Terms of Participation

§ 1 SCOPE AND DEFINITIONS

§ 1.1 Gnosis Service GmbH, Glogauer Straße 6, 10999 Berlin (“Gnosis”, “we”, “us”, “our”) operates the hiir application (the “hiir App”), which enables eligible users to discover and redeem offers from participating local merchants in one or more designated Berlin neighbourhood (each a “Kiez”) using a points-based system, as part of a limited pilot programme (the “Pilot”). The hiir App is currently available as a web application at https://app.hiir.world, as a mobile application for Android distributed through Google Play, and as a mobile application for iOS distributed through the Apple App Store. Gnosis may add, modify, or withdraw any access channel in accordance with § 11.2.

§ 1.2 In these Terms of Participation (“Terms”), the following definitions apply:

“Authentication Service Provider” means the third-party authentication service used by the hiir App for account creation and login.
“Bonus Pool” means the pool of hiir Points from which Kreuzer Bonuses are awarded, consisting of hiir Points that lapse under § 3.1(a) and any other hiir Points that Gnosis may allocate to it.
“Eligible Receipt” means a receipt that meets the requirements of § 3.7(a).
“hiir Points” means the digital points that eligible Users may earn through the hiir App, redeemable solely for Merchant Offers within the Pilot. hiir Points may be referred to by a local name in each Kiez (for example, “Kreuzer”), as communicated in the hiir App. Any such local name refers to hiir Points for the purposes of these Terms.
“Kiez” means the Berlin neighbourhood designated by Gnosis for the Pilot, as communicated in the hiir App.
“Kreuzer Bonus” means the hiir Points awarded to a User for an Eligible Receipt under § 3.7.
“Merchant” means a local business participating in the Pilot that makes Merchant Offers available through the hiir App.
“Merchant Offer” means a discount, deal, or other benefit made available by a Merchant to Users through the hiir App in exchange for hiir Points.
“User” or “you” means an individual who creates an account and participates in the Pilot.

§ 1.3 These Terms form a legally binding agreement between you and Gnosis governing your access to and use of the hiir App and your participation in the Pilot. By creating an account, clicking “Accept”, downloading or installing the hiir App from an app store, or otherwise accessing or using the hiir App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the hiir App.

§ 1.4 The Pilot is a limited, experimental initiative involving a small number of Users and a limited network of Merchants within one or more Kieze in Berlin. The Pilot is designed for deal discovery, redemption, and the Kreuzer Bonus only. You must not transfer, swap, sell, or use hiir Points outside the hiir App (see § 5.2).

§ 2 ELIGIBILITY AND ACCOUNT CREATION

§ 2.1 You may only use the hiir App and participate in the Pilot if you:

(a) are at least 16 years of age and legally capable of entering into a binding agreement under German law;

(b) are acting in compliance with all applicable laws, including consumer protection, tax, and data protection laws.

§ 2.2 To participate in the Pilot, you access the hiir App through a supported access channel (web browser or mobile application). The hiir App automatically generates an account for you; you do not create a username or password. You are required to provide an email address through the Authentication Service Provider at account creation; this email address is used for account recovery and Pilot-related communications. Your access credentials are stored locally on your device (in your browser’s local storage when using the web application, or in the operating system’s secure keystore when using a mobile application), not on Gnosis’s servers. Gnosis does not have access to, and cannot recover, your credentials. Your credentials may be lost if you clear your browser data, uninstall the mobile application, perform a factory reset, or otherwise lose access to the device storage where your credentials are held. In any such case, you may recover your account only through your registered email address, and only if you have activated email-based account recovery in the hiir App. If you have not activated account recovery, or if you also lose access to your registered email address, you may permanently lose access to your account and any associated hiir Points, and neither Gnosis nor any third party can restore it. Your device’s operating system or browser may sync local data, including your credentials, across devices or to external servers; Gnosis has no control over and assumes no responsibility for such third-party data handling practices. You are responsible for all activity that occurs under your account.

§ 2.3 Each User may create and maintain only one account. Gnosis reserves the right to suspend or deactivate duplicate accounts without notice.

