Terms of Service / Nutzungsbedingungen

Tribitat Platform

Last Updated / Letzte Aktualisierung: December 18, 2025

1. Acceptance of Terms / Annahme der Bedingungen

1.1 Agreement to Terms

By accessing, browsing, or using the Tribitat website at tribitat.com (the "Platform," "Site," "we," "our," or "us"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms," "ToS"). If you do not agree to these Terms, you must immediately cease using the Platform.

Durch den Zugriff auf, das Durchsuchen oder die Nutzung der Tribitat-Website unter tribitat.com erklären Sie sich rechtsverbindlich mit diesen Nutzungsbedingungen einverstanden.

1.2 Platform Purpose

Tribitat is a user-generated content platform that enables users to submit, publish, and read stories in plain English. We act as a hosting service provider and do not create, endorse, or verify the accuracy of user-submitted content.

1.3 Eligibility

You must be at least 16 years old to use this Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2. Platform Status and Liability Framework

2.1 Hosting Service Provider Status

Tribitat operates as a hosting service provider under the EU Digital Services Act (Regulation 2022/2065) and equivalent national laws. We store and display user-submitted content but do not exercise editorial control over such content.

We act as an intermediary, not a publisher. We do not:

Pre-approve or endorse user content before publication
Guarantee the accuracy, legality, or quality of user submissions
Create or commission the stories published on the Platform
Exercise editorial direction over user content

2.2 No General Monitoring Obligation

In accordance with Article 8 of the Digital Services Act, we are not obligated to monitor all user-submitted content or to actively seek facts or circumstances indicating illegal activity. We moderate content based on notices received and our own-initiative investigations as described in Section 11.

2.3 Limitation of Liability

Liability for Intentional Misconduct and Gross Negligence: We accept unlimited liability for:

Damages arising from injury to life, body, or health caused intentionally or through gross negligence by us, our legal representatives, or our vicarious agents
Damages caused intentionally or through gross negligence by us, our legal representatives, or our vicarious agents
Claims under the German Product Liability Act (Produkthaftungsgesetz)
Claims arising from guarantees we have explicitly provided in writing

Liability for Slight Negligence: For damages caused by simple (slight) negligence, we are liable only if we breach a material contractual obligation (Kardinalpflicht). Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance you may reasonably rely.

In cases of slight negligent breach of material contractual obligations, our liability is limited to foreseeable damages typical for this type of contract. This amount is capped at the fees you paid to us (if any) in the 12 months preceding the event giving rise to the claim, or €1,000, whichever is greater.

User Content: We expressly disclaim all liability for user-submitted content. We do not verify, endorse, or guarantee:

The accuracy, completeness, or reliability of any user story
The authenticity of images or other materials submitted by users
That user content does not infringe third-party rights
That user content is lawful in all jurisdictions

Limitation Period: Claims against us become time-barred within 12 months from the date on which you became aware or should have become aware of the circumstances giving rise to the claim, unless statutory limitation periods are shorter or longer mandatory periods apply (e.g., for intentional misconduct).

Applicable Law: Nothing in these Terms limits your rights under mandatory consumer protection laws of your country of residence where such laws provide greater protection.

3. User Accounts and Registration

3.1 Account Creation

To submit stories, you may be required to create an account. You may use a pseudonym or pen name but must provide a valid email address for communication purposes.

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use

We are not liable for losses arising from unauthorized use of your account unless such use results from our breach of security obligations.

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

You violate these Terms or applicable law
You engage in behavior that harms the Platform or other users
Required by law or regulatory authorities
You are identified as a repeat infringer under our Copyright Policy (Section 9)

You may terminate your account at any time by contacting us at legal@tribitat.com.

4. User-Submitted Content

4.1 Content Submission

The Platform allows users to submit stories, articles, images, and other content ("User Content"). By submitting User Content, you acknowledge and agree to the following terms.

4.2 License Grant to Tribitat

By submitting User Content to the Platform, you grant Tribitat a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to:

Use, reproduce, store, and display your User Content
Modify, adapt, and reformat your User Content for technical purposes (e.g., responsive display, format conversion)
Publish and distribute your User Content publicly on the Platform
Create derivative works from your User Content for Platform functionality
Sublicense the foregoing rights to service providers and content delivery networks

This license is necessary for us to operate the Platform and display your stories to readers worldwide.

Attribution: When technically feasible, we will display the name or pseudonym you provide with your submission.

No Transfer of Ownership: You retain all ownership rights in your User Content. This license does not transfer ownership to us.

