Terms of Use for Nikiwa

Effective from [Datum]

In short

Nikiwa is a catalog and a tool for your collection. At launch, everything is free.
The minimum age for your own account is 13 to 16, depending on your country. If you are younger but at least 13, you need your parents’ consent. Without an account, your collection stays on your device.
Prices in the app are estimates, not offers or investment advice.
What you upload must belong to you and must not violate anyone’s rights. Sexual content, counterfeits and harassment are prohibited.
Your Lounge and your showcases are private until you make your profile public.
You can terminate at any time by deleting your account.

1. Who we are

These terms apply between you and E2 Technologies GmbH, Bahnhofstrasse 10, 6340 Baar, Switzerland, registered in the commercial register of the Canton of Zug under CHE-372.478.075, represented by its managing director Afrora Hoti-Rexhepi (“we”). You can reach us at support@nikiwa.app or [Telefon].

Our privacy policy explains how we handle your data.

2. What Nikiwa offers

Nikiwa offers you:

a catalog of trading cards and sealed products, Pokémon first, later other games and collectibles;
recognizing cards with the camera;
managing your collection with binders, wishlists and notes;
showcases and your Lounge, which you can show to others;
price information and notifications.

Buying, selling and trading launch later, country by country. From age 16, you can prepare copies for sale or trade before then. A prepared offer is not yet a binding offer: no one else can see it, no one can accept it, and it does not commit you to anything. You can publish it only once the feature launches in your country. Publishing is then governed by the marketplace and trading terms, which you accept first, and by their age rules.

The app is free at launch. If paid features are added, separate terms apply to them, and we show you the prices in advance.

3. Your account

You can open your own account once you reach the age at which you may make your own decisions about your data in your country: 13 to 16 years, depending on the country. Our privacy policy lists the age limit for each country.
If you are younger than that but at least 13, you need the consent of a parent. If they consent, that consent also covers these terms. Parents can withdraw their consent at any time; we then close the account, and the collection can be downloaded beforehand.
If you are under 13, you use the app without an account.
Where Apple or Google report an age range to us, that age range applies.
An account is personal. You may have only one, and you must not pass it on.
Your information must be accurate. Keep your password secret, and let us know if someone else has access to your account.
Without an account, the app stores your collection only on your device. We have no copy and cannot restore it.

4. Catalog, images and prices

We build the catalog with care, but it may contain gaps and errors. If data is missing, we show this openly.
Prices are estimates based on market data. They are not an offer, an appraisal or investment advice. Actual sale prices may differ.
Names, images and logos of games and cards belong to their rights holders, such as The Pokémon Company, Nintendo, Creatures and GAME FREAK. We show them only so that you can identify games, cards and products. Nikiwa is not affiliated with any of these rights holders and is neither endorsed nor reviewed by them.
For some cards, we do not show an image because their artwork does not meet our rules. Some entries are in the catalog for information only and have no features.

5. Your content

Content is everything you create or upload in the app: photos, your profile, showcases, descriptions, reports and corrections.

You are responsible for your content. Only upload what belongs to you or what you have the rights to. Other people should not be recognizable in your photos.
Your content remains yours. You give us the right to store, display and technically adapt it worldwide and free of charge, to the extent necessary to operate the app. We show public content to other users. This right ends when you delete a piece of content or your account; we delete backup copies within 30 days.
We may also use the corrections and photos you send us for the catalog permanently in the catalog, edit them and show them to others, without your name. This right continues after you delete your account.
Photos of cards show images that belong to others. The rights to these images lie with their rights holders. You give us the rights to your photo to the extent that you hold them.

6. What is not allowed

The following is prohibited in Nikiwa and on the website:

illegal content and actions;
content that violates the rights of others, such as copyright, trademark or personality rights;
offering or showing counterfeits as if they were genuine, including reprints and so-called proxies without clear labeling;
sexual content of any kind and any depiction that sexualizes minors;
harassment, threats, hate and discrimination;
publishing other people’s data without their permission;
spam, fraud, phishing and misleading information;
manipulation: false reports, multiple accounts to evade suspensions, or attempts to distort prices or statistics;
automatically extracting data from the app with bots or scrapers, overloading it or circumventing security measures;
copying, modifying or reverse engineering the app, except where the law expressly permits it;
pretending to be someone else;
using the app for advertising or other commercial purposes without our consent.

