General Terms and Conditions (Terms & Conditions)
Summary
Scope of Application
These conditions apply to everyone who uses the Qrush app – whether you are a user planning events and wanting to meet new people, or an organizer organizing events. You must be of legal age and must not have any criminal record for sexual offenses. The rules apply to all business between you, us, and the organizers and can be adjusted if laws change or other important reasons arise.
Our Services for Users
The app can be used free of charge, certain functions require a profile. Content may not be copied or used outside the app. The range of functions may change or be discontinued, and there is no claim to constant availability. We do not actively check whether all users are suitable, but can intervene in case of violations.
Our Services for Organizers
Organizers can advertise events in the app. The details regarding advertising measures and compensation are always agreed individually, individual agreements take precedence over general rules.
Your Duties as a User
Follow the community rules. Only register with your own phone number or your own Apple/Google account. We may require proof of identity. Make sure your content does not violate any rights – in case of violations, we may block or delete your profile.
Deals in the App
Through Qrush, you can use deals like discounts, free entry, or benefits at participating organizers. Redemption takes place on-site with the event staff. Changes or restrictions are possible at any time. The contractual partner for the deal is always the organizer, not Qrush.
Rights to Your Content
Qrush receives the right to use your content shared in the app, except chat messages – these remain private, unless a report is filed.
Membership and Payment
Paid subscriptions ("Qrush Plus") are paid in advance and renew automatically unless canceled. Fees may be adjusted, with special cancellation rights for members.
Duration and Cancellation
Subscriptions run according to the selected period and renew automatically. Cancellation is possible at any time at the end of the paid period. Special cancellation is possible for important reasons.
Warranty and Liability
Qrush is an intermediary and not a provider of event services. The app is provided without warranty. We are only liable for intent, gross negligence, or damage to life, body, or health.
Our Brands and Rights
Trademarks, logos, and content belong to Qrush and may not be used outside the app. We protect intellectual property and block access for repeated violations.
Final Provisions
German law applies to disputes, unless other mandatory provisions exist. Invalid regulations do not affect the validity of the remaining provisions.
Right of Withdrawal
Consumers have a 14-day right of withdrawal from the conclusion of the contract. Refunds are made via the original payment method.
1. Scope of Application
1.1 Contracting Party
Your contracting party is Qrush GmbH ("Qrush" or "we" or "us"), represented by the management.
1.2 User Groups
The users of our services, specifically in the form of our Qrush app ("App"), are divided into those users who want to plan visits to events via the app and establish personal contacts with other people in connection with, in advance of, or following such events (Users) on one side, and users who organize the aforementioned events or parts thereof ("Organizers"). Users are always natural persons and organizers are always entrepreneurs within the meaning of § 14 BGB.
1.3 Prerequisites
We are only willing to enter into legal relationships with persons of legal age and with persons who have not been the subject of investigative proceedings for one or more sexual offenses or have been convicted thereof.
1.4 Validity of Conditions
These General Terms and Conditions apply to all legal transactions between Qrush, users, and organizers. Also for subsequent transactions, even if they are not referred to again when they are concluded. Express other agreements on the contract content, in particular individual agreements with organizers, take precedence over these conditions.
1.5 Changes
We are entitled at any time to adapt and supplement the General Terms and Conditions for existing business relationships, insofar as changes in legislation or jurisprudence require it or other circumstances lead to the contractual equivalence relationship being more than insignificantly disturbed. A subsequent change to the terms and conditions becomes effective if you do not object within one month after notification of the change. If you object to the change notification, we have an extraordinary right of termination with a notice period of one month.
2. Subject Matter and Our Services to Users
2.1 Basics
The subject matter of the contract results from these General Terms and Conditions as well as our Community Guidelines.
2.2 App Usage
The focus is on the free usage possibility of our app. Every user who downloads the app from the App Store must accept these terms and conditions at the beginning. The app can generally only be used with a user profile. It is reserved to provide individual functions even without a user profile and/or registration. Some functions, such as creating a profile, interacting with other users, saving favorites, and using deals, currently require setting up a user profile.
2.3 Usage Prohibition
It is expressly prohibited to extract content from our app, regardless of the technical method, and to use it for your own purposes, including private ones.
2.4 Function Changes
The respective range of functions of our app is subject to constant change and can be changed, adapted, expanded, or reduced by us at any time. However, we will always inform our users about changes that affect the user experience.
2.5 Discontinuation of the App
In the same way, we can also discontinue the app at any time without users having a right to the app continuing to function. Insofar as paid subscriptions have been concluded, the supplementary information under section 7 applies.
2.6 Availability
We assume no responsibility for the permanent technical availability of our app.
2.7 Background Checks
We are neither willing nor obligated to obtain further information or background checks about our users to ensure that persons who register in our app are also suitable for this purpose. However, should we receive our own knowledge about this through reports, we will take measures against such users according to our Community Guidelines.
3. Subject Matter and Our Services to Organizers
3.1 Basics
The subject matter of the contract results from these General Terms and Conditions as well as individual agreements with the organizers. The latter always take precedence in case of contradictions.