4.3 Your Representations and Warranties

By submitting User Content, you represent and warrant that:

Ownership and Rights:

You own all rights in the User Content or have obtained all necessary licenses, permissions, and consents to grant the license in Section 4.2
Your User Content does not infringe any copyright, trademark, patent, trade secret, privacy right, publicity right, or other intellectual property or proprietary right of any third party

Lawfulness:

Your User Content does not violate any applicable law, regulation, or these Terms
Your User Content is not defamatory, libelous, obscene, pornographic, abusive, harassing, threatening, hateful, or racially or ethnically offensive
Your User Content does not contain malware, viruses, or any harmful code
Your User Content does not contain false, misleading, or fraudulent information

Third-Party Content:

If your User Content includes images, quotes, or other material from third parties, you have obtained all necessary permissions and licenses
You will not submit content that violates any third-party confidentiality or non-disclosure agreement

4.4 Content Moderation

We reserve the right, but have no obligation, to:

Review, screen, edit, or remove any User Content at any time and for any reason, without prior notice
Remove User Content that violates these Terms or applicable law
Remove User Content following receipt of a valid notice under Section 11
Take action against users who violate these Terms

No Pre-Publication Review: User Content may be published immediately upon submission without prior review. The presence of content on the Platform does not indicate our approval or endorsement.

4.5 Public Nature of Content

IMPORTANT: All User Content submitted to and published on Tribitat becomes publicly accessible on the internet. Do not include:

Personal information you wish to keep private (e.g., home addresses, phone numbers, financial account information)
Confidential business information
Sensitive personal data (health information, political opinions, religious beliefs) unless you explicitly consent to public disclosure
Information about third parties without their consent

You acknowledge that once published, your User Content may be indexed by search engines, shared on social media, archived by third parties, and otherwise disseminated beyond our control.

5. Prohibited Conduct

5.1 General Prohibitions

You agree NOT to use the Platform to:

Illegal Activity:

Violate any applicable local, national, or international law or regulation
Engage in any activity that promotes or facilitates illegal activity
Upload or transmit any content that you do not have the right to transmit

Harmful Content:

Submit content that is defamatory, libelous, or that invades another person's privacy
Submit content that is obscene, pornographic, or sexually explicit
Submit content that harasses, threatens, intimidates, or bullies any person
Submit content that promotes violence, terrorism, or harm to oneself or others
Submit content that is hateful or discriminatory based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
Submit content depicting or promoting child sexual abuse material (CSAM)

Intellectual Property Infringement:

Submit content that infringes any copyright, trademark, patent, or other intellectual property right
Submit content containing images, text, video, or audio to which you do not hold rights or have not obtained permission to use

Fraud and Misrepresentation:

Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
Submit false, misleading, or fraudulent content
Engage in any deceptive practices

Technical Interference:

Use any robot, spider, scraper, or other automated means to access the Platform without our express written permission
Attempt to gain unauthorized access to our systems or networks
Transmit viruses, malware, or any other harmful code
Interfere with, disrupt, or place undue burden on the Platform or servers
Circumvent any security features or access control measures

Spam and Commercial Abuse:

Submit unsolicited advertising, promotional materials, or spam
Use the Platform primarily for commercial purposes without our authorization
Collect user information for commercial solicitation

5.2 Enforcement

Violation of these prohibitions may result in:

Content removal
Account warning or suspension
Permanent account termination
Referral to law enforcement authorities
Legal action

6. Financial Content Disclaimer

6.1 No Investment Advice

IMPORTANT NOTICE / WICHTIGER HINWEIS / AVIS IMPORTANT:

Tribitat is NOT authorized to provide investment advice or financial services under:

German Securities Trading Act (Wertpapierhandelsgesetz - WpHG)
Austrian Securities Supervision Act 2018 (Wertpapieraufsichtsgesetz - WAG 2018)
Swiss Financial Services Act (Finanzdienstleistungsgesetz - FIDLEG/FinSA)

User Content Does Not Constitute Investment Advice: Stories published on this Platform are user-generated content and do NOT constitute:

Investment advice or recommendations
Personal financial planning
Professional financial consultation
Solicitation to buy or sell securities or other financial instruments

User stories are general information only and are not tailored to your personal financial situation, investment objectives, or risk tolerance.

