Terms of Use (AGB)

These Terms of Use govern the contractual relationship between you and the operator of the EuroPrisma platform. The Community Standards (part of these Terms, see Section 6) and the Privacy Policy apply in addition.

1. Scope and provider

1.1 These Terms of Use apply to the use of the EuroPrisma platform, accessible at europrisma.eu (hereinafter the "platform").

1.2 The provider and contractual partner is:

Latuke UG (haftungsbeschränkt) i. Gr. Roonstraße 23a 76137 Karlsruhe Germany

E-mail: info@latuke.com

(hereinafter "we", "us", or "operator"). EuroPrisma is a product name of the operator.

1.3 A user within the meaning of these Terms is any natural person who accesses the platform or maintains an account on it (hereinafter "you" or "user").

1.4 These Terms of Use apply exclusively. Deviating terms of the user do not apply.

2. Subject matter and description of the platform

2.1 EuroPrisma is a free discussion and participation platform. It shows events relevant across Europe and assigns them so-called framing axes: in each case two opposing evaluation poles, on which users can vote their own position and write comments. The aim is to make visible how people in different European countries classify the same events.

2.2 The selection of events, the summaries, and the framing axes are created and curated with the help of Artificial Intelligence. This content is labelled on the platform as automatically created (Art. 50 AI Act). It does not represent an editorial opinion of the operator. We also use AI systems to assist in the moderation of content. However, final decisions on the removal of content or the blocking of accounts are always made by a human; a decision based solely on automated processing with legal effect does not take place.

2.3 The values displayed per country reflect the participation and position distribution of the voting users (the share of registered users from a country who have voted). They are not a reflection of media coverage and not a representative survey.

2.4 The platform is provided free of charge. There is no claim to constant, uninterrupted, or error-free availability (see Section 12).

2.5 We reserve the right to change, expand, or discontinue functions, content, and the scope of the platform at any time, to the extent this is reasonable for you.

3. Formation of the user contract

3.1 Merely viewing publicly visible content is possible without an account and does not establish any contract beyond the validity of these Terms.

3.2 An account is required for voting and commenting. Account creation is exclusively via Google Single Sign-On. We do not offer registration with e-mail and password.

3.3 Upon completion of account creation, a free user contract regarding the participation functions of the platform is formed between you and us. This requires confirmation of these Terms of Use and of the minimum age (Section 4).

3.4 There is no claim to the creation or continued existence of an account. We may refuse account creation without giving reasons, to the extent this does not violate the prohibition of discrimination or other mandatory law.

4. Minimum age

4.1 Use of the participation functions requires a minimum age of 16 years (Art. 8 GDPR).

4.2 When creating an account, you confirm that you have reached this minimum age by means of an active, not pre-selected confirmation. We do not collect a date of birth.

4.3 If we become aware that an account is held by a person under 16 years of age, we will delete that account.

5. Obligations and permitted use

5.1 You undertake to use the platform only within the scope of applicable laws, these Terms of Use, and the Community Standards (Section 6).

5.2 In particular, you refrain from:

• posting unlawful, insulting, discriminatory, threatening content or content that violates the personality rights of third parties (details in the Community Standards),
• any form of manipulation of votes or of the visibility of content, for example through multiple accounts, automated scripts, bots, or coordinated behaviour,
• circumventing or disrupting the platform's technical protective measures,
• the automated reading out (scraping) or bulk retrieval of content without our prior consent,
• pretending to be another identity or incorrectly stating a country affiliation for deceptive purposes,
• any circumvention or disruption of the protective mechanisms we use to detect automated or coordinated manipulation (cf. Privacy Policy Sections 6 and 7).

5.3 You are responsible for all activities under your account and keep your access credentials for the linked Google account secret.

6. Community Standards

6.1 The Community Standards are a binding part of these Terms of Use. They specify which content and behaviour are not permitted on the platform and describe which content expressly remains permitted.

6.2 A violation of the Community Standards is a violation of these Terms of Use and may result in measures under Section 9.

7. User-generated content and grant of rights

7.1 Content that you publish on the platform (in particular comments) remains your content. However, you grant us a simple, spatially and temporally unlimited, free right of use to store, display, technically reproduce this content within the scope of platform operation, and to translate it automatically for display in the supported languages (cf. Privacy Policy Sections 8 and 10).

7.2 The right of use does not end automatically with the deletion of your account, insofar as your content is retained in pseudonymised form to preserve the traceability of the course of the discussion. In this case, the attribution to your user account and directly identifying data (in particular e-mail address, IP address, user agent, and device fingerprint) are removed; your content will in future appear only under a neutral identifier with no reference to your person (cf. Privacy Policy Section 13.1). You can remove individual content yourself beforehand (see also Section 15.3).

7.3 You warrant that you are entitled to publish your content and that it does not infringe the rights of third parties (in particular copyright, trademark, or personality rights). You do not publish any personal data of third parties without their consent.

7.4 We do not assume any obligation to publish, store, or permanently keep your content available.

8. Reporting content (Notice-and-Action)

8.1 You can report content that you consider to be unlawful or a violation of the Community Standards to us via the reporting function ("Report") on each comment (Art. 16 DSA). The report is made anonymously: in doing so we collect neither your identity nor a contact address, and we also do not store any technical identifiers relating to the report.

8.2 Sufficiently substantiated reports give us knowledge within the meaning of the liability rules (see Section 13.3). We process reports promptly, carefully, and not arbitrarily. As reports are made anonymously, we cannot send you an individual confirmation of receipt or notification of the decision pursuant to Art. 16(4) and (5) DSA. Independently of this, the statutory legal remedies, including judicial and administrative proceedings, remain open to you.

