General Terms & Conditions (GTC) and End User License Agreement (EULA)

Preamble & Provider Identification

These General Terms and Conditions (hereinafter "GTC") and the integrated End User License Agreement (hereinafter "EULA") govern the contractual relationship between you as a user (hereinafter "User", "Sender", or "Traveler") and the platform operator:

for the use of the mobile application Barande (iOS / Android) and all web offerings under barande.app (hereinafter collectively "Platform").

§ 1 Subject Matter of Platform & Pure Intermediary Role

(1) Technological Platform: The operator provides a digital peer-to-peer (P2P) marketplace that enables travelers with unused luggage allowance ("Travelers" or "Casual Couriers") and individuals seeking delivery services ("Senders") to discover one another, communicate, and mediate transportation arrangements.

(2) Exclusive Intermediary Role (Platform Model): The operator acts solely as a technical intermediary. Barande is never a carrier, freight forwarder, courier service, transport enterprise, shipper, or logistics provider. Barande does not provide transportation services and never takes possession or ownership of transported items.

(3) Direct Contract Formation: The actual agreement for carrying and delivering goods ("Transportation Contract") is formed exclusively and directly between the Sender and the Traveler.

(4) No Guarantee of Success: The operator makes no representation or warranty regarding the completion of a Transportation Contract, user reliability, or the actual execution of any trip.

§ 2 Eligibility, Registration & Multi-Account Prohibition

(1) Minimum Age & Legal Capacity: Use of the platform is strictly restricted to natural persons who are at least 18 years of age and have full legal capacity.

(2) Registration: Registration requires creating a user profile (profiles) via our authentication system (Email/Password, Apple Sign-In, or Google Sign-In). The user warrants that all provided information is accurate and complete.

(3) Prohibition of Multiple Accounts: Users are prohibited from holding more than one active account. Violations will result in immediate termination of all accounts.

(4) Confidentiality: Users must keep account credentials strictly confidential and promptly notify the operator of any suspected unauthorized access.

§ 3 KYC Identity Verification & Security Checks

(1) Identity Verification (KYC): To ensure maximum community trust, Barande offers an identity verification procedure. Verification is mandatory for specific parcel values or features.

(2) Workflow: The user uploads a government-issued photo ID (passport, national ID card) alongside a selfie portrait and a live selfie holding the ID. Verification is processed via automated AI facial and document matching (verify-identity-ai) and manual review.

(3) Forgery Sanctions: Submitting fraudulent or forged documents results in immediate, permanent banishment from the platform and filing of criminal charges.

§ 4 Listings (Trips & Shipment Requests)

(1) Trip Listings (trips): Travelers can publish trip itineraries (departure/destination, flight number, date, capacity, rate per kg, meeting spot). The traveler warrants that they will embark on the trip and hold verified airline baggage allowance.

(2) Shipment Requests (shipment_requests): Senders can post delivery requests. Senders must accurately state parcel contents, dimensions, weight, declared value, and destination, including clear photos.

§ 5 Prohibited Items & Legal Compliance (Dangerous Goods, Customs, Sanctions)

(1) Catalogue of Prohibited Items: It is strictly prohibited to request, offer, hand over, or transport any of the following items:

1. Lithium-ion batteries, power banks & e-cigarettes in checked baggage (violation of international IATA Dangerous Goods Regulations).
2. Explosives, fireworks, ammunition, flammable liquids, gases, corrosive, toxic, or radioactive substances (hazardous materials).
3. Illegal drugs, narcotics, and controlled substances of any kind.
4. Prescription medicines, unless accompanied by valid medical certificates and official customs permits for the destination country.
5. Weapons, weapon components, combat equipment, knives, and dangerous tools governed by weapons legislation.
6. Alcoholic beverages and pork products when traveling to jurisdictions prohibiting their importation (especially flights to Iran).
7. Sanctioned goods, high technology, surveillance equipment, and dual-use items subject to trade embargoes or export controls.
8. Counterfeit goods, replicas, stolen items, or products infringing intellectual property rights.
9. Cash, negotiable securities, cryptocurrency hardware wallets, precious metals, and jewelry exceeding standard personal allowances.
10. Live animals, plants, or perishable foodstuffs (raw meat, dairy).