6.2 Investment Risks

RISK WARNING / RISIKOHINWEIS / AVERTISSEMENT SUR LES RISQUES:

Risk of Loss: Investments in financial instruments carry significant risk, including the risk of total loss of invested capital
Past Performance: Past performance described in user stories is not indicative of future results
No Guarantee: No content on this Platform guarantees investment success or specific returns
Professional Advice Required: Do not make investment decisions based solely on content found on this Platform. Consult a licensed financial advisor before making investment decisions
Regulatory Compliance: Ensure any investment complies with applicable laws in your jurisdiction

6.3 Platform Disclaimer for Financial Content

No Verification: We do not verify the accuracy, completeness, or reliability of financial information in user stories
No Endorsement: Publication of financial content does not constitute our endorsement or recommendation
User Responsibility: Users who submit financial content are solely responsible for its accuracy and compliance with applicable securities laws
No Liability: We disclaim all liability for financial losses resulting from reliance on user-generated financial content

6.4 Prohibited Financial Content

Users may NOT submit content that:

Constitutes regulated investment advice without proper licensing
Engages in market manipulation or insider trading
Promotes fraudulent investment schemes or scams
Violates securities regulations in any jurisdiction

7. Intellectual Property Rights

7.1 Platform Content

The Platform itself, including its design, layout, graphics, text, software, and other content created by Tribitat (excluding User Content), is owned by or licensed to Tribitat and is protected by copyright, trademark, and other intellectual property laws.

Our Rights Reserved: All rights not expressly granted in these Terms are reserved by Tribitat. You may not:

Copy, modify, or create derivative works of the Platform
Reverse engineer, decompile, or disassemble any Platform software
Remove any copyright, trademark, or proprietary notices
Use our trademarks, logos, or branding without written permission

7.2 User Content Ownership

You retain all ownership rights in your User Content, subject to the license you grant us in Section 4.2.

7.3 Tribitat Trademarks

"Tribitat" and associated logos are trademarks of Tribitat. Unauthorized use is prohibited.

8. Third-Party Links and Services

8.1 External Links

The Platform may contain links to third-party websites, services, or resources. These links are provided for convenience only.

No Endorsement: We do not endorse, control, or assume responsibility for any third-party sites or services. Accessing external links is at your own risk.

8.2 Third-Party Services

We may use third-party service providers for hosting, analytics, email delivery, and other services. These providers process data on our behalf as described in our Privacy Policy.

9. Copyright Infringement Policy / Urheberrechtsverletzungen

9.1 DMCA and EU Copyright Compliance

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with:

EU Digital Services Act (Regulation 2022/2065)
German Copyright Act (Urheberrechtsgesetz - UrhG)
German Act on Copyright Liability of Online Content Sharing Service Providers (UrhDaG)
Austrian Copyright Act (Urheberrechtsgesetz - UrhG)
Swiss Copyright Act (Urheberrechtsgesetz - URG)
US Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512

9.2 Submitting a Copyright Notice

If you believe content on the Platform infringes your copyright, submit a notice to our designated copyright agent:

Copyright Agent / Urheberrechtsbeauftragter: Email: legal@tribitat.com Subject Line: "Copyright Infringement Notice / Urheberrechtsverletzungsmeldung"

Required Information: Your notice must include:

Your identification: Full name, address, telephone number, and email address of the copyright owner or authorized representative
Copyrighted work: Clear identification of the copyrighted work claimed to be infringed (provide registration number if available, or describe the work)
Infringing content location: URL(s) or precise location on the Platform of the allegedly infringing content
Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
Accuracy statement: A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
Signature: Physical or electronic signature of the copyright owner or authorized representative

Language: Notices may be submitted in English, German, or French.

9.3 Response to Copyright Notices

Upon receipt of a valid copyright notice, we will:

Confirm receipt within 24 hours
Review the notice within 72 hours
Remove or disable access to allegedly infringing content within 5 business days if the notice is sufficiently substantiated
Notify the user who submitted the content, providing a copy of the notice
Inform you of the action taken

9.4 Counter-Notice / Gegenmitteilung

If you believe content you submitted was removed in error or is not infringing, you may submit a counter-notice to legal@tribitat.com.

Required Information:

Your full name, address, telephone number, and email address
Identification of the removed content and its former location
A statement under penalty of perjury that you have a good faith belief the content was removed by mistake or misidentification
Your consent to jurisdiction of the courts in Germany, Austria, or Switzerland (as applicable)
Your physical or electronic signature

Review Process:

We will review your counter-notice within 10 business days
If valid, we may restore the content unless the copyright owner files a court action
The copyright owner will be notified of your counter-notice

9.5 Repeat Infringer Policy / Wiederholungstäter

We maintain a repeat infringer policy as required by law. Users who repeatedly infringe copyrights will have their accounts terminated.