9. Measures in the event of violations

9.1 If content or behaviour violates applicable law, these Terms of Use, or the Community Standards, we may, at our dutiful discretion and while preserving proportionality, take in particular the following measures:

• notice or warning,
• removal or blocking of individual content,
• temporary restriction of functions (e.g. commenting, voting),
• temporary or permanent blocking of the account.

9.2 In selecting the measure, we take into account the type and severity of the violation, any fault, the frequency, and your interests worthy of protection, in particular your freedom of expression and information. Permanent blocking is considered only in the case of serious or repeated violations.

9.3 We notify you of a decision by which we remove or block one of your items of content or restrict your account, with a clear and comprehensible statement of reasons (Art. 17 DSA). The statement of reasons names the relevant facts, the legal basis or rule applied, and the legal remedies under Section 10. The statement of reasons is displayed to you in-app in the "My contributions" area of your profile.

9.4 Measures based on flags indicating coordinated manipulation or automated multiple votes (cf. Privacy Policy Sections 6 and 7) are not carried out solely on an automated basis; every flag is reviewed by a human before a measure is taken.

10. Objection and legal recourse

10.1 If you do not agree with a measure under Section 9, you can notify us of this informally by e-mail to info@latuke.com. We provide this objection option voluntarily.

10.2 We review substantiated objections where possible; we do not promise any particular processing period. If a measure proves to be unfounded, we reverse it.

10.3 Independently of this, legal recourse is open to you at any time.

10.4 Under the Digital Services Act (DSA), we are deemed a micro-enterprise within the meaning of Art. 19 DSA. We are therefore exempt from the obligation to set up a formal internal complaint procedure under Art. 20 DSA. Independently of this, we provide you with the voluntary objection option described in Section 10.1; in addition, legal recourse as well as recourse to administrative and out-of-court complaint procedures under the DSA and other law remain open to you at any time.

10.5 If the measure concerns the processing of your personal data, your rights under the Privacy Policy (Section 16 there) and the right to lodge a complaint with a data protection supervisory authority additionally apply.

11. Protection of the integrity of the platform

11.1 To safeguard the meaningfulness of the position distributions displayed, we use technical measures against automated and coordinated manipulation. Which data we process for this during write actions, and on what legal basis, is described in the Privacy Policy (Sections 6 and 7). General monitoring of all content does not take place; however, we will take action if we receive concrete indications of legal violations or abuse.

11.2 Obtaining votes by deception, falsifying votes, or duplicating votes is prohibited and may lead to measures under Section 9.

12. Availability

12.1 We endeavour to ensure high availability of the platform but do not owe it. Maintenance work, technical faults, or circumstances beyond our control may lead to restrictions or interruptions.

12.2 As the platform is provided free of charge, there is no claim to a particular availability, a particular range of functions, or the permanent provision of individual content.

13. Liability

13.1 For intent and gross negligence, as well as in the event of injury to life, body, or health, we are liable in accordance with the statutory provisions.

13.2 In the case of simple negligence, we are liable only in the event of a breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely) and limited to the foreseeable damage typical of the contract. Otherwise, liability for simple negligence is excluded. Liability under the Product Liability Act remains unaffected.

13.3 We are not responsible for content posted by users; this is third-party content within the meaning of §§ 7 ff. TMG/DDG and Art. 6 DSA. Liability for unlawful user content arises only upon knowledge of a concrete legal violation and only if we do not remove the content or block access without undue delay.

13.4 There is no general obligation to proactively monitor all content posted by users or to investigate unlawful activities (Art. 8 DSA).

13.5 We assume no warranty for the accuracy, completeness, or topicality of the content created with the help of Artificial Intelligence (event selection, summaries, framing axes, translations) or of the content posted by users.

14. Data protection

Information on the processing of your personal data can be found in the Privacy Policy. It is not part of the contract but fulfils our information obligations under Art. 13 and 14 GDPR.

15. Term, termination, and account deletion

15.1 The user contract is concluded for an indefinite period.

15.2 You can terminate the contract at any time without notice and without giving reasons by deleting your account via the settings.

15.3 Upon deletion of your account, your account data is deleted; your votes and comments are pseudonymised and retained to preserve the course of the discussion (details in the Privacy Policy, Section 13.1).

15.4 We may terminate the contract ordinarily with reasonable notice or, in the case of serious violations, extraordinarily. Measures up to and including account blocking are governed by Section 9, the objection and legal recourse option by Section 10.

16. Changes to these Terms of Use

16.1 We may change these Terms of Use with effect for the future if this is necessary due to a changed legal situation, supreme court case law, changed functions of the platform, or for comparable objective reasons, and you are not unreasonably disadvantaged thereby.

16.2 We will inform registered users of significant changes at least 30 days before they take effect, in text form (e.g. by e-mail or notice at the next login). If you do not object within the stated period and continue to use the platform, the changed terms are deemed accepted. We will point out this consequence separately in the notification. If you object, we are entitled to terminate the contract as of the time the change takes effect.

17. Final provisions

17.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, mandatory consumer protection provisions of the country of your habitual residence remain unaffected.

17.2 If a provision of these Terms of Use is invalid, the validity of the remaining provisions remains unaffected.

17.3 The German version of these Terms of Use is authoritative. Versions in other languages serve only to facilitate understanding.

17.4 Consumer dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG). The DSA dispute resolution under Section 10.3 remains unaffected.