Terms of Use

Funkl-Go iPhone app
Last updated: September 27, 2026

These terms apply between you and the operator of Funkl-Go when you use the app. Please read them. They are written to be understandable, and nothing in them limits rights that you have under mandatory consumer protection law.

1. Who we are

Funkl-Go is provided by Peter Holzhauser, Dinkelsbühlerstr. 38, 70374 Stuttgart, Germany, email [email protected] ("we", "us"). Full details are in the Legal Notice at https://funklgo.app/imprint.

2. Agreement and Apple's terms

2.1 By confirming these terms in the app and using Funkl-Go, you agree to them. How we handle personal data is explained separately in the Privacy Policy at https://funklgo.app/privacy.

2.2 You get the app from Apple's App Store. Apple's Standard Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) also applies. These terms apply in addition to it. Where these terms contain more specific rules, those rules apply. Section 14 always applies in Apple's favor.

3. Minimum age

You must be at least 16 years old to use Funkl-Go. By confirming "I am 16 or older" you declare that this is true.

4. What Funkl-Go is

4.1 Funkl-Go is a free collecting game. Beacons (lamps) in shops and other places send codes by flickering quickly. The app reads the codes with your iPhone's camera. The first player whose report of a code reaches our server receives a virtual figure (a "Funkl"). Our server decides at random how rare each Funkl is. Each Funkl has a unique serial number and is recorded in a public register.

4.2 The app is free of charge. It has no in-app purchases, no real-money features and no advertising.

4.3 Early access / beta. Funkl-Go is at an early stage. Features, the number and locations of beacons, game rules and balance may change. Errors can happen, and data may occasionally be lost. We will do our best to prevent this.

5. Your player account

5.1 On first start the app creates a random player ID and a secret device key and stores them on your iPhone. Together they form your player account. You do not need to give your name or email address.

5.2 Keep your device key safe. Anyone who has it can act as you. If you delete the app without signing in with Apple, your collection normally cannot be restored.

5.3 Sign in with Apple is optional. Its only purpose is to restore your collection on another iPhone.

5.4 Your player name must not be offensive or unlawful, must not pretend to be someone else, and must not contain advertising. We may reset player names that break these rules to a random name.

5.5 You may delete your account at any time in the app under Settings → Legal → Delete account & all data (see https://funklgo.app/delete).

6. Funkls and other virtual items

6.1 No money value. Funkls, serial numbers, trade tickets and all other virtual items have no monetary value. They cannot be exchanged for money, and we will not buy them back.

6.2 License, not ownership. You do not acquire ownership or any other property right in virtual items. You receive a personal, non-exclusive, non-transferable and revocable right to use them within the game according to these terms. The right to trade within the game (section 7) is part of this license.

6.3 No real-money trading. You may not sell, buy, rent or auction Funkls, trade tickets or player accounts for real money or other valuables, inside or outside the app.

6.4 Public register. The public register is a record of authenticity kept by us. It is not a blockchain and does not create securities, tokens or other assets.

6.5 No guarantee of permanence. We aim to keep your collection available for as long as Funkl-Go runs, but we cannot promise that any virtual item or the game itself will remain available forever. If we plan to shut down Funkl-Go completely, we will announce it in the app at least 60 days in advance, and you can export your data before then.

7. Trading

7.1 You can swap Funkls between two iPhones using the flashlight. A trade creates a trade ticket.

7.2 A trade ticket works like a bearer ticket: whoever presents a valid ticket to the server first can redeem it. We do not check who the "right" holder is. Only trade with people you trust, in person. We cannot reverse completed trades or restore tickets that were redeemed by someone else, unless we are at fault.

7.3 Trade tickets expire or become invalid if the offering account is deleted or the trade is withdrawn in the app.

8. Beacons, places and shops

8.1 Safety first. Pay attention to traffic and your surroundings. Do not use the app while driving or cycling. Please read the Health & Safety information at https://funklgo.app/safety, especially if you are sensitive to flashing lights.

8.2 Respect property and house rules. Showing a beacon on the map does not give you permission to enter any property. Do not enter private property, closed areas or business premises without permission or against the owner's wishes. Follow the house rules of the shops and places you visit.

8.3 No obligation to buy. Shops and places with beacons do not require you to buy anything, and you do not have to buy anything to catch a Funkl.

8.4 Offers from shops. If the app ever shows a code, voucher or offer from a shop, it will be marked as "Ad" or "Sponsored". Such offers are made by the shop alone, not by us. Any contract about them is between you and the shop.

8.5 We do not guarantee that a beacon is in a particular place, works or is accessible at any given time.

9. Fair play

You must not:

• manipulate the game, for example by faking your location, replaying or sharing codes you did not read yourself, using emulators, bots or modified apps, or automating reports;
• attack, overload, reverse-engineer or bypass security measures of our servers or the app, except where the law expressly allows it;
• use other players' device keys or accounts;
• use Funkl-Go for unlawful purposes.

If you break these rules, we may take proportionate action depending on how serious it is: remove unfairly obtained Funkls, suspend or, after a warning, close your account. For serious violations, we can close an account without warning. We will take your legitimate interests into account.

10. Changes to the app and to these terms

10.1 We may change and further develop the app, for example to fix errors, adapt to legal requirements or improve the game. Changes to game mechanics may affect how rare or valuable Funkls feel in the game. This does not give rise to any claims.

10.2 We may change these terms for valid reasons, such as new features, changes in law or court decisions. We will show you the new terms in the app before they take effect. If a change is material, you will be asked to accept it before you continue playing. If you do not agree, you can stop using the app and delete your account.

11. Intellectual property

The app, the Funkl designs, names, graphics, texts and the Funkl-Go name belong to us or our licensors. Except for the license in section 6.2, you receive no rights to them. You may take screenshots of your own collection and share them for non-commercial purposes.

12. Liability

12.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and where we have given a guarantee.

12.2 For slight negligence, we are only liable if we breach an obligation that is essential for the proper performance of this agreement and on which you may regularly rely (a "cardinal obligation"). In that case, our liability is limited to the damage that is typical and foreseeable for this kind of agreement.

12.3 Otherwise, liability for slight negligence is excluded.

12.4 These limitations also apply to our representatives and assistants.

13. Ending the agreement

You can end this agreement at any time by deleting your account and the app. We can end it by giving 30 days' notice, for example if we discontinue Funkl-Go (see section 6.5). The right of both sides to terminate for good cause without notice remains unaffected.

14. Provisions regarding Apple

14.1 These terms are an agreement between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.

14.2 Apple has no obligation to provide maintenance or support for the app. Please contact us with any questions or complaints at [email protected].

14.3 To the extent any warranty applies, Apple has no warranty obligation for the app. Apple is not responsible for handling claims by you or third parties relating to the app, for example product liability claims, claims that the app does not comply with legal or regulatory requirements, or consumer protection claims.

14.4 If a third party claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending and settling the claim.

14.5 You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

14.6 Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

15. Applicable law and disputes

15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer living in another country, you keep the protection of the mandatory provisions of the law of that country.

15.2 Consumer dispute resolution: We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

16. Final provisions

16.1 If any provision of these terms is invalid, the remaining provisions remain valid. The statutory provisions apply instead of the invalid one.

16.2 Contact: [email protected]