Terms of Use

Last Updated: 05.08.2024

1. INTRODUCTION

1.1. The Service is operated by Summatus GmbH ("Company", "we", "us", "our"), a company registered in Germany with company number HRB 237306, and registered office at Frundsbergstraße 58a, Straßlach-Dingharting, 82064, Germany.

1.2. These Terms of Use ("Terms") constitute a legally binding agreement between you and the Company regarding your access to and use of the Raily mobile application, website (www.raily.app), and related services (collectively, the "Service"). These Terms include our Privacy Policy which governs our collection, use and disclosure of your personal information.

1.3. By using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. CHANGES TO TERMS

2.1. We may modify these Terms at any time. We will notify you of material changes at least 30 days in advance through push notifications in the app or via email associated with your account.

2.2. Your continued use of the Service after the notice period constitutes your acceptance of the modified Terms. If you do not agree with the new Terms, you must stop using the Service.

3. PRIVACY POLICY

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

4.1. You must be at least 18 years old and able to form legally binding contracts to access or use the Service. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms.

4.2. To use certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes.

4.3. You are solely responsible for all activity occurring under your account, including any content you post and any actions taken through the use of your login credentials. You shall not allow others to use your account.

4.4. We reserve the right to suspend or terminate your account if you provide inaccurate information, violate these Terms, or engage in any prohibited conduct described herein.

4.5. We may use third-party age verification services or request additional information to verify your age at our discretion.

5. CONDUCT AND USAGE RESTRICTIONS

5.1. You agree not to misuse the Service or assist others in doing so. Examples of misuse include:

  1. accessing or using the Service for any illegal, harmful, fraudulent, infringing or offensive use;
  2. interfering with the proper functioning of the Service;
  3. circumventing or manipulating our fee structure, billing process or rewards;
  4. impersonating any person or entity or falsely claiming an affiliation with any person or entity;
  5. uploading harmful, fraudulent, infringing or illegal content;
  6. harvestingany data or information from the Service; or
  7. imposing an unreasonable load on our infrastructure.

5.2. We reserve the right, but do not assume the obligation, to monitor use of the Service and content provided by users. We may investigate and take appropriate action in our sole discretion against any conduct that violates these Terms, including suspending or terminating your account.

6. USER CONTENT

6.1. The Service may allow you to upload, transmit, store, post, display or otherwise make available content, which may include text, images, audio, video and other materials ("User Content").

6.2. You retain full ownership and responsibility for your User Content. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, publish, perform and display any User Content posted by you for purposes of operating and improving the Service.

6.3. You represent and warrant that: (a) you have all necessary rights to grant us the license described above; (b) your User Content does not violate these Terms or any applicable law; and (c) we will not need to obtain licenses from any third party or pay royalties to any third party relating to the use of your User Content as permitted under these Terms.

6.4. We have no obligation to screen, monitor, review, or edit any User Content. However we reserve the right to remove any User Content at any time without notice, including if the Content violates these Terms.

6.5. We do not claim ownership of your User Content and are not responsible for any User Content posted by you or others. You are solely responsible for your User Content and the consequences of posting or publishing it.

7. SERVICE DESCRIPTION

Raily is a mobile app that connects people traveling by train and enables them to socialize, date, and explore together during their journeys. The key features and services of Raily include:

  • Matchmaking: Raily uses advanced AI technology, including visual, social, and music taste matching, to connect travelers who are likely to share common interests and compatibility. Matching is based on train route proximity rather than geographic location.
  • Messaging: Users can chat and get to know each other through private or group messages during their travels. Raily facilitates communication between mutually interested users.
  • Profiles: Users create rich profiles highlighting their personality, interests, background, and travel plans. Profiles enable users to express themselves and learn about others.
  • Travel Planning: Raily's AI trip planning assistant makes personalized recommendations for activities, restaurants, events, and more at upcoming destinations. It simplifies booking rides, tours, museums, accommodations and other services.
  • Premium Features: A subscription-based premium version unlocks additional features like unlimited messaging, profile visibility boosts, ad-free experience, and other benefits.
  • In-App Purchases: Users can purchase virtual items, gifts, and boosters to enhance their experience. Purchases are made securely within the app.
  • Social Features: Users can follow and keep updated on friends' journeys, unlock achievements, earn rewards, and other gamified social interactions.
  • Safety: Raily prioritizes user safety through profile verification, reporting tools, encrypted messaging, and content moderation. Guidelines prohibit inappropriate content.