(2) Statutory Customs Declaration & Manifest: Senders execute a binding statutory customs declaration when booking. The system generates an official customs transport manifest (customs_manifest_code, e.g. BRD-2026-XXXXXX) with timestamp for presentation to border authorities.

(3) Customs & Tax Obligations: Both parties are independently responsible for compliance with import, export, and customs regulations. Any applicable customs duties or taxes are borne solely by the Sender.

§ 6 Inspection Right & Mandatory Open Visual Check

(1) Mandatory Joint Inspection: Travelers are strictly required to thoroughly inspect the parcel contents in an open state together with the Sender prior to acceptance and travel.

(2) Prohibition of Sealed Parcels: Senders must never hand over a sealed or opaque package that prevents the Traveler from inspecting all items.

(3) Right of Refusal (handle-rejection): Travelers have the absolute right to refuse any parcel upon suspicion of prohibited items, misdeclarations, or refusal of inspection, documenting reasons in the app with photo proof.

§ 7 Transportation Contract Formation & Booking Flow

(1) Senders submit a binding booking request via the platform.

(2) The Transportation Contract between Sender and Traveler becomes binding once:

1. The Traveler accepts the booking request in the app,
2. The Sender confirms the customs declaration, and
3. Payment is authorized via the escrow system.

§ 8 Remuneration, Service Fees & Escrow System

(1) Fee Components: The total price consists of:

1. The transport compensation for the Traveler (calculated per kg or fixed),
2. The Barande platform service fee of typically 15% (incl. statutory 19% VAT and processing fees).

(2) Transitory Item: The transport compensation constitutes a transitory escrow item for Barande under § 10(1) s. 5 German VAT Act (UStG).

(3) Escrow Holding: Total payments via PayPal or Stripe are held in escrow (held_in_escrow). Payout before verified delivery is impossible.

§ 9 Handover, 4-Digit Security PIN & Payout Release

(1) Security PIN (delivery_pin): Upon booking, the platform generates a unique 4-digit PIN displayed solely to the Sender/Recipient.

(2) Delivery Proof & Payout: Upon physical handoff at destination, the recipient provides the PIN to the Traveler. After verification in the app (verify_delivery_pin), status switches to completed and the compensation is unlocked for payout.

(3) Lockout on Failed Attempts: After 5 invalid PIN entries, the transaction locks automatically and transfers to moderation.

§ 10 Cancellation & Refund Policy

(1) Cancellation by Sender:

• More than 24 hours prior to departure: Sender receives a full refund of transport compensation. The Barande service fee is retained as an administrative fee. Luggage allowance is returned to the Traveler.
• Less than 24 hours prior to departure or No-Show: No refund of transport compensation is issued. The amount is disbursed to the Traveler as compensation for reserved capacity.
• Parcels already handed over: Once the package is marked as received (package_received = true), cancellation by the Sender is excluded.

(2) Cancellation by Traveler:

• If the Traveler cancels the trip, the Sender receives an immediate 100% full refund including service fees.
• Unjustified cancellations by travelers may trigger negative ratings, penalties, or account restrictions.

§ 11 Transit Damage, Loss, Disputes

(1) Dispute Opening: In case of damage, delay, or loss, either party can initiate a dispute in the app (dispute_status = 'open'), halting automatic payout pending resolution.

(2) Internal Liability: Liability for damaged or lost goods is governed strictly by the statutory relationship between Sender and Traveler. Travelers are liable to Senders for intentional misconduct or gross negligence.

§ 12 Review System

(1) Upon delivery, parties can submit ratings (1 to 5 stars and written review).

(2) Reviews must be factual and truthful. Defamatory, abusive, discriminatory, or manipulated reviews are prohibited.

(3) The operator reserves the right to delete improper reviews without delay.

§ 13 End User License Agreement (EULA) & User Content (Apple Guideline 1.2)

(1) License Grant: The operator grants the user a personal, non-exclusive, non-transferable, revocable license to use the app on authorized devices.

