protected], and incorrect place entries also through the report function in the app. We are extending the report function in the app to events, profiles and messages. Your report should contain:
Messages are end-to-end encrypted and we cannot read them. If you report a message, please include its content, for example as a screenshot.
(3) Handling of reports. We confirm receipt of reports without undue delay, review them carefully, objectively and promptly, and inform you of our decision and of the available remedies. We review reports of objectionable content or abusive users as a rule within 24 hours. Reports are reviewed by people; we do not use automated tools to make moderation decisions. If we have information that gives rise to a suspicion of a criminal offense involving a threat to the life or safety of persons, we inform the competent authorities.
(4) Measures. If content or conduct violates these Terms or the law, we may, depending on the severity of the violation, remove content or disable access to it, restrict features, temporarily suspend an account, or terminate the agreement and delete the account. We take into account the interests of all parties involved and the fundamental rights of users, including freedom of expression. We may suspend, for a reasonable period and after a prior warning, users who frequently provide manifestly illegal content, and the processing of reports from persons who frequently submit manifestly unfounded reports.
(5) Statement of reasons. If we remove or restrict your content or account, we inform you of the measure and its reasons (including the facts relied on, whether we consider the content illegal or contrary to these Terms, and your remedies), unless this is not possible or the law prohibits it.
(6) Complaints. You can complain about a moderation decision, and about a decision not to act on your report, within six months by email to [email protected]. We review your complaint under the supervision of a person who was not involved in the original decision and reverse the decision if the complaint shows that it was wrong. Users in the EU may also turn to an out-of-court dispute settlement body certified under Art. 21 DSA, and every user may take legal action in court.
(1) Joining an event creates a legal relationship only between the organizer and the participant. Claims arising from holding, canceling or changing an event must be directed to the organizer, not to us.
(2) We do not verify the identity of users or the information about events. Take care when meeting people you do not know: meet in public places, tell someone where you are going, and do not share financial information.
(3) Statements about contact intentions in a profile create no right to be contacted or to have contact accepted.
(1) Where this function is available, the Service shows for some places, in particular in the food, drink and culture categories, a button for making a table reservation or buying a ticket. The button leads to an offer of a third party (such as OpenTable, TheFork or Ticketmaster) or to the establishment’s own booking page, or it starts a phone call to the establishment.
(2) We are not involved in any reservation or booking made in this way and do not become a party to it. The contract is concluded only between you and the establishment or third party, and is governed by its terms and privacy policy.
(3) In particular, we are not responsible for the availability of a table or ticket, the accuracy of times, prices or conditions shown, the performance, rebooking or cancellation of a reservation, the refund of deposits charged by some third parties, or the consequences of a no-show. Claims arising from these matters must be directed to the establishment or third party.
(4) The booking options shown are determined from publicly available sources, in particular from the information published on the establishment’s own website, and are not continuously verified. We do not guarantee that an establishment actually accepts reservations, that the linked page belongs to the place shown, or that it can still be reached. You can report incorrect matches through the report function in the app; we remove or correct them without undue delay once we become aware of them. If no booking button is shown, this does not mean that the establishment does not accept reservations.
(5) Affiliate disclosure: We earn a commission from the third party for some reservations and bookings made through these buttons. This costs you nothing extra; the price of the offer does not change. Such buttons are labeled in the app. Neither the selection nor the order of the places shown is influenced by whether or how much commission we receive.
(6) Using the booking function is voluntary. All other features of the Service are available whether or not you use it. Links to third-party websites and apps are provided for your convenience; we are not responsible for their content.
We respect the intellectual property of others. If you believe that content in the Service infringes your copyright, you can send a notice under the US Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent:
Copyright Agent, Blume Labs LLCYour notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the infringing material and information reasonably sufficient to locate it in the Service; (d) your name, address, telephone number and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the right or authorized to act on the owner’s behalf.
If your content was removed because of a notice and you believe this was a mistake or misidentification, you can send our designated agent a counter-notice containing: your physical or electronic signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; and your name, address and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for your address (or, if your address is outside the United States, for any judicial district in which we may be found) and that you will accept service of process from the person who sent the notice. We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complaining party informs us that it has filed a court action.
We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyrights. Knowingly false notices or counter-notices may lead to liability for damages. Users in the EU can also report copyright infringements as described in section 9.
(1) The Service, its software, design, texts and trademarks belong to us or our licensors. We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, for your own use and in accordance with these Terms. You may not copy, modify, decompile or reverse engineer the app, except as permitted by mandatory law.
(2) Map data © OpenStreetMap contributors (ODbL) and Overture Maps; the licenses of these sources apply to their data.
(1) If you downloaded the app from the Apple App Store, the following also applies: these Terms are concluded between you and us only, not with Apple Inc. (“Apple”), and we, not Apple, are solely responsible for the app and its content. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the app. To the extent the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or third parties relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or privacy claims, nor for the investigation, defense, settlement or discharge of any claim that the app or your possession and use of it infringes a third party’s intellectual property rights. You confirm that you are not located in a country that is subject to a US government embargo or designated by the US government as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you as a third-party beneficiary.
