Terms of Service (TOS)
Last updated: 11 January 2025
1. Introduction
Kampunity is a global community platform and marketplace based in Germany that allows users to join or create Camps (online communities) and to buy or sell digital content and memberships. These Terms of Service ("Terms") form a legally binding agreement between Kampunity("we," "our," or "us") and Users (individual participants and learners) and Creators (Camp or content administrators who sell memberships or digital content).By accessing or using the Kampunity platform or services, you agree to these Terms. We may modify these Terms from time to time; material changes will be announced on our website or by email. Continued use after changes constitutes acceptance of the updated Terms.
2. Platform Role
- Marketplace facilitator, not a seller. Kampunity provides technology infrastructure, payment processing through Stripe, authentication and data storage via Supabase, email via Resend, hosting via Vercel, security and CDN via Cloudflare, and analytics via PostHog (EU-hosted, GDPR-compliant). We do not produce, own or sell the Camps, Trails, memberships or other content. Creators are responsible for listing, pricing and delivering their own digital products. Kampunity acts as a neutral venue and is not a party to transactions between Users and Creators.
- No professional advice. Content on Kampunity (including posts, Trails or calendar events) may include educational or informational material, but it is provided "as‑is" without warranties and should not be construed as legal, medical or professional advice. See our Disclaimer for more details.
3. Eligibility and Accounts
- Age requirement. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. Minors over 13 may participate with parental consent; parents/guardians are responsible for the minor's activities. We do not knowingly collect personal data from children under 13.
- Account creation. Registration requires accurate and complete information (e.g., name, email, payment details). You agree to keep your credentials confidential and are responsible for all activities under your account. We may verify your identity or require two‑factor authentication.
- Account termination. We may suspend or terminate accounts at our discretion for violation of these Terms, our Community Guidelines, or applicable law. You may close your account at any time; however, outstanding obligations (e.g., unpaid fees, ongoing memberships) will survive.
4. User Conduct and Content
- User‑Generated Content (UGC). Users may post messages, learning materials, comments, or other content. A user‑generated content clause in our TOS helps us distance our liability from user posts and sets rules to maintain community quality. By posting UGC on Kampunity you grant us a non‑exclusive, worldwide, royalty‑free licence to host, reproduce and display your content solely to operate and promote the platform. You retain ownership of your content.
- Prohibited conduct. You agree not to:
- Post illegal content or content that violates any law or regulation (defamatory, fraudulent, infringing copyright, or that breaches privacy or data protection laws).
- Post harmful or offensive content, including harassment, hate speech, bullying, violence, sexually explicit material or other objectionable content.
- Share personal data of others without consent, send spam or malware, impersonate another person, or interfere with the platform's operation.
- Encourage illegal activities, harm minors or misrepresent your affiliation.
- Reporting and moderation. We do not pre‑screen all UGC. Users can report inappropriate content or behaviour via the platform. We will review reports and may remove content or impose sanctions. A built‑in reporting function is available, and our team will investigate and take appropriate action.
- Content licence and takedown. Creators grant Kampunity a licence to display their Trails, materials and promotional content. We may remove or suspend content that violates these Terms, the Community Guidelines or the law. We comply with copyright laws (e.g., DMCA in the United States) and provide a process for copyright complaints.
5. Creator Obligations
Creators who operate Camps or sell Trails on Kampunity must:
- Comply with law. Ensure that all content, services and products comply with applicable laws, including consumer protection, digital content directives (e.g., EU Consumer Rights Directive) and tax regulations. Creators are considered professional sellers and must transparently indicate their seller status when selling to EU consumers.
- Provide accurate information. Accurately describe content, pricing, and any requirements. You must own or have the right to use all content you publish and must not infringe third‑party intellectual property rights.
- Fulfil orders and provide customer service. Deliver digital content promptly and support your members. If you offer paid subscriptions or one‑time purchases, you must honour your advertised benefits. You may set your own refund terms consistent with our Payment & Refunds Policy and applicable law; however, you must clearly state these terms in your Camp listing.
- Taxes and compliance. Creators are responsible for any taxes (e.g., VAT, sales tax) arising from their earnings. Kampunity may collect taxes where required (e.g., EU or US marketplace facilitator laws) and remit them on creators' behalf but does not provide tax advice. Creators must comply with data protection obligations (e.g., GDPR) when handling personal data of members.
- Indemnification. Creators agree to indemnify Kampunity against liabilities or claims arising from their content, services or failure to comply with applicable laws.
6. Payments and Fees
- Payment processing. Payments for paid Camps or Trails are processed by Stripe. Users must provide valid payment information to purchase memberships or digital products. We do not store payment card details; payment information is handled by Stripe.
- Fees. Creators may set prices for their content; Kampunity charges a service fee or commission. The fee will be deducted from payouts before funds are remitted to creators. Fees are disclosed during the checkout process.
- Subscription terms. Some Camps or Trails may require recurring subscriptions. Subscriptions automatically renew until cancelled. Cancellation and refund provisions are governed by our Payment & Refunds Policy.
- Fraud and cancellations. We reserve the right to refuse or cancel orders if fraud or unauthorised or illegal transactions are suspected. Subscription fees may be non‑refundable except as required by law.
7. Disclaimers and Limitation of Liability
- No responsibility for user content. Kampunity does not control and is not responsible for UGC posted by Users or Creators. We make no representations regarding the accuracy, quality, legality or reliability of user content. A no‑responsibility disclaimer states that a company is not responsible for any harm caused by the use of its products or services.
- Section 230 / global equivalents. For U.S. users, the Communications Decency Act §230(c)(1) provides that platforms are immune from liability for user‑generated content and §230(c)(2) protects good‑faith decisions to remove harmful content. Similar safe‑harbour provisions may exist in other jurisdictions. Nothing in these Terms waives mandatory consumer rights under applicable law.
- Service "as is". The platform and services are provided "as is" and "as available" without warranties of any kind. We cannot guarantee continuous, uninterrupted access, error‑free operation, or security. To the extent permitted by law, we exclude all warranties and limit liability for indirect, incidental or consequential damages arising from your use of our services.
- Third‑party services. Kampunity relies on external providers (Supabase, Resend, Stripe, PostHog, Vercel, Cloudflare) for hosting, data storage, analytics and payments. While we choose reputable providers, we are not responsible for their failures or security incidents.
8. Dispute Resolution and Governing Law
- Governing law. These Terms are governed by German law, unless mandatory laws in your jurisdiction provide otherwise. For consumers within the EU, mandatory consumer protection laws apply. For US residents, the Federal Arbitration Act may apply to arbitration agreements.
- Dispute resolution. We encourage users to contact us first to resolve disputes. If unresolved, disputes may be submitted to the Online Dispute Resolution platform (EU), a recognised mediation body, or a competent court. For business users, any dispute shall be resolved by arbitration in Berlin, Germany, unless prohibited by law.
9. Miscellaneous
- Severability. If any provision of these Terms is unenforceable, it will be modified to reflect the parties' intention or removed; remaining provisions remain in force.
- Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to affiliates or successors.
- Contact. For questions about these Terms, please contact hello@kampunity.com.