§ 3 hiir POINTS

§ 3.1 Users may earn hiir Points through the hiir App using the following mechanisms:

(a) accrual of twenty-four (24) hiir Points for each calendar day on which you verify your local presence in a Kiez, during period of two (2) weeks following your first verification of local presence. No hiir Points accrue under this § 3.1(a) for any day on which you do not verify your local presence. Local presence may be verified by sharing your location through the hiir App or by scanning a designated QR code displayed at a Merchant location or on promotional materials within the Kiez. hiir Points accrued under this § 3.1(a) are credited to your balance only when you claim them in the hiir App. Accrued hiir Points that you do not claim within the period communicated in the hiir App, lapse without being credited and are allocated to the Bonus Pool;

(b) earning hiir Points upon redemption of a Merchant Offer, in the amount and under the conditions communicated in the hiir App;

§ 3.2 hiir Points may be redeemed exclusively for Merchant Offers displayed in the hiir App. The number of hiir Points required for a given Merchant Offer is set by the relevant Merchant. Redemption is subject to availability and any conditions specified by the Merchant.

§ 3.3 hiir Points are digital points available solely for use within the Pilot. You must not transfer, sell, trade, or otherwise dispose of hiir Points except by redeeming Merchant Offers through the hiir App, and Gnosis does not provide any functionality for transferring hiir Points between Users. hiir Points have no monetary value, no guaranteed purchasing power, and no exchange rate against any currency (including EUR). There is no entitlement to redeem hiir Points into any other currency (including euro) or to receive any currency payout (including euro). No person, including Gnosis, guarantees any particular value or utility for hiir Points.

§ 3.4 hiir Points are not: (a) electronic money, payment tokens, or financial instruments within the meaning of MiFID II, the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, ZAG), or the German Securities Trading Act (Wertpapierhandelsgesetz, WpHG); (b) claims against Gnosis for fiat currency, reimbursement, or compensation. The hiir App does not constitute a payment service, e-money service, digital-asset exchange, or trading venue.

§ 3.5 Participation in the Pilot does not entitle you to receive fiat currency, reimbursement, compensation, or any other payment from Gnosis. Any Merchant Offers redeemed using hiir Points are provided solely by the relevant Merchant under that Merchant’s own terms and conditions.

§ 3.6 There are no fees associated with participating in the Pilot, earning hiir Points, or redeeming Merchant Offers. Gnosis does not charge Users any platform, transaction, or earning fees.

§ 3.7 Kreuzer Bonus

(a) You may earn a Kreuzer Bonus by taking a photo of a receipt in the hiir App. A receipt is an Eligible Receipt only if: (i) it documents a purchase you made in person at a shop located in a Kiez; (ii) the shop is not a business excluded by Gnosis, as communicated in the hiir App; (iii) it displays a QR code or a signature of the till’s technical security system (technische Sicherheitseinrichtung, TSE) that allows Gnosis to verify the purchase; (iv) it has not previously been submitted by you or any other User; and (v) it is submitted within 48 hours of the purchase and meets any further conditions communicated in the hiir App. The shop does not need to be a Merchant or otherwise participate in the Pilot. hiir Points can be redeemed only for Merchant Offers in accordance with § 3.2, and not at any other shop.

(b) The number of hiir Points awarded as a Kreuzer Bonus is calculated by reference to the total amount shown on the Eligible Receipt, at the rate and subject to the maximum per receipt communicated in the hiir App. This calculation serves solely to determine the number of hiir Points awarded. It does not give hiir Points any monetary value, price, or exchange rate, and § 3.3 remains unaffected.

(c) Gnosis checks each submitted receipt. Where the receipt carries a till signature that Gnosis can verify automatically, Gnosis generally credits the Kreuzer Bonus immediately. Gnosis staff review all other receipts manually, generally within 24 hours, and Gnosis credits the Kreuzer Bonus after successful review. Gnosis automatically declines a receipt that is more than 48 hours old, has already been submitted, shows no amount eligible for a Kreuzer Bonus, or would exceed the Bonus Pool or the applicable budget per shop. If you believe that a receipt was declined in error, you may contact us at hello@hiir.world and a member of our team will review the decision. Gnosis may reject a receipt that does not meet the requirements of § 3.7(a), is illegible, or that Gnosis reasonably suspects to be falsified, altered, or submitted in breach of these Terms. Gnosis may reverse a Kreuzer Bonus credited on the basis of a receipt later found not to be an Eligible Receipt by deducting the corresponding hiir Points from your balance or, if your balance is insufficient, from hiir Points you earn later.

