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Terms of Service

Terms of Service

Applicable to encirkl and Berlin Green Quest · As of April 2026

§ 1 Scope and Definitions

(1) These Terms of Service ("Terms") govern the use of the services encirkl and Berlin Green Quest (collectively referred to as "Services"), operated by Marian Kulisch ("Operator").

(2) The Services comprise in particular:

  • encirkl: An urban loyalty programme featuring a loop-based badge system, digital wallet card, and partner benefits
  • Berlin Green Quest: A gamification platform for climate action that translates physical movement through urban spaces into climate territories, green labels, and CO₂ savings
  • CursusX Platform: The technical infrastructure powering both Services (GPS validation, wallet integration, NFC waypoints, partner API)

(3) The Services are delivered as a mobile app via the Google Play Store and the Apple App Store.

(4) Any deviating or supplementary terms proposed by the user shall not apply unless the Operator expressly agrees to them in writing.

§ 2 Access and Registration

(1) Basic use of the Services does not require registration or an account. By installing the app and starting a loop, the user enters into a usage relationship with the Operator.

(2) Extended features (personalised badges, name on wallet card, team loops, community features) may require voluntary registration.

(3) Registration information must be accurate and truthful. Each person may maintain only one user account.

(4) Use of the Services is generally permitted from the age of 16. Minors under 16 require the consent of a parent or legal guardian.

§ 3 Service Description

3.1 Loop Mechanics

(1) The core functionality of the Services allows users to complete a walking route (loop) through physical movement on foot. A closed loop encloses an area and creates a territory.

(2) GPS-based validation of loops is performed in real time by the CursusX engine. The system checks: minimum distance, maximum speed, and continuity (maximum 300 m gap).

(3) The Operator reserves the right to reject loops that show signs of manipulation (e.g. GPS spoofing, unrealistic speed patterns).

3.2 Badge System

(1) Badges are awarded automatically when the defined conditions are met. There is no legal entitlement to the award of any badge.

(2) Season badges are time-limited and non-repeatable. The Operator determines their availability and conditions.

(3) Badges are non-transferable, non-tradable, and cannot be redeemed for money.

3.3 Wallet Card

(1) The encirkl wallet card is stored locally on the user's device (Apple Wallet / Google Wallet). It serves as proof of badge status and for redeeming partner benefits.

(2) The Operator does not guarantee the continuous availability or functionality of the wallet integration on all devices.

3.4 Partner Benefits

(1) Partner benefits (e.g. discounts at route partners) are provided by the respective partner, not by the Operator. The Operator merely communicates the user's badge status.

(2) The type, scope, and duration of partner benefits are determined by the respective partners. The Operator does not guarantee the redeemability or availability of any individual benefit.

(3) Partner benefits do not create any contractual claims by the user against the Operator.

3.5 Green Labels and Climate Data (Berlin Green Quest)

(1) Within Berlin Green Quest, users can place green labels on city trees and green spaces and report tree watering activities.

(2) CO₂ savings calculations are based on average values (approx. 150–200 g CO₂/km when shifting from car travel to walking) and serve illustrative purposes. They do not constitute a certified carbon footprint.

(3) Green labels may be shared in anonymised form with the city administration or mission partners.

3.6 Team Loops

(1) Teams can collaboratively cover larger territories, with individual members completing segments of a ring. The badge is awarded when the shared ring is fully closed.

(2) The Operator is not liable for conflicts within teams or for incomplete team loops.

§ 4 User Obligations

(1) The user agrees to use the Services only in accordance with these Terms, applicable law, and accepted standards of conduct.

(2) The following activities are specifically prohibited:

  • Falsifying or manipulating GPS data (GPS spoofing)
  • Using automated systems, bots, or scripts to complete loops
  • Copying, distributing, or tampering with QR codes or NFC tags
  • Creating multiple accounts to obtain badges or benefits more than once
  • Uploading photos containing illegal, offensive, or misleading content
  • Placing green labels at locations that do not correspond to actual conditions (false reporting)
  • Using the Services in a way that endangers or harasses other users

(3) In the event of a violation of these obligations, the Operator may suspend access, revoke badges, and terminate the usage relationship without notice.

