Terms and Conditions (AGB) – Papi
Last updated: 16 September 2025
1. Scope & Provider
1.1 These Terms and Conditions (“Terms”) govern the use of the mobile application “Papi” (the “App”) as well as the associated website and all services provided through it (collectively, “Papi”).
1.2 Provider and contracting party: IBM – Sole Proprietor Wegedornstraße 271 12524 Berlin, Germany VAT ID: DE333174029 Tax No.: 36/422/04823
1.3 Papi is a platform through which registered users can provide, sell, and purchase digital content (including photos/images, videos, PDFs and similar files; collectively, “Content”). Content is provided exclusively in digital form; no physical goods are sold.
1.4 Use of Papi is permitted only to persons aged 18 or over. Age is actively queried before each purchase. By registering and with each purchase, the user confirms they are at least 18 years old.
1.5 These Terms apply worldwide. Mandatory consumer protection provisions of the country in which the user has their habitual residence (in particular within the EU) remain unaffected.
1.6 Definitions. As used in these Terms:
● Buyer: A registered user who purchases Content via Papi.
● Seller / Creator: A registered user who offers and sells Content via Papi.
● In-App Purchase: A purchase made within the App using the payment methods available on the respective platform.
● Web Purchase: A purchase made via the Papi website, which may be accessed through an external link (e.g., from social-media profiles).
● Payment Services: External payment service providers (e.g., Apple in-app purchases, Stripe, PayPal) that process payments.
● Wallet: The Seller’s virtual balance within Papi showing sales proceeds pending payout. The Wallet is not a bank account and bears no interest.
● Payout Period: The time between a payout request and receipt of funds in the Seller’s designated payout account.
● Platform Surcharge: A percentage surcharge on the purchase price, displayed separately at checkout and borne by the Buyer (currently 15%).
● Sales Commission: A percentage deduction from the Seller’s sales proceeds in favor of Papi (currently 15%).
● Transaction Costs: Fees charged by Payment Services (e.g., Stripe/PayPal fees), depending on the payment method.
2. Registration & User Account
2.1 A user account is required to use Papi. Registration requires a valid email address, a secure password, and any additional data requested.
2.2 Users must provide only truthful, current, and complete information and promptly update any changes. Credentials must be kept confidential and not disclosed to third parties.
2.3 Each user may operate only one account. Papi may block or merge multiple accounts.
2.4 The user confirms they meet the minimum age of 18. Papi may require age verification and restrict accounts until verification is completed.
2.5 Wallet & Balance. Sales proceeds are shown in the Seller’s Wallet. The Wallet reflects the Seller’s payout claim against Papi, provided there are no legal or contractual holds (e.g., chargebacks, suspected fraud, open disputes). The Wallet is not a payment service under German ZAG and is not interest-bearing.
2.6 Payouts. Sellers may instruct payouts to a saved bank or PayPal account. Payouts are made within 14 business days after request; delays caused by payment services/banks are outside Papi’s responsibility.
2.7 Papi may temporarily withhold or offset payouts in whole or in part where justified (e.g., chargebacks, suspected fraud, legal violations, outstanding claims against Papi).
2.8 Papi may temporarily suspend accounts, restrict features, or terminate access if a violation of these Terms or applicable law is suspected or established.
3. Purchase Process and Payments
3.1 Buyers can purchase digital Content offered by Sellers via Papi. Papi itself is not a party to the purchase contract between Buyer and Seller; Papi solely provides the technical platform and processes payments.
3.2 Purchase Types:
● In-App Purchases:
○ On iOS devices, payment is made exclusively via Apple Pay/In-App Purchases in accordance with Apple’s terms.
○ On Android devices, payment is made via Stripe or PayPal.
● Web Purchases: If the purchase is made via an external link, payment is processed exclusively via Stripe or PayPal.
3.3 Pricing:
● The Buyer pays the displayed purchase price plus a 15% Platform Surcharge, shown separately at checkout.
● Example: For an item priced at €10, the Buyer pays €11.50 (including the Platform Surcharge).
3.4 Distribution of Proceeds:
● After a successful purchase, the Seller receives the original item price (e.g., €10) less the 15% Sales Commission and Transaction Costs (Stripe/PayPal fees).
● Example: For a €10 sale, the Seller receives €8.50 minus any Stripe/PayPal fees.