3.2 Advertising Opportunities
Organizers have the opportunity to advertise their events via our app. The specific advertising measures and the compensation to be paid for this are always individually determined between the parties and are based on an offer that must be accepted by the organizer.
4. Tasks and Duties of Users
4.1 Community Guidelines
All users are obligated to adhere to the Community Guidelines.
4.2 Registration
To create a profile, only phone numbers and Apple or Google accounts that are assigned to the user may be used. The use of third-party phone numbers or accounts is prohibited.
4.3 Proof of Identity
We are entitled at any time to require proof of identity from individual users while protecting their rights. These are used exclusively for identity verification and for checking violations of the Community Guidelines. In case of refusal by the users, the profile can be deleted and the contract terminated.
4.4 Content Responsibility
Our users are solely and exclusively responsible for using only content in the context of app usage that does not violate our Community Guidelines or violate the rights of third parties. In case of violation, we will either temporarily block the profile or delete it entirely.
5. Services and Use of Deals
5.1 Deal Mediation
Qrush mediates various deals at participating organizers via the app. These can include, for example, 2-for-1 offers on admission or drinks, free admission, skipping queues, discounts, or other benefits.
5.2 Availability
The available deals as well as the participating organizers can change at any time. Deals can be time-limited and quantity-limited (quotas). Information about this is displayed in the app.
5.3 On-Site Redemption
The use of deals takes place directly on-site with the event staff. Prior booking in the app is not required. Each deal can only be used once per event.
5.4 Proof
Users must actively inform the staff at the event about the deal and show it in the app.
5.5 Confirmation
Redemption is carried out by the event staff via the app or under their direct supervision. The decision about redemption lies exclusively with the event staff. A deal is only considered redeemed if this is confirmed by the event staff or has taken place under their supervision.
5.6 Restrictions
Redemption of deals is only possible on-site. Use with delivery, pickup, or outside the specified timeframe is excluded.
5.7 House Rules
Users must adhere to the house rules of the respective event. In case of violations, redemption of deals can be refused or prohibited.
5.8 Contracting Party
The contract for services at the event is concluded exclusively between the organizers and the user. Qrush only mediates the deals via the app but is neither a contracting party nor an agent of the organizers.
5.9 Liability Exclusion
Qrush assumes no liability for content, scope, fulfillment, or quality of the deals offered at the events. Likewise, Qrush is not responsible for the withdrawal or refusal of deals at the events, unless gross negligence or intent on the part of Qrush exists.
6. Rights to Users' and Organizers' Content
6.1 Usage Rights
Regarding all information, documents, and data used in the app, we are granted a worldwide, unlimited, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise and distribute, or otherwise make publicly available all or parts of your content, in any currently available or future-developed format.
6.2 Chat Exception
However, this expressly does not apply to the content of chats. We are exclusively entitled to view these in case of a report and use them for review purposes.
7. Membership Fee and Payment Conditions for Qrush Plus
7.1 Fee Obligation
The member commits to paying the fee agreed for membership in the paid subscription "Qrush Plus" (hereinafter "membership fee"). The membership fee depends on the chosen tariff option (monthly, quarterly, or annually) and is due in advance. When concluding an annual subscription, a free trial period may be granted. The first payment is made after the trial period expires.
7.2 Payment Methods
The membership fee is automatically collected via the payment method chosen by the member. Payment for the subscription is made through the respective App Store (Apple App Store / Google Play Store). The available payment methods depend on the options accepted by the store, e.g., credit card, debit card, Apple Pay, Google Pay, or store credit. Refunds and cancellations are handled according to the respective store's terms.
7.3 Failed Payments
If a payment fails due to insufficient account balance or other reasons attributable to the member, the member bears the resulting additional costs. Qrush can alternatively charge a flat fee of €5, unless the member proves that no or lower costs have been incurred. Further claims by Qrush remain unaffected.
7.4 Offsetting
The member is only entitled to offset their own claims against Qrush's claims if these are legally established, undisputed, or acknowledged by Qrush.
7.5 Fee Adjustments
Qrush is entitled to adjust membership fees at reasonable discretion to compensate for changed total costs of service provision. Relevant cost components include, in particular, expenses for development, maintenance and operation of the app, customer service, sales, marketing, administration, as well as taxes and levies. A fee increase becomes effective at the earliest with the due date of the next payment and does not apply retroactively to amounts already paid.
7.6 Notification of Changes
Changes to the membership fee are communicated to the member at least six weeks before they take effect by email to the address stored in the user account. In this case, the member has the right to extraordinarily terminate the membership contract at the time of the fee increase until at most one week before it takes effect. Qrush specifically points out this right of termination in the context of the change announcement.
8. Duration and Termination for Qrush Plus Subscriptions
8.1 Contract Start
Membership begins with the conclusion of the contract. It runs for an indefinite period or for a fixed agreed term (e.g., monthly, quarterly, or annually) depending on the agreement.
8.2 Trial Period
If a free trial period is agreed, the term mentioned in section 8.1 automatically begins with the expiration of the trial period.
