Terms and Conditions for Erwein

Last updated: August 13, 2026 · Version 2

1. Provider

Erwein is provided by:

Mikke Plank
Neuer Platz
9800 Spittal an der Drau
Austria

Email: support@erwein.app
Web: erwein.app

These details match the legal notice at erwein.app/legal-notice.

2. Scope and Acceptance

These Terms govern your use of the Erwein app and all related features (together, "the Service"). This agreement is between you and the provider named above; Apple is not a party to it.

You accept these Terms by tapping "Get started now" while setting up your account, or by confirming a new version with "Accept". Without accepting them you cannot use the Service.

3. What Erwein Is

Erwein is a free social service about drinking together: you share photos and videos of drinks, places and moments, react and comment, start rounds, keep crews, and see posts on a map.

Erwein does not sell drinks, does not broker drinks and does not deliver any. Erwein is neither a marketplace nor an ordering platform.

4. Minimum Age

The Service is intended solely for people aged 18 and over. By using it you confirm that you are at least 18 years old. Your date of birth is asked for during setup.

If it turns out that you were younger at registration than you stated, we may suspend and delete your account.

5. Alcohol and Personal Responsibility

Erwein does not encourage the consumption of alcohol. There is no score, no competition and no reward for drinking more or drinking faster.

You are responsible for your own consumption and for complying with the law — in particular with the legal drinking age and with the prohibition on driving under the influence of alcohol.

The following posts are not permitted:

• posts glorifying excessive drinking or presenting it as an achievement,
• posts aimed at minors or making alcohol available to them,
• posts encouraging behaviour that endangers health, such as drinking games or "challenges" carrying a health risk.

Erwein gives no health advice. For questions about alcohol and health, please turn to medical or professional counselling services.

6. Your Account

Using the Service requires an account. You sign in with Apple, with Google, or with an email address and password.

• Your details must be accurate and kept up to date.
• You keep your credentials safe and do not pass them on. If you learn of unauthorised use, tell us immediately.
• Your account is personal. It may not be transferred or shared.
• As a display name you may not use another person's name, a third party's protected trademark, or anything offensive, vulgar or misleading.

7. Your Content

You keep all rights to your content.

So that we can display your content at all, you grant us a non-exclusive, royalty-free and geographically unrestricted right to store it, reproduce it, process it technically (such as cropping, compressing or generating thumbnails) and show it to the people you make it available to. This right applies solely to operating the Service and displaying your content as intended — not to advertising with your content, and not to passing it on to third parties for their own purposes.

The right ends when you delete the content or your account. Technical copies in backups may persist for a short time, as may content we are required by law to retain.

You warrant that you hold the necessary rights to your content and that people shown in it consent to publication.

Who sees your posts depends on the settings you choose per post. Posts you make public can be seen by everyone using the Service.

8. Prohibited Content and Conduct

The following are not permitted:

• unlawful content of any kind, and incitement to criminal offences,
• depictions of violence, threats, harassment and bullying,
• hate speech and denigration based on origin, colour, religion, gender, sexual orientation, disability or membership of any group,
• sexual content, in particular any depiction of minors,
• infringement of third-party copyright, trademark, personality and data protection rights,
• impersonating someone else,
• spam, unsolicited advertising, chain letters, gambling,
• malware, and attempts to disrupt or overload the Service, to scrape it automatically or to circumvent security measures,
• the alcohol-related content listed in section 5.

9. Reporting and Moderation

You can report any post directly in the app from the menu on that post, or by email to support@erwein.app. Reports about allegedly illegal content are handled in accordance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act).

When reporting, please state which post is concerned and why you consider it illegal or in breach of these Terms. We confirm receipt and inform you of our decision.

We review reported content and may, where necessary, remove content, restrict its visibility or suspend an account. There is no general obligation to monitor all content in advance.

You can also block other accounts, so that you no longer see their content and have no further contact.