8. INTELLECTUAL PROPERTY

8.1. The Service and all associated intellectual property rights are owned by us, our licensors and/or affiliates. We reserve all rights not expressly granted in these Terms.

8.2. The trademarks, service marks, designs, and logos of the Company displayed as part of the Service are registered and unregistered marks of the Company.

8.3. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. You have no right to sublicense the license granted herein.

8.4. You may not use our trademarks or other brand elements without our prior written permission. Examples of intellectual property rights violations include, but are not limited to:

  1. Copying or reproducing any part of the Service without permission
  2. Modifying or creating derivative works based on the Service
  3. Using Raily's trademarks, logos, or brand names in a way that suggests affiliation or endorsement

8.5. If you believe that your intellectual property rights have been infringed on the Service, please contact us immediately at copyright@raily.app with detailed information about the alleged infringement.

9. IN-APP PURCHASES AND PAYMENTS

9.1 Payment Methods: You may purchase paid services and virtual items via credit card, debit card, PayPal, bank transfer, mobile carrier billing, or other payment methods we support. Purchases may be processed directly by Raily or through third party platforms like app stores. By making a purchase, you authorize us to charge your provided payment method.

9.2 Subscriptions: We may offer subscriptions granting access to premium app features and services. Subscriptions automatically renew for the same duration period unless canceled. We will notify you before any price changes for renewals. You can manage and cancel subscriptions directly through your Raily account settings or your payment provider. When you cancel a subscription, you retain access until the current subscription period expires.

9.3 Virtual Items: You may purchase limited personal licenses to access special virtual features, content or items ("Virtual Items") while using the Service. Virtual Items are for use only within the app and do not have monetary value. Licenses to Virtual Items are not redeemable for cash or real currency. Any license to Virtual Items expires when your Raily account closes, whether voluntary or involuntary closure.

9.4 NFTs: We may offer exclusive non-fungible tokens ("NFTs") related to travels, app usage and achievements. Ownership of any NFTs is recorded and managed on the blockchain, not by Raily. We only collect the minimum information necessary to provide NFT functionality, such as your cryptocurrency wallet identifier.

9.5 Refunds: Generally, all purchases are final and non-refundable, except as required by applicable law. If you reside in the EU or other jurisdictions with buyer's remorse laws, you may qualify for a refund within 14 days of purchase. Contact customer support if you believe you qualify for a refund.

9.6 Taxes: Listed prices may not include applicable taxes. We will add applicable taxes where required by law.

9.7 Price Changes: We reserve the right to adjust pricing at any time.

10. USE OF THIRD PARTY TECHNOLOGIES

10.1 AI Services: The Service utilizes artificial intelligence technologies from providers like OpenAI, Anthropic, Google, and others. These are used for features like matching, communications, content analysis, and recommendations. They operate in accordance with our Privacy Policy.

10.2 Other Services: The Service integrates application programming interfaces (APIs) and software development kits (SDKs) from third parties like Deepgram, Google Maps, and others for purposes such as speech recognition and location services. Third party terms govern the use of their tools and platforms.

10.3 Legal Compliance: We ensure that the use of all third party services complies with applicable laws and regulations regarding issues like data privacy, security, algorithmic transparency, and non-discrimination. We conduct appropriate due diligence on service providers.

10.4 Updates: We reserve the right to update, substitute, or discontinue the use of any third party AI models, APIs, SDKs, or other technologies at any time in order to provide the best possible service experience. Use signifies consent to receive such updates.

10.5 Third Party Content: The Service may display or link to third party content, advertisements, apps and services. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, information or statements conveyed by such third parties.

11. PUSH NOTIFICATIONS AND LOCATION-BASED FEATURES

11.1 Push Notifications: We may send you push notifications, alerts, emails, text messages, and other communications related to the Service. You can opt-in to these during onboarding or in your account settings. You may manage or opt-out of receiving push notifications in your device settings or by contacting us.

11.2 Location Information: The Service may provide personalized opportunities and content based on your location, determined through sources like GPS, Bluetooth, WiFi, and other sensors. You must enable location access permissions to use location-based features. You can revoke location access at any time in your device settings.