Progressive Sanctions:

First violation: Warning and educational notice
Second violation: Content removal plus final warning
Third violation: Temporary account restriction (7-30 days)
Fourth or subsequent violation: Permanent account termination

Considerations: We consider the nature and severity of the infringement, whether it was intentional, the user's response to notices, and proportionality when applying sanctions.

9.6 Small Platform Status

Tribitat may qualify as a small online content-sharing service provider under Article 17(6) of the EU Copyright Directive. If applicable, this affects our obligations for authorization and content monitoring. This status will be updated as our platform grows.

10. Privacy and Data Protection

10.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [tribitat.com/privacy] to understand how we collect, use, and protect your personal data.

10.2 GDPR and Data Protection Laws

We comply with:

EU General Data Protection Regulation (GDPR)
German Federal Data Protection Act (BDSG)
Austrian Data Protection Act (DSG)
Swiss Federal Act on Data Protection (FADP/revDSG)

10.3 Your Rights

Under applicable data protection laws, you have rights including:

Access to your personal data
Rectification of inaccurate data
Erasure ("right to be forgotten")
Restriction of processing
Data portability
Objection to processing

To exercise these rights, contact privacy@tribitat.com.

Important: Your right to erasure of published stories may be limited by our freedom of expression and information rights under Article 17(3)(a) GDPR. We will assess such requests on a case-by-case basis.

11. Content Moderation and Complaint Procedures

11.1 Content Moderation Methods

We moderate content through:

Notice-and-action: Responding to user reports and external notices
Own-initiative investigations: Proactive review of flagged content
Automated tools: Limited use of automated detection for prohibited content (e.g., CSAM, malware)
Community reports: User-submitted reports via our reporting mechanism

11.2 Notice and Action Mechanism

How to Report Illegal Content: If you believe content on the Platform is illegal, you may submit a notice via:

Email: legal@tribitat.com
Online form: [tribitat.com/report]

Required Information:

Your contact information (name, email)
Precise URL(s) of the allegedly illegal content
Sufficiently substantiated explanation of why you consider the content illegal
Statement of good faith belief in the accuracy of your report

Our Response:

Receipt confirmation within 24 hours
Assessment of the notice
Decision communicated within 5 business days for most notices
Statement of reasons provided on durable medium

11.3 Statement of Reasons

When we restrict content (remove, suspend, restrict visibility), we will provide you with a statement of reasons including:

Type of restriction imposed
Facts and circumstances considered
Whether based on third-party notice or automated detection
Legal or contractual grounds relied upon
Information about available redress mechanisms

11.4 Internal Complaint System

If you disagree with a content moderation decision, you may file a complaint via:

Email: legal@tribitat.com
Subject line: "Content Moderation Complaint"

Required Information:

Your user identifier
Description of the contested decision
Grounds for your complaint

Our Review:

Complaints are reviewed by human moderators (not solely automated)
Decision communicated within 15 business days
If your complaint is upheld, the restriction will be reversed

11.5 Out-of-Court Dispute Resolution

If you remain dissatisfied after internal complaint resolution, you may pursue out-of-court dispute settlement through certified dispute resolution bodies. Information about available certified bodies will be provided in our statement of reasons.

EU Residents: You have the right to select any certified out-of-court dispute settlement body established in the EU.

11.6 No Waiver of Legal Rights

Nothing in this section limits your right to seek judicial redress before competent courts.

12. Modifications to Terms

12.1 Right to Modify

We reserve the right to modify these Terms at any time to reflect:

Changes in applicable law or regulatory requirements
Technical developments in Platform functionality
New features or services
Clarification of ambiguous provisions
Closure of regulatory gaps

12.2 Notification of Changes

We will notify you of material changes by:

Email to your registered email address (at least 30 days in advance)
Prominent notice on the Platform homepage
Pop-up notification upon next login

The notification will include:

Clear description of the changes
Effective date of the new Terms
Comparison showing what has changed (for significant modifications)
Your right to object

12.3 Acceptance of Changes

Your Options:

Accept: Continue using the Platform after the effective date constitutes acceptance of the modified Terms
Object: If you object to the changes, you must cease using the Platform and may terminate your account before the effective date without penalty

Silence as Acceptance: If you do not object within 30 days of notification and continue using the Platform, you are deemed to have accepted the modified Terms.

Exceptions: Changes to core services, pricing structure (if introduced), or other fundamental terms will require your express consent and cannot rely on tacit acceptance.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

Contacting us at legal@tribitat.com
Using the account deletion function (if available)

Upon termination, your access to the Platform will be revoked. Your published User Content may remain on the Platform unless you separately request its removal.

