Fair rules

These terms govern the use of JustSawIt and the contractual relationship between users and the platform operator.

Operator:
Schmitzundkunzt e.V.
(Postal address)
Wittekindstraße 35
50937 Köln
Germany

Additional information about the operator is available in the imprint.

JustSawIt enables users to report, discover and share information about finds and free-to-take items in their area.

The platform provides technical functions such as accounts, map display, find previews, notifications, moderation and support. It does not itself own, sell, reserve, transport or guarantee the availability of reported items.

A find report is information supplied by a user. It is not a binding offer, reservation or promise that an item will still be present when another person arrives.

Some functions require registration. Information submitted during registration must be accurate and kept up to date.

• Choose an alias that does not infringe the rights of others or create a misleading identity.
• Keep passwords and access data confidential.
• Do not allow another person to use your account in a way that circumvents these terms.
• Notify support if you suspect unauthorised account access.

Users are responsible for activities carried out through their account unless they are not responsible for the misuse.

Users may submit texts, images, categories, location information and other content required for a find report.

You may only submit content that you are legally permitted to use. Content must be accurate to the best of your knowledge and must not violate laws, third-party rights or the Community Rules.

• Only report items located in publicly accessible space. Items on private property, in gardens, garages, courtyards, buildings or other non-public areas must not be reported.
• No invented, deceptive, artificially generated or deliberately outdated find reports.
• No unnecessary personal or sensitive data, private documents, licence plates, access information or identifiable house details.
• Photos showing recognisable children or young people are prohibited. Other recognisable persons may only be shown where a lawful basis exists.
• No content that infringes copyright, privacy, personality, data-protection or trademark rights.
• No advertising, QR-code promotion, affiliate content, spam or disguised sales offers.
• No dangerous, prohibited or unlawful items and no reports that encourage entry into restricted, unsafe or private areas.

You remain responsible for the content you submit and confirm that you have checked the location and image before submission.

You retain your existing rights to texts, images and other content you submit.

For the operation and promotion of JustSawIt, you grant the operator a non-exclusive, worldwide, royalty-free right, without a fixed time limit and for all media required for these purposes, to store, reproduce, technically process, resize, crop, format, display, distribute and make the submitted content publicly available.

This right includes presentation on maps, find pages, public previews, notification e-mails, moderation views, backups, technically necessary cached versions and use in editorial communication, press work, presentations, newsletters, social-media channels, printed materials and advertising for JustSawIt. The operator may also create technically or editorially adapted excerpts, provided the character of the content is not materially distorted.

You confirm that you created the content yourself or hold all rights required for this licence. Copyright and other transferable rights remain with the respective rights holder. The operator does not acquire an exclusive right and will not sell the content as an independent work.

The platform may only be used for lawful and intended purposes. The Community Rules form part of these terms.

In particular, users must not:

• manipulate, disrupt, overload or probe the platform or its security systems;
• automatically collect data without prior permission;
• circumvent access restrictions, moderation or rate limits;
• impersonate other people or organisations;
• publish unlawful, dangerous, discriminatory or abusive content;
• use the platform for fraud, advertising, commercial spam or illegal transactions.

Users may report questionable content or contact support. Reports should be made in good faith and include sufficient information for review.

The operator may request additional information, preserve relevant evidence and involve authorised moderators or service providers where necessary.

Users must not misuse reporting functions to harass others, suppress lawful content or create unnecessary workload.

Content moderation does not create a general obligation to monitor all user activity continuously. The operator acts on sufficiently specific notices and may use the digital house rules to secure, restrict or remove content while a report is being reviewed.

The operator aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

Functions may be temporarily restricted because of maintenance, security incidents, technical faults, capacity limits, legal requirements or changes to third-party services.

The operator may develop, modify, replace or discontinue functions where this is reasonable, particularly for security, legal compliance, usability or technical development. Essential contractual interests of users will be considered.

Find reports are primarily submitted by users. The operator cannot guarantee that all descriptions, images, locations, availability information or other user statements are complete, accurate or current.

Users must assess local conditions responsibly, remain in publicly accessible areas and comply with property rights, traffic rules, safety requirements, barriers and instructions given at the location. JustSawIt never invites users to enter private property, buildings, railway facilities, construction sites or other restricted areas.

A report does not establish that an item is ownerless, free of charge or legally available for collection. In particular, bulky waste may already have been registered for municipal collection or may be subject to ownership, possession, waste-law or local rules. Users must independently verify whether taking an item is permitted.

JustSawIt does not arrange ownership transfers and is not responsible for unsuccessful journeys, collection attempts, agreements, encounters or disputes between users, owners, waste-management companies or other third parties, except where mandatory law provides otherwise.

The operator is liable without limitation for intent and gross negligence, for injury to life, body or health, under mandatory statutory liability and where a guarantee has expressly been given.

In cases of ordinary negligence, the operator is liable only for breach of an essential contractual obligation whose fulfilment makes proper performance possible and on which users may regularly rely. In such cases, liability is limited to foreseeable damage typical for the contract.

Any further liability is excluded to the extent permitted by law. Statutory rights that cannot be restricted remain unaffected.

The operator is not liable merely because user content is inaccurate, an item is no longer available, a location is inaccessible or a third party acts unlawfully, unless the operator is legally responsible in the individual case.

Users may stop using the platform and request deletion of their account through the available account or support functions.

The operator may terminate the user relationship or suspend an account where there is a valid reason, including serious or repeated violations, security risks, misuse, legal obligations or prolonged technical inactivity.

Before permanent suspension, a warning may be issued where appropriate. An immediate suspension remains possible where necessary to prevent harm, secure evidence, comply with law or protect the platform.

Deletion of an account does not necessarily require immediate deletion of all data where retention is legally required or necessary for claims, security, abuse prevention, moderation records or technical backups. Details are set out in the Privacy Policy.

These terms may be updated where legal requirements, platform functions, security needs or operational processes change.

Material changes will be communicated in an appropriate manner before they take effect. Where consent is legally required, the changed terms will not apply without the necessary agreement.

Editorial corrections, clarifications and changes that do not materially disadvantage users may be published directly.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which a consumer habitually resides remain unaffected.

If the user is a merchant, a legal entity under public law or a special fund under public law, Cologne is the exclusive place of jurisdiction for disputes arising from the user relationship, to the extent such an agreement is legally permitted. Statutory places of jurisdiction apply to consumers.

If individual provisions are invalid or unenforceable, the remaining provisions remain unaffected. The statutory rule applies in place of the invalid provision.

Questions about these terms can be submitted through the contact form.