(2) If you downloaded the app from Google Play, the Google Play Terms of Service also apply to the download. Google is not a party to these Terms and has no support or warranty obligations for the app.
(3) Questions, complaints and claims regarding the app should be directed to us (section 1).
(1) We try to operate the Service with as little disruption as possible, but we do not promise any particular availability.
(2) We may temporarily restrict or interrupt the Service for maintenance, security or capacity reasons. Where possible we announce planned interruptions and schedule them at times of low use.
(3) We may develop the Service further and change or discontinue features, taking your interests into account. We will announce the complete discontinuation of the Service at least four weeks in advance.
(1) The agreement is concluded for an indefinite period.
(2) You can end the agreement at any time without notice by deleting your account in the app or by an informal message to [email protected].
(3) We may end the agreement with four weeks’ notice. We may end it with immediate effect for good cause, in particular for serious or repeated violations of these Terms (section 9).
(4) What happens to your data after deletion is explained in the Privacy Policy. Sections 7(2) (for content already received by others), 10, 11, 17 to 20, 22 and 23 survive the end of the agreement.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION ABOUT EVENTS, PLACES, CONCERTS OR BOOKING OPTIONS IS ACCURATE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF USERS, ONLINE OR OFFLINE, OR FOR EVENTS ORGANIZED BY USERS.
This section does not apply to consumers in the EU; for them, the statutory rules apply.
(1) TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO ONE HUNDRED US DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
(2) For consumers in the EU, instead of paragraph (1), the following applies: We are liable without limitation for intent and gross negligence, for injury to life, body or health, under mandatory product liability law, and to the extent of any guarantee we have given. In cases of slight negligence we are liable only for the breach of an essential contractual obligation, that is, an obligation whose fulfillment makes the proper performance of the agreement possible in the first place and on whose observance you may regularly rely; in that case our liability is limited to the foreseeable damage typical for this type of agreement. Otherwise our liability for slight negligence is excluded. These limitations also apply in favor of our legal representatives and agents.
(3) We have no general obligation to monitor content published by users. Our liability for content of users and third parties is governed by the applicable statutory provisions, including, for users in the EU, Art. 4 to 8 DSA.
You will indemnify and hold us harmless from claims of third parties, including reasonable attorneys’ fees, arising from your content, your violation of these Terms or your violation of law or the rights of others. If you are a consumer in the EU, this applies only where you are at fault. We will inform you of such a claim without undue delay and give you the opportunity to comment.
(1) These Terms and any dispute arising from or relating to them or the Service are governed by the laws of the State of Wyoming, USA, and applicable US federal law, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
(2) Before filing a claim, you agree to contact us at [email protected] with a description of the dispute and to give us 60 days to resolve it informally. We will do the same before filing a claim against you.
(3) Disputes that cannot be resolved informally will be brought exclusively in the state courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming, and both parties consent to their personal jurisdiction. Either party may instead bring an individual claim in a small claims court that has jurisdiction.
(4) Consumers in the EU: The choice of law in paragraph (1) does not deprive you of the protection of the mandatory provisions of the law of the country of your habitual residence (Art. 6(2) Rome I Regulation). Paragraph (3) does not apply to you: you may bring proceedings in the courts of the country in which you are domiciled or in the courts of Wyoming, and we may bring proceedings against you only in the courts of the country in which you are domiciled. Paragraph (2) does not restrict your right to go to court.
(5) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(1) We may change these Terms for valid reasons, in particular because of changes in the law or in court decisions, orders of authorities, or changes to the features of the Service.
(2) We will inform you of changes in the app and, if you have a confirmed email address, by email at least 30 days before they take effect. If you continue to use the Service after that date, the changed Terms apply to you.
(3) For consumers in the EU, instead of paragraph (2), the following applies: We will inform you at least six weeks before the changes take effect. Changes take effect only if you expressly agree to them. Your silence does not count as agreement. If you do not agree, we may end the agreement with effect from the date the changes take effect; until then the previous Terms continue to apply.
If you are a consumer in the EU, you have the following right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Blume Labs LLC, 30 N Gould St Ste R, Sheridan, USA, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, your access to the Service will be ended and your account and the associated data will be deleted in accordance with the Privacy Policy. As the Service is free of charge, no payments are to be reimbursed.
(Complete and return this form only if you wish to withdraw from the contract.) To Blume Labs LLC, 30 N Gould St Ste R, Sheridan, USA, email: [email protected]. I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: use of the All Here application. Concluded on (*): ______. Name of consumer(s): ______. Address of consumer(s): ______. Signature of consumer(s) (only if this form is notified on paper): ______. Date: ______. (*) Delete as appropriate.
Independently of the right of withdrawal, you can delete your account in the app at any time without notice.
(1) Language. These Terms are concluded in English. A German translation is available for convenience; in case of discrepancies, the English version prevails.
(2) Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
(3) Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.
(4) Assignment. You may not transfer your rights under these Terms. We may transfer our rights and obligations to an affiliate or to an acquirer of our business or of the Service; if you are a consumer in the EU, we will inform you in advance and you may then end the agreement at any time.
(5) No waiver. If we do not enforce a provision, this is not a waiver of our right to do so later.
(6) Your own terms do not apply unless we expressly agree to them in writing.
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