13.2 Termination by Us

We may suspend or terminate your account immediately if:

You violate these Terms in any material way
You engage in illegal activity
Required by law or court order
Necessary to prevent harm to the Platform or other users
You are identified as a repeat copyright infringer

Notice: We will provide notice and opportunity to cure minor violations unless immediate termination is necessary for legal or safety reasons.

13.3 Effects of Termination

Upon termination:

Your license to use the Platform immediately ceases
Your ability to access your account is revoked
User Content you submitted may remain on the Platform pursuant to the license you granted in Section 4.2
Sections that by their nature should survive termination will continue to apply (including Sections 4.2, 5, 7, 11.3, 14, 15, 16)

13.4 Data Deletion

To request deletion of your data following account termination, see our Privacy Policy or contact privacy@tribitat.com. Deletion is subject to:

Legal retention obligations
Freedom of expression considerations for published stories
Technical limitations and backup retention periods

14. Indemnification

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Tribitat, its officers, directors, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your User Content and your submission thereof
Your violation of these Terms
Your violation of any rights of third parties, including intellectual property rights, privacy rights, or publicity rights
Your violation of any applicable law or regulation
Your use or misuse of the Platform

Limitations: This indemnification obligation does not apply to claims arising from:

Our gross negligence or intentional misconduct
Our breach of these Terms
Defects in the Platform that we were obligated to address

14.2 Defense of Claims

If a claim is made against us for which you are required to indemnify us:

We will notify you promptly
You will assume defense of the claim with competent counsel
We may participate in the defense at our own expense
You may not settle any claim without our written consent

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Consumer Protection: If you are a consumer residing in the European Union, Switzerland, or another jurisdiction with mandatory consumer protection laws that provide greater protection than German law, those laws will apply to the extent they are more favorable to you.

15.2 Jurisdiction for Business Users

For business users (entrepreneurs, companies), the exclusive jurisdiction for all disputes arising from or relating to these Terms or your use of the Platform is the competent court in [Your City], Germany.

15.3 Jurisdiction for Consumer Users

Consumer Rights Protected: If you are a consumer (person acting outside their trade, business, or profession), you may bring claims in:

The courts of your habitual residence, OR

We may only bring claims against consumer users in the courts of their habitual residence.

Austrian Consumers: Austrian consumers may bring claims in Austrian courts as provided by Austrian law.

Swiss Consumers: Swiss consumers may bring claims in Swiss courts as provided by Swiss law.

15.4 Online Dispute Resolution (EU)

The European Commission provides an Online Dispute Resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr

We are not obligated and not willing to participate in dispute resolution proceedings before consumer arbitration boards (Verbraucherschlichtungsstelle) but will consider participation on a case-by-case basis.

15.5 Mandatory Arbitration and Class Action Waiver

Not Applicable to EU/Swiss Users: The following provisions do NOT apply to users residing in the European Union, Switzerland, or other jurisdictions where such provisions would be unenforceable under mandatory consumer protection laws.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tribitat regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

German AGB Law: Under German law (§306 BGB), if a provision is invalid, the remaining Terms remain valid. We will replace invalid provisions with valid provisions that come closest to the economic purpose of the invalid provision.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without restriction.

16.5 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

To You: We may provide notices to you via email to the address associated with your account, by posting on the Platform, or by other reasonable means.

To Us: You may provide notices to us by email to legal@tribitat.com or by mail to the address specified in our Impressum.

Notices are deemed received:

Email: 24 hours after sending (if not bounced)
Platform posting: Upon posting
Mail: 3 business days after sending by registered mail

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Tribitat. You have no authority to bind Tribitat in any way.

16.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided.

16.9 Interpretation

Headings: Section and subsection headings are for convenience only and do not affect interpretation
Language: The English version of these Terms is the authoritative version. Translations are provided for convenience only
Examples: Examples provided are illustrative and non-exhaustive
Including: The word "including" means "including but not limited to"

16.10 Questions and Contact

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

Email: legal@tribitat.com

17. Acknowledgment

By using the Platform, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You understand that Tribitat is a hosting platform and does not verify user content
You understand that user stories may contain financial information that does not constitute investment advice
You understand that your User Content will be publicly accessible
You understand your obligations regarding intellectual property rights
You understand the content moderation procedures and your rights to appeal
You have reviewed our Privacy Policy and understand how your data is processed

Last Updated: December 18, 2025 Version: 1.0