10. Statement of Reasons and Complaints

If we remove your content or restrict your account, we tell you the decision and the reasons for it, as far as we are legally able to (Article 17 DSA).

You can complain about such a decision within six months, informally by email to support@erwein.app. We review complaints carefully and within a reasonable period, and reverse the measure if it proves unfounded (Article 20 DSA).

Independently of this, out-of-court dispute settlement under Article 21 DSA and recourse to the courts remain open to you.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body. Consumers in Austria can turn to the Internet Ombudsstelle: ombudsstelle.at.

11. Availability and Changes to the Service

We aim for reliable operation but do not owe uninterrupted availability. Maintenance, faults and outages at services we depend on can cause interruptions.

We may develop the Service further and change or discontinue individual features. Material restrictions will be announced with reasonable notice.

We back up your content regularly but cannot promise complete protection against loss. Keep photos and videos that matter to you outside the Service as well.

12. Costs

Use of the Service is currently free of charge. There are no in-app purchases and no subscriptions. Should we offer paid features in future, they will be clearly marked as such beforehand; existing features will not become chargeable retroactively.

13. Term, Termination, Deletion

The agreement runs for an indefinite period. You may end it at any time and without giving reasons by deleting your account in the app's settings. Your account and your content are then deleted in accordance with our privacy policy.

We may terminate the agreement giving 14 days' notice. In the event of serious or repeated breaches of these Terms, or of unlawful conduct, we may suspend or terminate the account immediately; section 10 applies accordingly.

14. Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and in all cases where the law does not permit a limitation of liability — for instance under product liability legislation.

In cases of slight negligence we are liable only for breach of material contractual obligations, meaning obligations whose fulfilment makes proper use of the Service possible in the first place and on whose observance you may rely. In such cases liability is limited to the foreseeable damage typical for this kind of agreement.

We are not responsible for content posted by other users. If you meet people through Erwein, take part in gatherings or visit places, you do so on your own responsibility.

15. Data Protection

How we process personal data is set out in the privacy policy at erwein.app/privacy. It is not part of these Terms; it informs you about your rights under the GDPR.

16. Third-Party Services

Erwein uses third-party services, among others for sign-in (Apple, Google), for maps and place search, for music, and for cloud operation and storage. Those services' own terms apply in addition. We have no influence over the content of linked third-party websites.

17. Use via the App Store

For the app obtained through the Apple App Store, the following applies in addition:

• This agreement is between you and the provider, not with Apple. The provider alone is responsible for the app and its content.
• You receive a non-transferable licence to use the app on any devices that you own or control, subject to the usage rules of the Apple Media Services Terms and Conditions.
• Support is provided solely by the provider, reachable at support@erwein.app. Apple has no obligation to furnish any support.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; beyond that Apple has no warranty obligation.
• The provider, not Apple, is responsible for claims relating to the app — including product liability, consumer protection and data protection claims, and claims of infringement of third-party rights.
• You confirm that you are not located in a country subject to a United States embargo and that you are not on any relevant sanctions list.
• Apple and Apple's subsidiaries are third-party beneficiaries of this agreement and are entitled to enforce it against you.

18. Changes to These Terms

We may amend these Terms, for example when the Service, the legal situation or case law changes. We show you a new version in the app and ask for your consent.

If you do not consent, you cannot continue using the Service and can delete your account in the settings. The version in force until then remains authoritative for the past.

19. Governing Law and Jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the referral rules of private international law.

If your habitual residence is in another state of the European Economic Area, the mandatory consumer protection provisions of that state remain unaffected. Actions against you as a consumer are subject to the statutory place of jurisdiction.

20. Final Provisions

Should any provision of these Terms be or become invalid, the remaining provisions stay in force. The statutory rules take the place of the invalid provision.

If we do not enforce a right on one occasion, that is not a waiver for the future.

21. Contact

• Email: support@erwein.app
• Web: erwein.app