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Terms of Service

The official German version of these Terms is the legally binding document. The English version is provided for information only.

§ 1 Scope and provider

(1) These Terms of Service govern the use of the platform Most Voted (the "platform") with its areas Most Voted Apps and Most Voted Podcasts, and all functions offered through it. Where apps or podcasts are mentioned below, the provision applies to the area concerned.

(2) The provider and contracting party is:

(3) Deviating or supplementary terms of users do not become part of the contract unless we expressly agree to them in writing.

(4) Paid services for businesses — in particular advertising bookings and PR packages — are additionally governed by the respective offer and by separate terms; see § 12.

§ 2 Subject matter

(1) Most Voted is an editorially curated platform. In the Apps area we present apps from the Apple App Store, the Google Play Store and the Microsoft Store; in the Podcasts area we present podcasts whose data originates from publicly available RSS feeds and public directories. Users rate apps and podcasts ("vote"). Rankings and awards result from these votes, separately for each area.

(2) Browsing, voting and submitting apps and podcasts are free of charge.

(3) In addition, we offer businesses paid additional services (advertising placements, sponsoring, PR packages). They are always labelled as such and are agreed separately (§ 12); without such an agreement, no payment obligation arises.

(4) There is no entitlement to the inclusion of a specific app or a specific podcast in the platform. For availability and further development of the service, see § 11.

(5) App data shown on the platform (name, icon, screenshots, description, price) originates from official store data or from information provided by verified developers. We do not review this information for accuracy, completeness or timeliness. Short descriptions below app names are machine-generated and labelled accordingly. They are derived from the public store description, may contain errors and do not replace the provider’s own information. Where providers notify us of errors, we will review them without undue delay and correct them where necessary.

(6) The information shown for a podcast (title, cover, description, category, episodes with title, description and duration) originates from the podcast’s publicly available RSS feed or from public directories. We retrieve the feed again at regular intervals; changes made by the operators are adopted, but may become visible with a delay. We store cover images technically on our own server in order to be able to deliver them. For podcasts, too: we do not review this information for accuracy, completeness or timeliness; the short descriptions below the titles are machine-generated and labelled accordingly.

§ 3 User account

(1) Browsing is possible without an account. Voting and submitting apps and podcasts require a user account.

(2) Registration creates a free usage contract between you and us. There is no entitlement to registration.

(3) Registration details must be truthful. The email address must be confirmed. Only one account per person is permitted. We may reject addresses from disposable and temporary mail services.

(4) Use is permitted from the age of 16. Minors require the consent of their legal guardians.

(5) Access credentials must be kept secret and must not be passed on to third parties. If misuse is suspected, notify us without delay.

§ 4 Rules of use

(1) Applicable law must be observed when using the platform. The following is prohibited in particular:

  • posting unlawful, insulting, discriminatory, youth-endangering or infringing content;
  • any manipulation of votes, in particular through multiple accounts, purchased or otherwise artificially generated votes and automated voting. An open call to your own audience or to other users to vote for an app or a podcast in the regular way is expressly permitted;
  • casting votes in a coordinated group for apps or podcasts of the same or affiliated providers, in particular where the origin of those votes is disguised by additional votes for unrelated apps or podcasts. This does not affect the permitted open call under the previous bullet point;
  • the use of bots, crawlers or scripts to read out the platform automatically, unless expressly permitted;
  • measures impairing the availability or security of the platform;
  • circumventing security or access restrictions;
  • advertising, spam or chain letters outside the designated advertising formats.

(2) In the event of violations, we are entitled to take the measures listed in § 10.

§ 5 Votes and rankings

(1) Each person may cast at most one valid vote per app and per podcast. Votes can be withdrawn or changed where the platform provides for this.

(2) To protect integrity we use technical measures to detect manipulation (including the evaluation of pseudonymised characteristics). Votes identified as manipulative may be excluded from the count without prior notice; in addition, the account may be blocked or, if the provider or operator initiated, supported or approved the manipulation, the manipulated app or podcast removed from the listing. Details on data processing are set out in our Privacy Policy.

(3) Votes from a provider's own circle. Votes for an app or a podcast are not counted if they are cast by employees, shareholders or officers of the provider — for podcasts also by the people involved in the show, the production company or the sales house — in coordination with each other or with the provider or operator. Where we have concrete indications of such coordination, paragraph 2 applies accordingly. A single, uncoordinated vote remains permitted, including for your own app or podcast.