§ 5 Availability and Warranty

(1) The Operator endeavours to provide the Services with minimal interruption but does not guarantee any specific level of availability. Maintenance work, technical issues, or force majeure may result in temporary outages.

(2) GPS-based loop validation depends on the GPS signal quality of the user's device. Inaccurate validation due to poor GPS quality (e.g. in densely built-up areas or tunnels) is not the responsibility of the Operator.

(3) The Operator reserves the right to modify, supplement, or discontinue features, loops, badges, or partner benefits at any time.

§ 6 Costs

(1) Basic use of the Services is free of charge for end users.

(2) The Operator reserves the right to introduce paid premium features in the future. Users will be informed in advance; paid features require separate consent.

(3) Costs for the mobile data connection during use (particularly GPS tracking during loops) are borne by the user.

§ 7 Intellectual Property and Usage Rights

(1) All content of the Services (design, text, logos, badge designs, map styling, audio content) is protected by copyright and is the property of the Operator or the respective mission partners.

(2) Users are granted a simple, non-transferable right to use the Services for their intended purpose.

(3) Uploaded photos (photo walks): The user grants the Operator a simple, unrestricted (in terms of time and territory) right to use the photos within the community gallery and for promoting the Services. Copyright remains with the user.

(4) Green labels and movement data: By placing green labels and participating in loops, the user grants the Operator the right to use the resulting anonymised and aggregated data for urban development purposes and research.

§ 8 Limitation of Liability

(1) The Operator is liable without limitation for intent and gross negligence.

(2) In cases of ordinary negligence, the Operator is liable only for breaches of material contractual obligations (cardinal obligations) and only up to the amount of foreseeable, typically arising damages.

(3) In particular, the Operator is not liable for:

  • Accidents, injuries, or property damage occurring while completing loops in public spaces — use is at the user's own risk
  • Damage caused by improper use of the device (e.g. distraction in traffic from looking at the app)
  • Missed partner benefits due to technical issues or changes in the partner portfolio
  • The accuracy of CO₂ calculations, as these are based on average values
  • Content curated and provided by mission partners

(4) The above limitations of liability do not apply to claims under product liability law or to liability for injury to life, body, or health.

Safety Notice: encirkl and Berlin Green Quest encourage physical activity in public spaces. Please always pay attention to your own safety and that of other road users. Do not look at your smartphone while walking. The Operator recommends completing loops only during daylight hours and in safe areas — with the exception of specially curated night events.

§ 9 Termination

(1) Users may terminate the usage relationship at any time by uninstalling the app and deleting their wallet card. Upon request, all personal data will be deleted (see Privacy Policy).

(2) The Operator may terminate the usage relationship with 14 days' notice. In the case of serious violations of § 4 of these Terms, termination without notice is possible.

(3) Upon termination of the usage relationship, all badges and partner benefits expire. No claim for continued validity or compensation exists.

§ 10 Special Conditions for Partners

(1) Separate partnership agreements apply to Anchor Partners (Tier 1), Route Partners (Tier 2), and Mission Partners (Tier 3). These Terms apply supplementarily insofar as the partnership agreement does not contain deviating provisions.

(2) Partners receive access to anonymised, aggregated usage data (e.g. frequency counts, area data) in accordance with the Privacy Policy and the respective partnership agreement.

(3) Partners are not permitted to share the data they receive with third parties or to use it for purposes outside the agreed partnership.

§ 11 Changes to These Terms

(1) The Operator reserves the right to amend these Terms with reasonable notice. Changes will be communicated via the app or on the website.

(2) If the user does not object to the amended Terms within 30 days of notification, the amended Terms shall be deemed accepted. Users will be specifically informed of the objection period in the notification.

§ 12 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not restrict mandatory statutory provisions of the country in which the consumer is habitually resident.

(2) The place of jurisdiction for all disputes arising from or in connection with these Terms shall be Berlin, provided the user is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed which most closely reflects the economic purpose of the invalid provision.

(4) The contractual language is German. This English version is provided for convenience only and does not constitute a legally binding translation. In the event of any discrepancy, the German version shall prevail.

Last updated: April 2026 · For questions about these Terms, please contact contact@cursusx.de.

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© 2026 encirkl · Marian Kulisch · Berlin