(2) Zero Tolerance Policy: In compliance with Apple App Store and Google Play guidelines, Barande strictly maintains a Zero Tolerance Policy against objectionable, abusive, harassing, hateful, or unlawful content. Prohibited items include:

• Harassment, threats, hate speech, racism, and discrimination.
• Sexually explicit, pornographic, violent, or degrading media.
• Fraud, spam, phishing, and advertising unlawful activities.

(3) Report & Block Mechanism:

• Users can report objectionable material or users instantly via the "Report" button.
• Users can block abusive participants with immediate effect via "Block User", removing them from all feeds and chats.

(4) 24-Hour Review Window & Sanctions: Our moderation team reviews all reports within 24 hours maximum. Violations result in immediate content removal and temporary or permanent account termination (banUserByAdmin).

§ 14 Intellectual Property & Decompilation Restrictions

(1) All rights in and to the platform (designs, trademarks, code, databases) are exclusively owned by the operator.

(2) Users must not modify, copy, reverse engineer, decompile, or create derivative works from the application, except as permitted under statutory copyright law (§ 69e UrhG).

§ 15 App Store Terms (Apple & Google)

(1) The app is made available via the Apple App Store and Google Play Store.

(2) You acknowledge that this agreement is concluded solely between you and Firma Barande, and not with Apple Inc. or Google LLC. Neither Apple nor Google has any obligation to provide maintenance, support, or warranty for the app.

(3) Apple and its subsidiaries are third-party beneficiaries of this EULA and have the right to enforce its terms against the user.

§ 16 Limitation of Liability of Barande

(1) The operator is liable without limitation for intent, gross negligence, and injury to life, body, or health.

(2) For slight negligence in breach of essential contractual duties (cardinal duties), liability is limited to foreseeable, typical damages.

(3) Disclaimer for Transport and Items: As Barande is not a party to the Transportation Contract, the operator assumes no liability for transport execution, flight delays, luggage loss by airlines, damage, theft, customs seizures, or fines.

(4) The operator is not liable for third-party infrastructure outages (payment gateways, cloud providers) beyond reasonable control.

§ 17 Indemnification

The user agrees to indemnify and hold harmless the operator and its representatives from any third-party claims (including customs and law enforcement authorities) arising from the user's breach of law, prohibited cargo, inaccurate declarations, or contractual violations, including reasonable legal defense costs.

§ 18 Consumer Right of Withdrawal

Right of Withdrawal

Consumers generally possess a 14-day statutory right of withdrawal in distance contracts.

Early Expiry of Right of Withdrawal (§ 356(4) German Civil Code - BGB)

For service contracts (Barande mediation), the right of withdrawal expires early if the operator has completely rendered the service and commenced performance only after the consumer gave express consent and acknowledged that completion results in loss of the withdrawal right.

§ 19 Term, Termination & Account Deletion

(1) The user contract is concluded for an indefinite term and may be terminated by deleting the account in app settings.

(2) Active Booking Lock: Account deletion is prevented while active trips or pending shipments exist or if outstanding balances remain.

(3) The operator reserves the right to terminate accounts for cause with immediate effect upon severe violations of safety, customs, or EULA terms.

§ 20 Amendments to GTC

(1) The operator may amend these GTC prospectively for valid objective grounds (legal updates, new functionality).

(2) Notice of changes will be provided at least 30 days in advance via email or in-app notification. If the user does not object within 30 days, changes are deemed accepted.

§ 21 Dispute Resolution & Online Dispute Resolution (ODR)

(1) The European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/.
Our contact: connect@barande.app

(2) The operator is neither obliged nor willing to participate in consumer dispute resolution proceedings.

§ 22 Governing Law, Jurisdiction & Severability

(1) Governing Law: Laws of the Federal Republic of Germany apply, excluding CISG. Consumer mandatory statutory protections remain unaffected.

(2) Place of Jurisdiction: Exclusive jurisdiction for commercial entities is Berlin, Germany.

(3) Severability: Should any provision be invalid, the validity of remaining provisions remains intact.