3.5 Papi receives payments in trust, manages them, and—after any chargeback periods—credits the Seller’s Wallet.
3.6 The Seller can view their Wallet balance at any time in the App.
3.7 Papi accepts no liability for delays or disruptions caused by payment services, banks, or app-store providers.
4. Digital Content and Right of Withdrawal
4.1 All products offered via Papi are digital content made available to the Buyer immediately and exclusively in digital form upon completion of the purchase.
4.2 The Buyer expressly agrees that Papi will begin providing the digital content immediately after the purchase is completed. The Buyer acknowledges that their statutory right of withdrawal expires upon the start of provision of the content (Section 356(5) German Civil Code – BGB).
4.3 Returns, cancellations, or refunds after provision of digital content are excluded unless the content is demonstrably defective or incomplete.
4.4 Papi acts solely as an intermediary for contracts concluded via the platform between Buyers and Sellers and is not itself a contracting party. Papi assumes no warranty for the quality, legality, or accuracy of the Content offered by Sellers.
5. Prohibited Content and User Obligations
5.1 Sellers may not offer or upload Content via Papi that:
● violates applicable law or official orders;
● infringes copyrights, trademarks, personality rights or other third-party rights;
● is pornographic, harmful to minors, glorifies violence, is discriminatory, insulting, racist or extremist;
● incites hatred, violence or criminal acts;
● contains false, misleading or fraudulent statements;
● contains spam, malware or viruses.
5.2 Papi may block or delete such Content without prior notice and permanently block affected user accounts.
5.3 Users may not misuse the platform, in particular by:
● circumventing technical security measures;
● accessing Papi data, accounts or systems without authorization;
● using automated scripts or bots to manipulate the platform;
● taking actions that disrupt or endanger Papi’s operations.
5.4 Sellers are solely responsible for the Content they offer via Papi. Papi has no duty to monitor but reserves the right to conduct spot checks and take action in the event of violations.
5.5 In the event of a violation, the user is liable to Papi and third parties for all resulting damages and shall indemnify Papi against all third-party claims.
6. Liability
6.1 Papi is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health.
6.2 In the case of slightly negligent breach of essential contractual obligations (cardinal duties), Papi is liable only for the typical, foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the contractual partner regularly relies.
6.3 Papi assumes no liability for Content uploaded by Sellers. Sellers are solely responsible for its legality, quality, completeness, and accuracy.
6.4 Papi is not liable for outages, interruptions or technical disruptions of the platform due to causes beyond Papi’s control (e.g., force majeure, communication network failures, third-party attacks).
6.5 Where Papi’s liability is excluded or limited, this also applies to the personal liability of Papi’s legal representatives, employees, and vicarious agents.
7. Term and Termination
7.1 The user agreement is concluded for an indefinite period.
7.2 Termination by the User: The user may delete their account at any time without notice via the relevant in-app function. Any open Wallet balance will be paid out under the regular payout processes, provided there is no violation of these Terms.
7.3 Termination by Papi: Papi may terminate the user agreement at any time without notice, in particular in the event of breaches of these Terms, fraudulent actions, or other abusive behavior.
7.4 If Papi terminates without notice due to a user’s breach, any amounts not yet paid out in the Wallet forfeit. This serves to protect against future claims and complaints arising from the user’s misconduct.
7.5 Where technically possible, Papi will generally notify the user of termination and the reasons by email or in-app message.
7.6 After termination, the user is no longer entitled to use the platform or access stored Content.
8. Data Protection (Reference)
8.1 The processing of personal data is governed by Papi’s Privacy Policy as amended from time to time.
8.2 To provide functions and process payments, Papi uses processors/service providers. These particularly include Stripe (payments), Firebase (e.g., hosting/analytics/push, if used), and Twilio (communications/OTP, if used). These service providers process data solely on instructions and under contractual arrangements.
8.3 Automatically collected usage and device data (e.g., IP address, device/OS information, log and performance data) may be collected to enable operation, security, fraud prevention, and analysis/improvement of Papi. Details are set out in the Privacy Policy.
9. Rights in Content / Licenses
9.1 Seller Rights (Creators): By uploading Content, the Seller grants Papi a non-exclusive, worldwide, revocable, platform-operation-limited license to host, store, technically reproduce, make publicly available, and transmit the Content insofar as technically necessary to provide Papi’s services. No further exploitation by Papi takes place.