(d) Kreuzer Bonuses are awarded from the Bonus Pool and only to the extent the Bonus Pool holds sufficient hiir Points. Gnosis may set a maximum Kreuzer Bonus budget per shop, as communicated in the hiir App. Gnosis may change the rate, the maximum per receipt, the budget per shop, or the eligibility conditions in accordance with § 11.2 where this is required by the level of the Bonus Pool, observed misuse or fraud, technical or legal requirements, or the evaluation and further development of the Pilot. Notwithstanding § 11.2, if the Bonus Pool or the budget for a shop is exhausted, Gnosis may suspend the Kreuzer Bonus, in whole or for that shop, with immediate effect and will inform Users in the hiir App. You have no entitlement to a Kreuzer Bonus for receipts submitted while the Kreuzer Bonus is suspended.

(e) The Kreuzer Bonus is provided by Gnosis and not by or on behalf of the shop where the purchase was made. It is not a refund, rebate, or payment of any part of the purchase price, and it does not affect your contract with the shop. Gnosis has no responsibility for the purchase or for the shop’s products or services.

§ 4 PRIVACY AND DATA PROCESSING

§ 4.1 Gnosis processes your personal data in connection with the hiir App and the Pilot as described in our Privacy Policy, available at https://hiir.world/en/privacy. To exercise your data protection rights, contact us at hello@hiir.world.

§ 4.2 To create an account, earn hiir Points under § 3.1(a), and redeem certain Merchant Offers, you may need to verify your presence in a Kiez by sharing your location or scanning a QR code in the hiir App. Gnosis does not store your precise coordinates.

§ 4.3 When you submit a receipt for a Kreuzer Bonus, Gnosis processes the photo and the information on the receipt to verify eligibility, calculate the Kreuzer Bonus, and prevent fraud. Please do not include anything other than the receipt in the photo, and we recommend that you cover any card number shown on the receipt.

§ 4.4 Certain Pilot activity, including account creation, Kreuzer Bonus credits, and offer redemption events, is recorded on publicly accessible infrastructure under a pseudonymous identifier and cannot be modified or erased once recorded. If you delete your account, Gnosis deletes the link between your account and that identifier, so that the recorded data can no longer practically be attributed to you.

§ 5 PROHIBITED ACTIVITIES

§ 5.1 You must not use the hiir App in any way that:

(a) violates these Terms or any applicable law or regulation;

(b) involves fraud, money laundering, terrorist financing, or other unlawful activity;

(d) is deceptive, misleading, or harmful to other Users, Merchants, or Gnosis.

§ 5.2 You must not, directly or indirectly:

(a) transfer, sell, trade, gift, or otherwise dispose of hiir Points to any other person;

(b) purchase, acquire, or accept hiir Points from any other person;

(c) create, participate in, or facilitate any liquidity pool, exchange, trading platform, marketplace, or secondary market for hiir Points;

(d) attempt to manipulate your hiir Points balance through technical or other means, including by submitting falsified, altered, or duplicate receipts or receipts for purchases made by another person; or

(e) use hiir Points outside the hiir App or for any purpose other than redeeming Merchant Offers.

§ 5.3 If Gnosis reasonably determines that you have violated or are violating § 5.1 or § 5.2, Gnosis may, at its discretion and taking into account the nature and severity of the violation, apply one or more of the following measures:

(a) issue a warning notifying you of the violation and requiring you to cease the prohibited activity;

(b) restrict your access to the hiir App, preventing further earning or redemption of hiir Points through the hiir App until the matter is resolved;

(d) suspend your access to the hiir App for a specified period; or

(e) terminate and deactivate your account, in which case you will lose access to the hiir App and any remaining hiir Points will become permanently unusable.

Gnosis will select the measure or combination of measures that is proportionate to the violation. Gnosis will notify you of any measure taken under this § 5.3, stating the reason. Where the violation can be remedied, Gnosis will, where reasonably practicable, give you an opportunity to remedy the violation before applying measures under this paragraph.

Gnosis shall not be liable to you for any frozen or forfeited hiir Points, or loss of access resulting from a measure taken in good faith under this § 5.3.

