Terms of Service

Effective Date: January 15, 2025
Last Updated: February 18, 2026

1. Agreement to Terms

Welcome to phrodia!

These Terms of Service ("Terms") govern your use of the phrodia mobile application (iOS, Android) and web application (collectively, the "Service" or "App") operated by Marsrock ("we," "us," or "our").

By using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Contact Information:

Marsrock
Feldmochinger Str. 217b
80995 Munich, Germany
Email: info@phrodia.com

2. Eligibility

2.1 Minimum Age

You must be at least 18 years old to use the Service. No exceptions.

Age Verification: You must provide your accurate date of birth during registration. We automatically block accounts under 18 years.

2.2 Account Accuracy

You must provide accurate, current, and complete information during registration and keep your account information updated.

Prohibited:

Consequence: Account suspension or termination

3. Account Creation & Responsibility

3.1 Account Security

You are responsible for:

3.2 Authentication Methods

We support the following sign-in methods:

Security: Never share your login credentials with third parties.

4. Acceptable Use & Community Guidelines

4.1 General Conduct

You agree to use the Service in a respectful, lawful, and appropriate manner.

You agree NOT to:

❌ Upload prohibited content (see Section 4.2)
❌ Harass, bully, or threaten other users
❌ Spam or send unsolicited messages
❌ Impersonate other users or entities
❌ Use bots or automation to manipulate ratings or credits
❌ Reverse engineer or decompile the App
❌ Scrape or harvest user data
❌ Interfere with the Service's operation
❌ Violate any applicable laws or regulations

4.2 Prohibited Content

You may NOT upload, share, or post content that contains:

🚫 Nudity or sexual content (full or partial nudity, sexually suggestive poses)
🚫 NSFW (Not Safe For Work) content
🚫 Minors (anyone under 18 years old)
🚫 Hate speech or discriminatory content (based on race, religion, gender, sexual orientation, disability, etc.)
🚫 Violence or gore (graphic violence, self-harm, animal cruelty)
🚫 Illegal activities (drugs, weapons, illegal services)
🚫 Spam or advertising (promotional content, MLM, scams)
🚫 Copyrighted material (without permission)
🚫 Private information (doxxing, personal data of others)

Examples of acceptable photos:
✅ Clear, well-lit headshots or portraits
✅ Casual selfies
✅ Photos showing your face clearly
✅ Appropriate group photos (with consent of others)

4.3 Content Moderation

We reserve the right to:

Automated Moderation: We may use AI tools (e.g., Google Cloud Vision API) to detect prohibited content.

Response Time: We aim to review reported content within 24-48 hours.

4.4 Reporting System

How to report inappropriate content:

  1. In-App: Tap the "Report" button on any photo
  2. Email: info@phrodia.com with subject "Content Report"

Categories:

What happens:

4.5 Appeal Process

If your content was removed or account suspended:

  1. Email info@phrodia.com with subject "Appeal - Content Removal"
  2. Explain why you believe the removal was incorrect
  3. Provide any relevant context

Review Time: 7 business days

Decision: Final and binding

Note: Repeated frivolous appeals may result in account termination

5. User-Generated Content

5.1 Your Content Ownership

You retain ownership of all photos, ratings, and comments you create ("Your Content").

5.2 License to phrodia

By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

Duration: This license ends when you delete Your Content or close your account.

Exception: Anonymized ratings and comments may remain for platform integrity.

5.3 Your Responsibilities

You represent and warrant that:

Indemnification: You agree to indemnify and hold us harmless from any claims arising from Your Content.

5.4 DMCA Copyright Policy

If you believe your copyright has been infringed:

  1. Email info@phrodia.com with subject "DMCA Takedown Notice"
  2. Include:
    • Description of copyrighted work
    • URL of infringing content in the App
    • Your contact information
    • Statement of good faith belief
    • Statement of accuracy under penalty of perjury
    • Your physical or electronic signature

Response Time: 48-72 hours

Counter-Notice: If your content was removed, you may submit a counter-notice if you believe the removal was erroneous.

6. Credits & Wallet System

6.1 Credit Types

Earned Credits:

Purchased Credits:

6.2 Credit Usage

Photo Uploads Cost Credits:

Important: Once uploaded, your photo remains visible until maxRatings is reached, regardless of your remaining credits. Credits are only required for the initial upload.

Spending Priority:

  1. Earned credits used first (FIFO - First In, First Out)
  2. Purchased credits used after earned credits depleted

6.3 Credit Expiry

Earned Credits:

Purchased Credits:

6.4 Refund Policy

Earned Credits:

Purchased Credits:

We do not control refunds. Apple and Google manage all payment processing. Submit refund requests through your App Store or Play Store account.