8.3 Automatic Renewal
Time-limited subscriptions (e.g., monthly, quarterly, annually) are automatically renewed for the originally chosen term, provided the member does not cancel before the respective renewal.
8.4 Right of Termination
The member can cancel at any time. The cancellation becomes effective at the end of the already paid billing period. No refund of fees already paid for the current period is made.
8.5 Forms of Termination
Cancellation can be declared via the function provided in the app or in writing by post to Qrush GmbH, Zum Sportplatz 5, 01723 Kesselsdorf, Germany.
8.6 Extraordinary Termination
The right to extraordinary termination for important cause remains unaffected. An important cause for us exists in particular if the member is in arrears with payments for more than 30 days or seriously violates the contractual conditions.
9. Warranty Exclusion and Liability Limitation
9.1 Mediation Role
Qrush exclusively mediates the conclusion of contracts for services between users and participating organizers. Qrush is not itself a provider of these services. The participating organizers are not representatives or agents of Qrush; conversely, Qrush is not a representative or agent of the organizers.
9.2 Service Responsibility of Organizers
Qrush assumes no warranty and no liability for content, scope, fulfillment, and quality of the services offered by organizers or their availability. Likewise, Qrush is not responsible if an organizer – contrary to the description in the app – refuses to redeem a deal. The decision authority over redemption lies exclusively with the organizer.
9.3 Warranty Exclusion for the App
The Qrush app is provided "as is" and "as available." We exclude, to the extent legally permissible, all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. This also includes no assurances regarding:
- Reliability, timeliness, accuracy, and performance of the Qrush app
- Information, advice, or services provided or advertised via the Qrush app
- Results arising from the use of the Qrush app
- Correction of errors in the Qrush app
- Materials or data retrieved via the Qrush app
- Business with or as a result of the presence of marketing partners or third parties in the app
9.4 Liability Limitation
Qrush as well as our legal representatives and agents are only liable for intent. Only when essential contractual obligations are affected, liability also exists for gross or slight negligence, whereby liability is limited to foreseeable, contract-typical damage. The liability limitation does not apply to damage from injury to life, body, or health, as well as to claims under the Product Liability Act or in case of an expressly assumed guarantee or fraudulent deception.
10. Our Copyright, Trademark, and Other Intellectual Property Rights
10.1 Property Rights
Our trademarks, logos, service marks, service marks, and service names are intellectual property of Qrush. Unless usage rights are expressly granted, use outside our app is prohibited.
10.2 Protection of Intellectual Property
We respect the intellectual property of others, and we expect the same from our users and organizers. We may, under reasonable circumstances and at our discretion, remove or block access to material that we believe violates the intellectual property rights of others. We may also restrict or terminate access to our platform for those we assume have repeatedly violated intellectual property rights.
11. Final Provisions and Severability Clause
11.1 Change of Conditions
Qrush may change or update these General Terms and Conditions with effect for the future if this is necessary for technical, economic, or legal reasons and does not represent a fundamental change to the contractual relationship that would be equivalent to a new conclusion. Changes will be communicated to you at least six weeks before the intended effective date to the email address stored in your user account. You can agree to or object to the changes until the day they take effect. If no objection is made, the changes are deemed accepted. In case of an objection, the previous conditions will continue, but Qrush is entitled to extraordinarily terminate the contractual relationship with a notice period of four weeks. The change notification expressly points out the right of objection, the deadlines, and the consequences of a failure to object.
11.2 Form Requirement
Changes or additions to the contract require text form. A waiver of the text form requirement is only effective if it is confirmed by both parties in text form within one week.
11.3 Jurisdiction
As exclusive jurisdiction for all legal disputes arising from this contract, our business location is agreed, provided you are a merchant, a legal entity under public law, or special assets under public law, or if you do not have a place of jurisdiction in the Federal Republic of Germany.
11.4 Applicable Law
Unless mandatory legal provisions under your home law conflict, German law applies excluding the UN Sales Convention. The legal provisions on the limitation of choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.
11.5 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions. Invalid or unenforceable provisions are to be replaced by effective regulations that come closest to the economic purpose of the invalid provisions.
11.6 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Qrush is not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Withdrawal Instructions
Consumers have a fourteen-day right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Qrush GmbH, Zum Sportplatz 5, 01723 Kesselsdorf, Germany, Email: contact@qrushapp.de
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is however not prescribed.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we have to repay to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), promptly and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such repayment using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged fees for such repayment.
If you have agreed that the service shall begin during the withdrawal period, then you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form
(If you want to withdraw from the contract, then please fill out this form and send it back.)
● To Qrush GmbH, Zum Sportplatz 5, 01723 Kesselsdorf, Germany, Email: contact@qrushapp.de
● I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service () ● Ordered on ()/received on (*) ● Name of consumer(s) ● Address of consumer(s) ● Signature of consumer(s) (only if this form is notified on paper) ● Date
(*) Delete as appropriate.
End of Withdrawal Instructions
Status: 08/2025