11.3 Retention: We will not retain your precise geolocation data longer than necessary to provide location-based services. Geolocation data may be shared with service providers only for purposes like fraud prevention.

11.4 Usage: We use aggregate, non-identifiable location data to improve location-based recommendations and for traffic analysis. Individual location data will only be used to personalize your experience and never sold.

11.5 Privacy: Use of location-based services signifies your agreement to the collection, use, sharing and retention of geolocation data as described in our Privacy Policy. You will be notified again at the time of enabling any location features.

12. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION ON OR PROVIDED THROUGH THE SERVICE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR MATERIALS PROVIDED THEREIN.

OUR MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED ONE HUNDRED EUROS (€100). THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY AS SET FORTH HEREIN. ONLY IF AND TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED, THESE PROVISIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to fully indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any liability, losses, damages or expenses (including reasonable attorneys' fees) that they may suffer in connection with any third party claims arising out of or related to any User Content you post, store or otherwise transmit on or through the Service; your use of the Service; your violation of these Terms; or your violation of any rights of another.

15. TERMINATION, REMEDIES, AND MISCELLANEOUS

15.1. Account Termination: You may terminate your account at any time by deleting it through the app interface. Termination is effective immediately, but your content may take time to be fully removed from our systems. We may retain information in compliance with legal obligations.

15.2. Breach and Termination: If you violate these Terms or applicable laws, Raily may terminate or suspend your account and access to the Service immediately and without notice. You remain liable for past use.

15.3. Survival: All provisions that should reasonably survive termination shall continue in effect, including without limitation obligations related to ownership, disclaimers, limitations of liability, dispute resolution, and governing law.

15.4. Modifications: We may modify these Terms and will provide reasonable notice of any material changes, such as through the app interface or by email. Ongoing use constitutes acceptance of the updated Terms. If you do not wish to continue under the new Terms, immediately stop using the Service.

15.5. Entire Agreement: These Terms constitute the entire agreement between you and us. They supersede any prior agreements and understandings.

15.6. Severability: If any provision of these Terms is invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15.7. Non-Waiver: Failure to enforce any right or provision does not constitute a waiver of that provision. Any waiver must be in writing and signed by the waiving party.

15.8. Assignment: You may not assign or transfer these Terms without our written consent. We reserve the right to freely assign our rights and obligations under these Terms.

15.9. Third Party Services: Third party services integrated or linked through our app are not under our control. We are not responsible for their availability, accuracy, or any effects from their use.

15.10. Communications: We may contact you by email or other electronic means. You consent to receive communications electronically from us for contractual purposes.

16. APPLICABLE LAW AND VENUE

These Terms and your access to and use of the Service will be exclusively governed by the applicable laws of Germany. Any dispute arising out of or relating to the Service or these Terms shall be exclusively resolved in the competent courts located in Munich, Germany.

17. COPYRIGHT CLAIMS

17.1 DMCA or DSM Directive Notice: If you believe our Service is hosting content that infringes your copyright, you may send us a DMCA or DSM Directive Notice containing the following:

  1. Your electronic or physical signature as the copyright holder or authorized representative;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to locate the infringing content;
  4. Contact information including your address, phone number, and email;
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
  6. A statement made under penalty of perjury that your claim is accurate and you are authorized to make it.

17.2 Submitting Notice: DMCA or DSM Directive Notice should be sent to our Copyright Agent at copyright@raily.app

17.3 Counter-Notice: If you receive a DMCA or DSM Directive Notice for mistaken removal, you may file a counter-notice with our Copyright Agent via copyright@raily.app containing:

  1. Your electronic or physical signature;
  2. Identification of the material removed and its location prior to removal;
  3. A statement made under penalty of perjury that you have a good faith belief the material was removed by mistake; and
  4. Your name, address, and phone number, and consent to be served with legal process related to your counter-notice.

If we receive a valid counter-notice, we will promptly restore the removed content and notify the original claimant, unless the claimant files suit seeking court order to restrain the restored content.

18. CONTACT US

If you have any questions about these Terms, please contact us at:

Email: legal@raily.app

Address: Summatus GmbH, Frundsbergstraße 58a, Straßlach-Dingharting, 82064, Germany

By using the Raily Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.