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Terms of Service

Last updated: May 24, 2026

1. Provider

The binked website and apps (the "Service") are operated by:
Kevin Schmidt, Zugmantelstr. 34b, 65510 Idstein, Germany.
Website: binked.app
Email: contact@binked.app
Further provider information can be found in the Impressum.

2. Scope

These Terms govern the use of the Service. By creating an account or using the Service you accept these Terms. Conflicting or supplementary terms by the user do not become part of the contract unless we expressly agree to them in writing.

3. Languages and target group

These Terms are provided in English. The Service is targeted at consumers and businesses worldwide. Users who are consumers within the meaning of § 13 BGB always retain the protection of mandatory consumer law of their country of habitual residence (Art. 6 Rome I Regulation).

4. Accounts and access

You may create an account using email/password, Google or Apple sign-in via Firebase Authentication. You must provide accurate information, be at least 16 years old (or have your parent's or guardian's consent), and keep your credentials confidential. You are responsible for activity on your account. binked may suspend or terminate accounts that violate these Terms or applicable law; statutory rights of termination remain unaffected.

5. Public content and licence

Users can create, upload or share poker hand replays, avatars, display names and similar content. All such content is public and may be viewed, embedded and indexed by anyone. By uploading content, you grant binked a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt (insofar as technically required, e.g. for transcoding or thumbnails), publicly display and distribute the content for the purpose of operating, promoting and improving the Service. You retain ownership of your content and may delete it at any time, ending the licence for future use; copies already shared by third parties or held in backups may persist for technically required periods.

You warrant that you own or have the necessary rights to any content you upload and that it does not infringe third-party rights or applicable law.

6. Prices and payment

binked may offer paid features such as table designs or custom avatars. Prices are shown at checkout and, where applicable, include the statutory German value added tax (VAT, currently 19 %). The provider's VAT-ID under § 27a UStG is DE246406176. Where purchases are made through the Apple App Store or Google Play, the additional terms of the respective store also apply and the store handles billing and invoicing.

7. Conclusion of contract and digital content

By clicking the order button (e.g. "Buy now", "Confirm purchase") you make a binding offer. The contract is concluded when we (or, where applicable, the app store) confirm the order or provide the digital content. Digital content is delivered electronically, usually immediately after the contract is concluded.

8. Right of withdrawal for consumers (Widerrufsbelehrung)

If you are a consumer (a natural person acting for purposes outside their trade, business or profession), you have a statutory right of withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Kevin Schmidt, Zugmantelstr. 34b, 65510 Idstein, Germany, email contact@binked.app) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.

Early expiry of the right of withdrawal for digital content: The right of withdrawal expires for contracts on the supply of digital content not on a tangible medium if we have begun performance of the contract after you have (a) expressly consented to us starting the performance before the end of the withdrawal period and (b) acknowledged that you thereby lose your right of withdrawal once performance has begun (§ 356 (5) BGB). For services that are fully performed, the right of withdrawal expires under the corresponding conditions of § 356 (4) BGB.

Model withdrawal form

(complete and return only if you wish to withdraw from the contract)

  • To: Kevin Schmidt, Zugmantelstr. 34b, 65510 Idstein, Germany, contact@binked.app
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract 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.

9. Ads and third-party content

The Service may display ads, affiliate links or sponsored content. binked is not responsible for the content of third-party websites accessed through such links.

10. Acceptable use

  • Do not use the Service to break any law or promote illegal activity.
  • Do not interfere with the Service, its security or other users.
  • Do not attempt to copy, reverse engineer or resell the platform beyond what is permitted by mandatory law (e.g. §§ 69d, 69e UrhG).
  • Do not upload content that infringes third-party rights or applicable law.

11. Reporting and blocking

In line with Article 16 of the EU Digital Services Act (Regulation (EU) 2022/2065), anyone — including users without an account — can notify us of content they consider illegal or in breach of these Terms via the in-app report form linked from the actions menu on every hand page (URL pattern /hands/<id>/report). Reports may concern, among other things: illegal content, hate speech or harassment, spam or promotional content, intellectual-property infringement, privacy violations (for example real names disclosed without consent) and other policy violations.

We acknowledge receipt of every valid report without undue delay (by email to the address you provide) and review it in good faith. Where appropriate, we may remove the reported content, restrict the uploading user's access to the Service, or take no action. Where applicable law requires it, we inform affected users of decisions taken in relation to their content or account.

Signed-in users can additionally block individual creators from the actions menu on any hand page. Blocking hides all hands from that creator across your view of the Service; it does not delete the creator's content and does not notify the creator. Your block list is private to you. You can review and undo your blocks at any time at /blocks in the authenticated area of the Service.

12. Intellectual property

All rights in binked's software, design and branding remain with Kevin Schmidt or its licensors. You may not use the binked name or logo without prior written permission, except as permitted by mandatory statutory rights.

13. Statutory warranty

For paid digital content and services, the statutory warranty rights for consumers under §§ 327 ff. BGB apply. For free use of the Service, liability for defects is limited as set out in § 521 BGB and § 599 BGB respectively (liability only for intent and gross negligence).

14. Availability

We strive to keep the Service available, but we do not guarantee uninterrupted or error-free operation. Maintenance, updates, security incidents and circumstances beyond our control may lead to temporary unavailability.

15. Liability

binked and Kevin Schmidt are liable without limitation:

  • for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty;
  • for other damages caused by intentional or grossly negligent breach of duty;
  • for damages caused by the absence of a guaranteed quality or fraudulent concealment of a defect;
  • under the German Product Liability Act (Produkthaftungsgesetz).

For damages caused by the slightly negligent breach of an essential contractual duty (a duty whose fulfilment is necessary for the proper performance of the contract and on whose compliance you may regularly rely – "Kardinalpflicht"), liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded. The above limitations also apply in favour of our staff and agents.

16. Term and termination

The user contract runs for an indefinite period and may be terminated by either party at any time without notice, unless a paid subscription with a minimum term has been agreed. The right to terminate for cause remains unaffected. After termination we may delete content associated with the account in accordance with the Privacy Policy.

17. Changes to these Terms

We may update these Terms to reflect changes in the Service or in applicable law. We will notify registered users of material changes in due time before they take effect, e.g. by email or in-app notice, and give you a reasonable opportunity to object. If you do not object within the notice period, the updated Terms become effective; if you object, we may terminate the user contract.

18. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

19. Governing law and jurisdiction

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in another EU member state, you also enjoy the protection of mandatory provisions of the law of that country (Art. 6 Rome I Regulation). For users who are merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is the competent court at the seat of the provider, where legally permissible.

20. Severability

Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory rules.

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