6.5 RevenueCat Processing

7. Purchases & Payments

7.1 Payment Processing

All payments are processed by:

We do NOT:

Billing Questions: Contact Apple or Google support

7.2 Taxes

Prices displayed in the App:

Tax Invoices: Provided by Apple/Google (not by us)

7.3 Currency & Regional Pricing

Prices vary by country and are set by Apple/Google based on local market conditions.

8. Service Availability & Changes

8.1 Availability

Best-Effort Service: We strive to keep the Service available 24/7, but we do not guarantee uninterrupted access.

Maintenance Windows: Scheduled maintenance will be announced in advance (when possible)

No SLA: We do not provide Service Level Agreements

8.2 Changes to the Service

We reserve the right to:

Notice: We will notify you of material changes via in-app notification or email

8.3 Service Discontinuation

If we discontinue the Service:

9. Prohibited Uses

You agree NOT to use the Service to:

🚫 Violate any laws (local, national, or international)
🚫 Infringe intellectual property rights
🚫 Upload malware, viruses, or malicious code
🚫 Attempt to gain unauthorized access to our systems
🚫 Interfere with other users' use of the Service
🚫 Collect or harvest user data (scraping, bots)
🚫 Sell, trade, or transfer your account
🚫 Create accounts for commercial purposes (without written permission)
🚫 Use the Service for advertising or promotion of third-party services

10. Content Ownership & Licensing

10.1 Our Content

All content provided by phrodia (app design, code, logos, trademarks, documentation) is owned by Marsrock and protected by copyright, trademark, and other intellectual property laws.

You may NOT:

10.2 User-Generated Content

See Section 5 above.

10.3 Third-Party Content

Some features may display content from third parties (e.g., Google Maps). Such content is subject to the third party's terms and licenses.

11. Account Termination

11.1 Termination by You

You may close your account at any time:

Effect:

11.2 Termination by Us

We may suspend or terminate your account if you:

Notice: We will notify you via email before termination (except for serious violations)

Appeal: Email info@phrodia.com within 14 days to appeal a suspension

Effect:

11.3 Survival

Sections that should survive termination: Sections 5 (Licensing), 12 (Warranty Disclaimer), 13 (Limitation of Liability), and 15 (Dispute Resolution).

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including:

User-Generated Content: We do not endorse, guarantee, or verify the accuracy of ratings, comments, or photos uploaded by users.

Quality of Ratings: We cannot guarantee the quality, accuracy, or authenticity of ratings you receive.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 Exclusion of Damages

We are NOT liable for:

13.2 Liability Cap

Maximum Liability: Our total liability to you for any claim is limited to the greater of:

13.3 Exceptions (Germany/EU)

This limitation does not apply to:

14. Indemnification

You agree to indemnify, defend, and hold harmless Marsrock, its affiliates, and service providers from any claims, damages, losses, or expenses (including legal fees) arising from:

Example: If someone sues us because you uploaded their copyrighted photo, you agree to cover our legal costs.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

15.2 Jurisdiction

Primary Jurisdiction: Courts of Munich, Germany

Exception for Consumers: If you are a consumer in the EU, you may also bring claims in your country of residence (as protected by EU consumer law).

15.3 ODR Platform (EU)

The European Commission's Online Dispute Resolution (ODR) platform was discontinued on July 20, 2025. For dispute resolution, please contact us directly at info@phrodia.com.

15.4 Informal Resolution

Before filing a lawsuit, please contact us at info@phrodia.com to resolve the dispute informally. We commit to good-faith efforts to resolve disputes within 30 days.

16. Changes to Terms

16.1 Modification Right

We reserve the right to modify these Terms at any time.

Notice: We will notify you of material changes via:

Review Period: 30 days before changes take effect

Acceptance: Continued use of the Service after changes constitutes acceptance

Rejection: If you do not agree to the changes, you must stop using the Service and delete your account

16.2 Version History

Previous versions of these Terms are available upon request (email info@phrodia.com).

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Marsrock.

17.2 Severability (Salvatorische Klausel)

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any affiliate or successor.

17.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, government actions, internet outages).

17.6 Language

English Version: Authoritative
Translations: Provided for convenience; in case of conflicts, the English version prevails

18. Third-Party Services

18.1 App Stores

Your use of the App downloaded from Apple App Store or Google Play Store is also subject to their respective Terms of Service:

18.2 Payment Processing

All payments are subject to Apple's or Google's payment terms:

18.3 No Endorsement

We do not endorse or control third-party services. Use them at your own risk.

19. Accessibility

We strive to make our Service accessible to all users. If you experience accessibility issues, please contact us at info@phrodia.com.

20. Contact Us

For questions, concerns, or to report violations:

Email: info@phrodia.com
Subject: "Terms of Service Inquiry"

Postal Address:

Marsrock
Feldmochinger Str. 217b
80995 Munich
Germany

Response Time: Within 48-72 hours for general inquiries

21. Acknowledgment

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

Last Updated: February 18, 2026
Effective Date: January 15, 2025
Version: 2.0.0

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