Terms of use

These terms of use apply to the use of Couple Gallery, the website and browser application at couple-gallery.com and gallery.scratchadventure.com (the “Service”). The Service is provided by MW Apps GmbH, Rheinpromenade 10, 40789 Monheim am Rhein, Germany (“we”, “us”).

Conflicting or deviating terms of users do not apply unless we have expressly agreed to them.

With Couple Gallery you can arrange your own photos, films, texts, a map of where you met and your song in a virtual 3D gallery in your browser, and walk through it with two characters. You can invite your partner via a link to walk through the gallery together online.

The Service is currently free of charge and can be used without an account. If we offer paid services in the future, for example ordering a personalised gallery, separate terms will apply. We will show them to you, together with the information on your right of withdrawal, before you place an order.

You must be at least 16 years old to use the Service. The private room “Behind closed doors” and any intimate content are intended exclusively for adults (18+).

All rights to the photos, films, audio files and texts you add (“your content”) remain with you. Your content is first stored only in your own browser. It is transferred to us only when you create an online invite.

In that case you grant us a simple, non-exclusive, royalty-free right, limited to the duration of storage, to store your content, process it technically (for example reduce its size or convert it) and make it available to people who open your invite link. We use your content exclusively to provide the Service to you, never for advertising and never to train AI.

You are responsible for your content. You may only add content that you are entitled to use and, if other people can be recognised in it, only with their consent. This applies in particular to intimate photos and films.

It is prohibited to use the Service for:

• ♥illegal content of any kind, in particular depictions of the sexual abuse of children or minors,
• ♥intimate or sexual images of people without their consent,
• ♥content that violates the personal rights, privacy, copyright or other rights of third parties (for example music files you have no rights to),
• ♥content that incites hatred, glorifies violence or is discriminatory,
• ♥malware, attempts to gain access to other couples' galleries, to bypass security measures or to overload the Service,
• ♥automated retrieval of the Service (scraping) or its commercial use without our consent.

If you culpably violate these rules, you shall indemnify us against claims of third parties arising from the violation, including reasonable costs of legal defence.

Anyone who knows an invite link or code can open the shared gallery. Please treat it like a key and only pass it on to your partner. You can ask us at any time to delete a shared gallery by sending us its invite code at info@scratchadventure.com.

We do not monitor content in general. If we receive a report or otherwise become aware of illegal content or a violation of § 5, we may delete the content, block access to it or deactivate the invite. Where possible, we will inform the person concerned of the measure and the reasons for it (Art. 17 DSA). You can object to such a decision by email within six months; we will review it again.

How to report content is explained in our legal notice.

As the Service is free of charge, there is no entitlement to its constant availability. We try to keep it running smoothly, but interruptions can occur, for example due to maintenance or technical faults. The Service requires a current browser with WebGL; we cannot guarantee that it works on every device.

We may develop, change or restrict features of the Service or discontinue it. Before we delete shared galleries because the online feature is discontinued, we will announce this on the website in good time where possible.

Your gallery is stored in your browser. It can be lost if you delete your browser data, use private browsing, change device or if your browser clears storage. The Service is not a backup or cloud storage service. Please always keep the originals of your photos, films and files.

The software, the 3D gallery, the characters as we arranged and animated them, the design, the texts and the logo of the Service are protected by law. You may use them for personal, non-commercial purposes within the scope of these terms.

You may record screenshots and videos of your own gallery and share them, including on social media, provided you have the rights to the content shown. Any further use requires our prior consent.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent we have given a guarantee.

In the case of slight negligence, we are only liable for the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper use of the Service possible in the first place and on whose fulfilment you may regularly rely), and limited to the damage that is foreseeable and typical for this type of contract. Otherwise, liability for slight negligence is excluded.

These limitations also apply in favour of our employees, representatives and vicarious agents.

We may adapt these terms for the future, for example when new features are added or the law changes. As there are no user accounts, the version published on this page at the time of use applies.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you use the Service as a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Düsseldorf.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

These terms are available in German and English. In the event of any discrepancy, the German version prevails.