(4) How the order is determined. The order in the rankings results from the counted user votes in the relevant period, the respective list (store, category, period) and the selected filter. Votes not counted under paragraphs 2 and 3 are disregarded. Paid placements (sponsored apps, sponsored podcasts) do not influence the order and are shown exclusively separately and labelled (§ 12). The jury judges apps and podcasts separately; votes cast by jury members carry the same weight in the ranking of the area concerned as votes cast by users. Independently of this, the jury may recommend apps and podcasts; such jury recommendations are presented separately from user votes.

(5) There is no legal entitlement to inclusion in a ranking, to a specific position or to an award.

§ 6 Awards and award widget

(1) If an app or a podcast receives an award for an award period, we inform the contact person on file for it, if one is known to us. Award periods and categories may differ between the areas; they are stated on the respective award page. Awards have no monetary value and are not transferable.

(2) The provider of an awarded app, or the operator of an awarded podcast, receives a simple, free right — revocable solely on the grounds set out in paragraph 4 — to use the award graphic provided by us (the award medal) and an HTML widget to promote that specific app or podcast within the stated purpose of use. The right is limited to the award actually received.

(3) It is not permitted, in particular, to alter the award, to apply it to other apps, podcasts or products, to misrepresent the period or rank, or to create the impression of a partnership or endorsement going beyond the award.

(4) In the event of a breach of paragraph 3 or of manipulation established subsequently, we may revoke the right of use and withdraw the award. We will do so only after prior hearing, where possible and reasonable.

(5) The widget is delivered from our servers. We record the domain on which it is embedded; details are set out in the Privacy Policy.

§ 7 Verified providers and podcast operators

(1) Anyone who proves that a listed app belongs to them can be activated as a verified provider. Proof is provided via an email address on the app's domain, via the contact address held in the store, or by another route accepted by us. There is no entitlement to activation.

(2) Verified providers can maintain the information about their app. They are responsible for its accuracy; we reserve the right to review it and to withdraw information that is manifestly incorrect.

(3) If a provider stores contact details, we use them to communicate about the listing and awards. Promotional contact — for example regarding advertising and cooperation opportunities — only takes place if the provider has given separate consent. Such consent is voluntary, not required in order to use the service, and can be withdrawn at any time via the unsubscribe link in any email or informally; the withdrawal is recorded permanently.

(4) We may withdraw provider status if its prerequisites cease to apply or the proof was incorrect.

(5) Podcasts. Anyone who proves that a listed podcast belongs to them can be activated as a verified operator. Proof is normally provided via the contact address held in the podcast’s RSS feed or via an email address on the podcast’s domain. There is no entitlement to activation. Verified operators can maintain the information about their podcast; paragraphs 2 to 4 apply accordingly.

(6) Removal of a podcast. Operators of a podcast may request that their podcast no longer be presented on the platform. A message via our contact form or to info@mostvoted.app from an address attributable to the podcast is sufficient. We will then remove the presentation promptly and stop retrieving the feed. Votes already cast and awards already granted remain part of the respective period’s evaluation but are no longer displayed publicly.

§ 8 Content posted by users

(1) The person posting content — in particular app and podcast submissions, information from verified providers and operators, and other contributions — is responsible for it and warrants that they hold the necessary rights.

(2) By posting, you grant us a simple, territorially unlimited and free right to store, display, reproduce and make publicly available the content within the scope of operating the platform. This right ends when the content is deleted, unless statutory retention obligations or legitimate interests apply.

(3) We are not obliged to publish posted content and may remove it in accordance with § 10.

§ 9 Third-party rights, trademarks and store data

(1) The rights in app and podcast names, icons, cover images, screenshots, episode details and descriptions remain with the respective rights holders. They are displayed for information and rating purposes.

(2) Apple, Google and Microsoft, as well as podcast directories and streaming providers such as Apple Podcasts and Spotify, are in no way connected with Most Voted and do not support, sponsor or endorse the platform.

(3) Content created by us (texts, design, rankings, award graphics) is protected by copyright.

(4) The app and podcast data, ratings and analyses brought together on the platform constitute, in their entirety, a database within the meaning of §§ 87a et seq. of the German Copyright Act (UrhG); the database producer is movo media GmbH. Extraction or re-utilisation of parts that are substantial in nature or extent is not permitted without our consent; the same applies to the repeated extraction of insubstantial parts where this conflicts with a normal exploitation of the database.