§ 6 PARTICIPATING MERCHANTS

§ 6.1 Merchants participate in the Pilot as independent partners. They determine the Merchant Offers available through the hiir App, including the pricing in hiir Points and any conditions or limitations. Gnosis does not control, supervise, endorse, or guarantee any Merchant or Merchant Offer.

§ 6.2 Any transaction or interaction between you and a Merchant, including the redemption of Merchant Offers, is governed solely by the terms agreed between you and that Merchant. Gnosis is not a party to any such arrangement and has no responsibility or liability for any Merchant’s products, services, conduct, or compliance with applicable law.

§ 7 INTELLECTUAL PROPERTY

§ 7.1 Subject to these Terms, Gnosis grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the hiir App solely for the purpose of participating in the Pilot. Where the hiir App is made available as a mobile application through an app store, this right includes the right to download, install, and run a single copy of the hiir App on any device that you own or control, in accordance with the usage rules of the relevant app store. Except as expressly permitted above, you may not copy, modify, distribute, reverse-engineer, decompile, or host the hiir App or any part of it.

§ 7.2 All intellectual property rights in the hiir App, including its design, code, content, and branding, remain the exclusive property of Gnosis or its licensors. Nothing in these Terms transfers any intellectual property rights to you.

§ 7.3 App Store Provisions

The following provisions apply to the extent you access the hiir App as a mobile application downloaded from the Apple App Store or Google Play (each, an “App Store Distributor”):

(a) These Terms are entered into between you and Gnosis, not with the App Store Distributor. Gnosis, not the App Store Distributor, is solely responsible for the hiir App and its content.

(b) The licence granted under § 7.1 is limited to a non-transferable right to use the hiir App on any Apple-branded device that you own or control, in accordance with the usage rules set out in the Apple Media Services Terms of Service, or on any Android device in accordance with the Google Play Terms of Service, as applicable.

(c) Gnosis is solely responsible for providing maintenance and support for the hiir App. The App Store Distributor has no obligation to provide any maintenance or support services.

(d) To the maximum extent permitted by applicable law, the App Store Distributor has no warranty obligation with respect to the hiir App. If the hiir App fails to conform to any applicable warranty, you may notify the relevant App Store Distributor, and that App Store Distributor may refund the purchase price (if any) for the hiir App. To the maximum extent permitted by applicable law, the App Store Distributor has no other warranty obligation with respect to the hiir App.

(e) Gnosis, not the App Store Distributor, is responsible for addressing any claims by you or any third party relating to the hiir App or your possession and use of it, including product liability claims, any claim that the hiir App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

(f) In the event of any third-party claim that the hiir App or your possession and use of the hiir App infringes a third party’s intellectual property rights, Gnosis, not the App Store Distributor, shall be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

(g) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) For questions or complaints regarding the hiir App, contact Gnosis at: hello@hiir.world, Gnosis Service GmbH, Glogauer Straße 6, 10999 Berlin, Germany.

(i) You must comply with applicable third-party terms of agreement when using the hiir App (for example, your wireless data service agreement or your device manufacturer’s terms of use).

(j) Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the hiir App downloaded from the Apple App Store, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary. Google is not a third-party beneficiary of these Terms.

(k) In the event of any conflict between these Terms and the usage rules of the relevant App Store Distributor, the usage rules shall prevail to the extent of the conflict.

§ 8 DISCLAIMERS AND LIMITATION OF LIABILITY

§ 8.1 The hiir App and the Pilot are provided on an experimental, pilot basis. They may be changed, suspended, restricted, or discontinued at any time. The Pilot may expose you to operational, technical, or economic risks.

§ 8.2 To the extent permitted by law, the hiir App and the Pilot are provided “as is” and “as available”, without any warranty of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or availability.

§ 8.3 To the extent permitted by applicable law:

(a) Gnosis shall be liable for ordinary negligence only in the event of a breach of a material contractual obligation, and in such case only for the foreseeable damage typical for this type of contract. Liability for intent, gross negligence, and damages resulting from injury to life, body, or health shall remain unaffected;

(b) Gnosis’ total aggregate liability to you arising out of or in connection with these Terms, except for the liability set out in § 8.4, shall be limited to EUR 100.