7. Reports and moderation

7.1 Reporting content

If you think content is illegal or if it violates these terms, report it using “Report” in the app or through our [Meldeformular] on the website, even without an account. So that we can act, tell us:

where the content is, with a link or an exact description;
why it is illegal or violates the rules;
your name and email address;
that your information is correct to the best of your knowledge.

If the report concerns depictions of child sexual abuse, you do not have to give your name. We confirm receipt, review the report promptly and tell you what we decided and how you can challenge it.

7.2 How we moderate

We review reported content and also take action against violations on our own initiative. We use automated tools to sort reports and to detect suspicious content. A human always decides whether we remove content or restrict an account. We act diligently, objectively and proportionately, and we respect the rights of everyone involved, including freedom of expression.

Possible measures are: removing content or making it less visible, disabling individual features, such as the public profile, and suspending an account temporarily or terminating it. If such a measure affects you, you receive a statement of reasons: what we did and why, under which rule or law, whether automated means were involved and how you can challenge it.

7.3 Misuse

Anyone who repeatedly spreads manifestly illegal content will be suspended for a reasonable period after a warning. The same applies to anyone who repeatedly submits manifestly unfounded reports.

7.4 Complaint against our decision

If you disagree with a decision, write to us within six months at support@nikiwa.app or through the app. A human reviews the decision again, and we tell you the result. You can always go to court.

7.5 Danger to life and limb

If we learn of content that suggests a criminal offense against life and limb, we inform the relevant authorities.

7.6 Points of contact and representatives

Authorities in the EU, the European Commission and users can reach us with questions under the Digital Services Act (DSA) at support@nikiwa.app, in German or English. Our legal representative in the EU under Art. 13 DSA is Prighter DSA GmbH, Schellinggasse 3, 1010 Vienna, Austria, reachable at support@prighter.com, on +43 1 997 41 24 and via https://app.prighter.com/portal/16099451326. A human always answers messages.

7.7 Copyright in the US

Rights holders can report infringements of their copyrights to our designated agent under the Digital Millennium Copyright Act: Copyright Agent, E2 Technologies GmbH, Bahnhofstrasse 10, 6340 Baar, Switzerland, support@nikiwa.app, phone [Telefon]. The notification must contain the information required by law (17 U.S.C. § 512(c)(3)). Anyone affected can submit a counter-notification. We close accounts that repeatedly infringe copyrights.

8. Lounge and showcases

You show your collection in your Lounge and in showcases. What you show there is your content (section 5), and the rules in section 6 apply.
Others can see your Lounge and your showcases only if your profile is public. A public profile is visible to everyone at a fixed web address, even without an account.
Visitors cannot change anything in your Lounge. If someone bothers you, you can block and report them.
If something violates these terms, we can remove content or disable an account’s public profile (section 7).

9. Costs, founders and digital items

The app is free. We announce paid features in advance, with their price; no one has to use them. You pay your provider for your data connection as usual.

Founders: If you open your account within three months after Nikiwa launches in your country, you are a founder. What counts is the date on which you open the account, even if you used the app without an account before. As a founder, you permanently keep:

your founder allowance for features that are limited without Pro. The app shows you how large it is. You keep it even if new users later receive less;
the founder badge, the founder costume for the tanuki and the founder piece for your Lounge.

If we add further founder pieces later, you receive them automatically and keep them in the same way. This gives you no claim to any particular new piece.

Permanently means: as long as your account exists and we operate Nikiwa. Founder benefits cannot be bought or transferred. They end if you delete your account or if we terminate it because of a serious violation (section 13).

Digital items such as badges, costumes and Lounge pieces have no monetary value. You cannot sell, trade or pass them on, or convert them into money. We may further develop their appearance as long as they keep their character.

