Terms of Service

1. Scope

These Terms of Service (hereinafter "Terms") govern the use of the mobile application "Eurovision Score" (hereinafter "App") and the associated website at eurovisionscore.com, provided by:

Josef David Pucher (Sole Proprietorship)
Eurovision Score
Ljuba-Welitsch-Promenade 12/44, 1030 Wien, Österreich
UID-Nr.: ATU68336222
(hereinafter "Operator")

By registering for and using the App, the User accepts these Terms. If the User does not agree to these Terms, the use of the App is not permitted.

2. Description of Services

The App allows Users to:

• Rate songs of the Eurovision Song Contest and create a personal ranking (Top 10), with points awarded as in the Song Contest (12, 10, 8, 7, 6, 5, 4, 3, 2, 1)
• Listen to 30-second song previews via the third-party provider Deezer
• Create groups with friends and family and compare results
• Communicate with other group members in group chats
• View statistical analyses at the city, district, state, and country level
• Find and invite friends via contact matching or invitation codes
• See ratings from phone contacts who also use the App in the activity feed
• Receive push notifications about relevant events (e.g. new ratings, group messages, ESC events)
• Unlock extended features via a Premium Subscription or the Referral Program

3. Registration and Account

• A registration with a valid email address is required to use the App.
• The email address must be verified by the User.
• The User is obligated to provide truthful information and to keep their login credentials confidential.
• The account is personal and may not be shared with third parties.
• The User is liable for all activities carried out through their account.
• The Operator reserves the right to suspend or delete accounts in case of violations of these Terms.

4. Premium Features and In-App Purchases

4.1 Premium Subscription

• Certain features of the App (e.g. detailed statistics, group comparisons, results of other users) are only accessible with a Premium membership.
• The Premium Subscription is offered as an annual subscription.
• The price is displayed in the respective app store (Apple App Store or Google Play Store) and may vary by region.
• Purchases are processed exclusively through the Apple App Store or Google Play Store. The respective payment and cancellation terms of the platform operators (Apple Inc. or Google LLC) apply.
• The subscription automatically renews for the same period unless it is cancelled at least 24 hours before the end of the current period in the settings of the respective app store.

4.2 Referral Program

• As an alternative to the paid subscription, the User can obtain Premium access until December 31 of the current calendar year by successfully inviting at least 5 new users to the App.
• A successful invitation occurs when a new user registers using the referral code or a group code of the inviting user.
• Premium access granted through the Referral Program expires automatically on December 31 of the respective year. There is no entitlement to renewal, payout, or transfer.
• The Operator reserves the right to modify or discontinue the Referral Program at any time.

4.3 Right of Withdrawal

For digital content not delivered on a tangible medium: By completing the purchase, the User expressly agrees that the Operator shall commence performance of the contract before the expiry of the withdrawal period and acknowledges that they lose their right of withdrawal upon commencement of performance (Section 18(1)(11) FAGG – Austrian Consumer Rights Act). In all other respects, the withdrawal provisions of the respective app store apply.

5. Usage Rules

The User agrees to:

• Use the App only for its intended purpose.
• Not carry out any automated access, bots, scraping, or manipulation attempts.
• Not distribute any offensive, threatening, discriminatory, unlawful, or otherwise inappropriate content – particularly in group chats and profile information.
• Not harass or threaten other users or impersonate other persons (impersonation).
• Not distribute personal data of other users without their consent.
• Not manipulate rankings and statistics (e.g. through multiple accounts or automated ratings).
• Not decompile, reverse engineer, or otherwise interfere with the source code of the App.
• Respect the rights of other users.

In case of violations of these usage rules, the Operator reserves the right to warn the User, delete their content, temporarily suspend, or permanently delete their account – depending on the severity of the violation.

6. Group Chat

• Within groups, Users can exchange text messages. Messages are visible only to members of the respective group.
• The User is solely responsible for the content of their messages.
• The usage rules set out in Section 5 apply. In particular, hate speech, illegal content, spam, and the disclosure of personal data of third parties are prohibited.
• Messages can be edited and deleted by the author.
• The Operator is entitled to delete messages that violate these Terms without prior notice.
• The Operator does not guarantee the permanent availability or storage of chat messages.

7. Push Notifications

• The App may send push notifications to inform the User about relevant events (e.g. new group messages, published ratings, invitations, ESC event reminders).
• Push notifications are only sent with the User's express consent (opt-in).
• The User can disable push notifications at any time in the device settings.
• The Operator assumes no liability for delayed, undelivered, or accidentally omitted notifications.

8. Music Content and Third-Party Providers

• The App offers the ability to listen to 30-second previews of Eurovision Song Contest songs. These previews are provided via the application programming interface (API) of the third-party provider Deezer SA.
• Artist images and album covers are also provided by Deezer.
• The Operator has no influence on the availability, quality, or completeness of the content provided by Deezer. There is no entitlement to the playback of specific songs or previews.
• The use of Deezer content is subject to Deezer's terms of use. No right to full song playback is granted.

9. Limitation of Liability

• The App is provided "as is." The Operator makes no guarantee of uninterrupted or error-free availability of the App.
• The Operator is not liable for data losses caused by technical disruptions, device defects, or actions of the User.
• The Operator's liability is limited to intent and gross negligence. In cases of slight negligence, the Operator is liable only for breaches of material contractual obligations, and the amount is limited to the foreseeable, contract-typical damage.
• Statistical analyses and rankings are based on data submitted by users and make no claim to completeness or accuracy.
• The Operator assumes no liability for content provided by third-party providers (e.g. Deezer previews).

10. Intellectual Property

All content, designs, logos, and features of the App are protected by copyright and are the property of the Operator, unless otherwise indicated. Use of the App does not grant the User any rights to the intellectual property of the Operator.

"Eurovision Song Contest" is a registered trademark of the European Broadcasting Union (EBU). Eurovision Score is an independent fan app and is not affiliated with, endorsed by, approved by, or in any way officially connected with the European Broadcasting Union (EBU) or the Eurovision Song Contest.

11. Termination and Account Deletion

• The User can delete their account at any time directly in the App (Settings → Delete Account).
• Upon account deletion, all personal data will be deleted within 30 days in accordance with the Privacy Policy. Anonymized, aggregated statistical data may be retained.
• Important: An active Premium Subscription must be cancelled separately by the User in the respective app store (Apple App Store or Google Play Store). Deleting the App account does not automatically cancel the store subscription.
• The Operator may discontinue the service at any time with 30 days' notice. Users will be informed in a timely manner by email or in-app notification.
• The Operator is entitled to suspend or delete accounts immediately and without prior notice in case of serious or repeated violations of these Terms.

12. Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

The Operator is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body.

13. Changes to the Terms of Service

The Operator reserves the right to amend these Terms at any time. Users will be informed of material changes by email or in-app notification. If the User does not object to the amended Terms within 30 days of notification, the new Terms shall be deemed accepted. The notification will specifically draw attention to the right to object and its consequences.

14. Applicable Law and Jurisdiction

The laws of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Vienna, to the extent permitted by law.

Mandatory provisions of consumer protection law of the state in which the User has their habitual residence shall remain unaffected.

15. Contact

For questions regarding these Terms, please primarily use our Support Chat.

Alternatively, you can reach us by email at contact@eurovisionscore.com. Please note that this email address is equipped with an automated response service. For personal handling of your inquiry, please use the Support Chat.

Legal Notice / Impressum