§ 8.4 Nothing in these Terms excludes or limits Gnosis’ liability:

(a) for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty by Gnosis, its legal representatives, or its vicarious agents (in German: „Erfüllungsgehilfen”);

(b) for damages caused by intentional or grossly negligent conduct by Gnosis, its legal representatives, or its vicarious agents;

(c) for damages arising from the negligent breach of an essential contractual obligation, provided that liability in such a case shall be limited to the foreseeable, typically occurring damages. An essential contractual obligation is one the fulfilment of which is necessary for the proper performance of these Terms and on the compliance with which the User may regularly rely; or

(d) to the extent that liability cannot be excluded or limited under other mandatory provisions of German law.

§ 8.5 The hiir App and any communications provided in connection with the Pilot are for informational and experimental purposes only and do not constitute legal, financial, investment, tax, or other advice. In particular, they do not replace an individual assessment of the specific case.

§ 9 TERMINATION

§ 9.1 You may stop participating in the Pilot and delete your account at any time through the account settings in the hiir App or by contacting us at hello@hiir.world. Upon termination, you will lose access to the hiir App and any remaining hiir Points will become permanently unusable.

§ 9.2 Gnosis may suspend or terminate your access to the hiir App and the Pilot for good cause, including but not limited to if you breach these Terms. Gnosis will notify you of any suspension or termination without undue delay, stating the reason. Where Gnosis terminates without cause, it will provide at least 7 days’ prior notice.

§ 9.3 Gnosis may discontinue the Pilot entirely at any time. In such a case, Gnosis will use reasonable efforts to provide Users with at least 7 days’ prior notice. Upon discontinuation, Users will lose access to the hiir App and any remaining hiir Points will become permanently unusable.

§ 9.4 The following provisions shall survive termination of these Terms: §§ 3.3 (No guaranteed value), 3.4 (No financial instrument), 3.5 (No rights against Gnosis), 5 (Prohibited Activities), 7.2 (Ownership), 8 (Disclaimers and Limitation of Liability), 10 (Governing Law and Jurisdiction), and this § 9.4 shall survive termination of these Terms.

§ 10 GOVERNING LAW AND JURISDICTION

§ 10.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by and shall be construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

§ 10.2 The courts of Berlin, Germany, shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. This does not affect the right of a consumer to bring proceedings before the courts of the consumer’s domicile in accordance with mandatory provisions of German or EU law.

§ 10.3 Before commencing court proceedings, you agree to contact us at hello@hiir.world and use reasonable efforts to resolve the dispute informally within 30 days.

§ 10.4 Nothing in this § 10 excludes or limits any rights or remedies that cannot be excluded or limited under mandatory German or EU law.

§ 11 MISCELLANEOUS

§ 11.1 We may amend these Terms from time to time to reflect changes to the Pilot, its functionality, the technical framework, or applicable legal requirements. Material changes will be notified to you at least 7 days in advance (for example by email or by notice in the hiir App). Your continued use of the hiir App after the updated Terms take effect constitutes your acceptance. If you do not agree to the updated Terms, you may terminate your participation by deleting your account before the updated Terms take effect.

§ 11.2 Gnosis reserves the right to modify, expand, or restrict the functionality of the hiir App and the Pilot (including the number of Users, Merchants, or Kieze, point earning rates, verification intervals, and available features) at any time upon 7 days’ prior notice to Users. Material changes to the points model or core functionality will be communicated by email or in-app notification.

§ 11.3 Gnosis may assign or transfer its rights and obligations under these Terms to another entity in connection with a reorganization, merger, acquisition, or transfer of the Pilot. You may not assign or transfer your rights or obligations without our prior written consent.

§ 11.4 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed. The remaining provisions shall remain in full force and effect.

§ 11.5 Any failure or delay by Gnosis in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

§ 11.6 These Terms set out the entire agreement between you and Gnosis in relation to the hiir App and the Pilot and supersede any prior discussions or understandings on the same subject matter.

§ 11.7 These Terms are drafted in German and English. In the event of any inconsistency or conflict between the German-language version and the English-language version, the German-language version shall prevail.

§ 11.8 For questions about these Terms or the Pilot, contact us at: hello@hiir.world.