10. Availability, updates and changes to the app

We strive to run the app reliably, but we cannot guarantee constant availability, for example during maintenance or disruptions.
We provide the updates needed for the app to work and stay secure. Install them, or the app may not work properly.
We keep developing the app and may change features if there is a valid reason for it: new features, security, or technical or legal changes. This costs you nothing. If a change impairs your use more than just slightly, we inform you in advance, and you can terminate the contract free of charge within 30 days.

11. Our rights in the app

The app, its software, design, texts, logo and mascot belong to us or our licensors. You may use the app for private purposes as long as this contract is in force. You receive no other rights.

12. Liability

We are liable without limitation for damage we cause intentionally or through gross negligence, for injury to life, body or health, and under product liability law.
In cases of slight negligence, we are liable only if we breach an essential contractual obligation, and only for foreseeable, typical damage. Essential obligations are those you may rely on us to fulfill because otherwise the app would fail to serve its purpose.
We are not liable for content from other users or for the accuracy of price estimates.
Your mandatory rights as a consumer remain unaffected; in the EU, this includes in particular the statutory warranty for digital services.

13. Term and termination

The contract runs for an indefinite period. You can terminate it at any time by deleting your account in the app or at [Web-Link].
We can terminate with 30 days’ notice, for example if we discontinue the app. We inform you by email, and you can download your data beforehand.
In the case of serious violations of these terms or of the law, we can suspend or terminate your account immediately. You receive a statement of reasons (section 7.2).
After the contract ends, we delete your data as described in the privacy policy. Catalog contributions remain, without your name (section 5).

14. Right of withdrawal in the EU and EEA

If you live in the EU or the EEA, you can withdraw from this contract within 14 days of its conclusion without giving any reason. To do so, send us an unequivocal statement, for example by email to support@nikiwa.app; you can use the model withdrawal form in the annex, but you do not have to. The easiest way to withdraw is to delete your account. Because the app is free, withdrawing costs you nothing.

15. Changes to these terms

We can change these terms if there is a valid reason for it, such as new features, changes in the law or court decisions. We inform you at least 30 days in advance, in the app or by email, and show you what is changing. If you do not agree, you can terminate free of charge until the changes take effect. If you continue to use the app after that, the new terms apply; we point this out to you explicitly in the notice. We do not change our fundamental promises to you in this way.

16. Transfer of the contract

We may transfer this contract to a company that takes over all or part of the app, for example in a sale or merger. We inform you in advance. You can then terminate the contract at any time and delete your account.

17. Additional terms for Apple devices

If you download the app from Apple’s App Store, the following also applies:

This contract is between you and us, not with Apple. We alone are responsible for the app and its content.
You may use the app on Apple devices that you own or control, within the Usage Rules set out in the Apple Media Services Terms and Conditions.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to conform to any applicable warranty, you can notify Apple; Apple will then refund any purchase price. Beyond that, to the extent permitted by law, Apple has no warranty obligations.
We, not Apple, are responsible for claims relating to the app, for example claims based on product liability, legal requirements or consumer protection.
If a third party claims that the app infringes their intellectual property rights, we, not Apple, are responsible for investigating and defending against the claim.
You confirm that you are not located in a country that is subject to a US embargo or that the US has designated as a supporter of terrorism, and that you are not on any US government list of prohibited or restricted parties.
Direct questions and complaints about the app to us (section 1).
You must comply with the terms of third-party providers, such as your mobile carrier.
Apple and its subsidiaries are third-party beneficiaries of this contract and can enforce it against you.

18. Governing law and place of jurisdiction

Swiss law applies. The place of jurisdiction is Zug. If you are a consumer, the mandatory protective provisions of the country where you live also apply. In that case, you can also sue in the courts where you live, and we can sue you only there.

19. Final provisions

If a provision is invalid, the other provisions remain valid.
These terms are available in German, English, French and Japanese. In case of discrepancies, the German version prevails, unless mandatory law provides otherwise.

Annex: Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract:

To: E2 Technologies GmbH, Bahnhofstrasse 10, 6340 Baar, Switzerland, support@nikiwa.app

I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service (): use of the app Nikiwa

Ordered on () / received 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.