§ 10 Moderation, notice procedure and measures

(1) Notice of illegal content (Art. 16 DSA). Anyone can report content they consider illegal — by email to info@mostvoted.app or via our contact form. A notice should contain: an explanation of why the content is illegal, the exact location (URL), the contact details of the reporting person and a confirmation that the information is accurate to the best of their knowledge.

(2) We confirm receipt and process notices promptly, diligently and non-arbitrarily. We inform the reporting person of the outcome.

(3) Measures. In the event of violations of these Terms or of applicable law we may, depending on severity and taking your interests into account, in particular:

  • remove content or restrict its visibility,
  • exclude votes from the count,
  • issue a warning,
  • exclude from participation in awards,
  • remove an app or a podcast from the catalogue where the provider or operator initiated, supported or approved the violation,
  • temporarily suspend functions,
  • suspend or delete the account temporarily or permanently,
  • withdraw an award under § 6(4).

(4) Statement of reasons (Art. 17 DSA). We inform you of measures concerning content you posted, stating the reasons, insofar as we have your contact details and no legal grounds prevent this.

(5) Complaint. You may lodge a complaint against a measure by email within six months. We will review the decision again and inform you of the outcome.

(6) Our single point of contact under Art. 11 and 12 DSA is named in the Imprint.

§ 11 Availability and changes to the service

(1) We endeavour to keep operations as trouble-free as possible but do not owe any particular availability. Maintenance, bug fixes, security measures and the deployment of new functions may interrupt the service temporarily, in whole or in part, including at short notice and without prior announcement. In addition, technical faults and circumstances beyond our control may lead to restrictions.

(2) We may further develop, change or discontinue individual functions insofar as this is reasonable for you. If we permanently discontinue a material function, we will point this out as soon as we are able to.

§ 12 Advertising and paid services

(1) The platform is financed through advertising and paid services for app providers and podcast operators. Advertising content is labelled as "Anzeige" or "Sponsored".

(2) Paid placements influence neither the editorial assessment by the jury nor the rankings and awards based on user votes (§ 5(4)).

(3) Paid services such as advertising bookings, sponsoring and PR packages are directed exclusively at entrepreneurs within the meaning of § 14 BGB. Prices are net, plus statutory VAT. A contract is concluded only through a separate booking or order confirmation.

(4) The provisions of the respective offer apply in addition.

(5) We reserve the right to reject advertising orders without stating reasons, in particular where content is unlawful, misleading or incompatible with the character of the platform.

(6) The advertising customer is responsible for the advertising material supplied. They warrant that they hold the necessary rights and that the content does not infringe applicable law or third-party rights. If third parties assert claims against us because of such material, they indemnify us against those claims and the costs of a reasonable legal defence; we will inform you without delay and consult you before acknowledging any claim.

§ 13 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee assumed.

(2) In cases of slight negligence we are liable only for breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for this type of contract.

(3) Liability is otherwise excluded.

(4) For content posted by others, such as app submissions or linked store pages, we are responsible under statutory provisions only once we obtain knowledge of an infringement. We then act without undue delay. For our own content we are responsible in accordance with statutory provisions within the scope of paragraphs 1 to 3.

§ 14 Term and termination

(1) The usage contract runs for an indefinite period.

(2) You may delete your account at any time without stating reasons in your account settings. This ends the usage contract. You may also terminate the usage contract at any time informally by email to info@mostvoted.app.

(3) We may terminate the contract with 14 days' notice. This does not affect the right to terminate without notice for good cause — in particular for serious or repeated breaches of § 4 — or measures under § 10(3). Both take effect immediately and do not require any notice period.

(4) After the contract ends, your personal data is deleted in accordance with the Privacy Policy. Votes already cast may be retained in aggregated evaluations without any reference to you; regarding the pseudonymous log entry for manipulation protection, see the Privacy Policy.

(5) Ongoing paid bookings under § 12 remain unaffected by termination of the free usage contract.

§ 15 Changes to these Terms

(1) We may amend these Terms where necessary to adapt to changes in the law, case law or technical and functional developments, provided this does not unreasonably disadvantage you.

(2) We will show you any amended Terms the next time you visit with your account. You can only continue using your account once you have expressly accepted the new version; without an account you can still use the platform for browsing. The date of the last change is stated at the end of these Terms.

(3) If you do not accept, you may delete your account at any time and without disadvantage (§ 14(2)). If you neither accept nor delete your account within a reasonable period, we may terminate the usage contract in accordance with § 14(3).

§ 16 Final provisions

(1) The law of the Federal Republic of Germany applies. Mandatory consumer protection provisions of the state of your habitual residence remain unaffected.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Bonn.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.