9.2 Buyer License: Upon purchasing Content, the Buyer receives a simple, non-exclusive, non-transferable, and non-sublicensable right of use for personal purposes. Sharing, public communication, reproduction beyond personal use, resale or other commercial use is prohibited without the Seller’s express consent.
9.3 Infringements: Sellers warrant they hold all rights necessary to upload and license the Content and do not infringe third-party rights.
10. Warranty Disclaimer / “As-is”
10.1 Papi is provided “as is” and “as available.” No assurances are given regarding uninterrupted availability, freedom from errors, or fitness for a particular purpose.
10.2 Sellers are solely responsible for the legal compliance, quality, and accuracy of Content they offer.
11. Changes to these Terms
11.1 Papi may amend these Terms with effect for the future. Material changes will be announced to the user by email at least 14 days before they take effect.
11.2 If the user does not object before they take effect and continues to use Papi after they come into force, the changes are deemed accepted. The change notice will inform the user of their right to object. In the event of objection, Papi may terminate the contract as of the change date.
12. Communications / Marketing
12.1 Papi may send the user transactional information (e.g., purchase/payout confirmations, security/legal information).
12.2 Marketing communications (e.g., newsletters) are sent only with consent (opt-in) and can be revoked at any time via an unsubscribe link or by contacting support.
13. Notice-and-Takedown / Repeat Infringements
13.1 Reports of legal infringements (e.g., copyright) can be sent to papi.world.app@gmail.com. Papi reviews reports and may temporarily block Content.
13.2 In cases of repeated or obvious infringements, Papi may permanently block user accounts (repeat-infringer policy).
14. App-Store Supplementary Provisions
14.1 Apple Inc. and Google LLC are not parties to these Terms and are not responsible for Papi or the Content. Use of the App is also subject to the app-store terms of the respective provider.
14.2 Apple/Google are not obligated to provide maintenance or support for Papi; all requests should be directed to Papi.
14.3 Payment compliance (digital content). For digital content within the iOS app, Papi uses Apple in-app purchases exclusively. For digital content within the Android app, Papi complies with Google Play Billing requirements. External payment methods for digital purchases are not offered within the iOS app.
14.4 External web purchases. Purchases via the Papi website may be processed separately via Stripe/PayPal. Within the iOS app, no buttons/mechanisms are provided that circumvent store payment rules.
14.5 UGC reporting. Papi provides an in-app report function. Reported Content is reviewed promptly; unlawful Content may be removed immediately and accounts blocked (see also §§ 5, 13, 17).
14.6 Refunds for in-app purchases. iOS in-app purchase refunds follow Apple processes; Android in-app refunds follow Google Play rules. Web purchases are governed by these Terms, particularly § 4 (digital content) and § 16 (defect/refund process).
14.7 Data transparency & store disclosures. Papi maintains the data transparency disclosures required by app stores (e.g., privacy link, SDK notes, data types/purposes) and links the Privacy Policy in-app and in the respective store.
15. Taxes / Duties
15.1 Sellers are solely responsible for the proper tax treatment of revenue earned via Papi (including VAT/income tax under applicable law).
15.2 Papi fees (Platform Surcharge/Sales Commission) are subject to VAT where applicable, unless stated otherwise.
16. Defect / Refund Process
16.1 Notwithstanding the exclusion of the right of withdrawal (§ 4), Buyers may report defects (e.g., corrupted file, wrong item) within 7 days of purchase to papi.world.app@gmail.com.
16.2 Papi coordinates the review with the Seller. If a defect is confirmed, Papi may, at its discretion, provide a replacement or refund; further claims are excluded.
17. Moderation / Appeals
17.1 Before a permanent block, users generally have the opportunity to submit a statement (appeal) within 7 days, except in cases of serious violations (e.g., criminal content, fraud, significant security risks).
17.2 Papi decides on blocks and their lifting at its reasonable discretion.
18. Final Provisions
18.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 If the user is a consumer and has their habitual residence in the EU or another country with mandatory consumer protection laws, those provisions remain unaffected and take precedence.
18.3 The place of jurisdiction for all disputes arising out of or in connection with these Terms is, where legally permissible, Berlin, Germany.
18.4 The contract language is German. Translations—especially into English—are for convenience only. In case of discrepancies, the German version prevails.
18.5 Should any provision be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid or unenforceable provision with a valid and enforceable one that comes as close as possible to the economic intent of the original provision.
18.6 Contact: For questions or support, Papi can be reached at papi.world.app@gmail.com.