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Does a FOSS App need TOS and Privacy Policy?
(feddit.de)
If it's free and open source and it's also software, it can be discussed here. Subcommunity of Technology.
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
I found an academic article (Vogel et al 2019) that analyses this phrase. Key points:
when the German legislator uses geschäftsmäßig, this demonstrates a clear difference in intention from gewerbsmäßig or gewohnheitsmäßig
the article quotes Franz von Liszt 1881, and this definition seems to be accepted to this day:
the term geschäftsmäßig is significant for §5 TMG, but has also reached wider attention in the discussion around the decriminalization of assisted suicide.
So the key defining aspect is the auf regelmäßige Wiederholung gerichtete Absicht, the intention directed towards regular repetition.
This meaning in legalese German is divorced from everyday language.
§ 5 TMG has the interesting construction of "geschäftsmäßige, in der Regel gegen Entgelt angebotene Telemedien". So the TMG does not seem to care whether you have a profit motive, only that other people might provide this kind of service for a profit motive. If other people would provide instances of Discord bots in order to get donations, that might already bring you in scope.
This is not legal advice, but it seems like your options are to either avoid running an instance of the bot, only running it in a private context without access from a wider public, or sucking it up and providing the necessary documentation.
And no, it is probably not possible to use a PO box because you don't live or work at that address. The general expectation seems to be for the address in an imprint to be ladungsfähig, so that you can be served there. This random lawyer's website writes:
Thank you. This is very helpfull.
I think I'll have to sleep on this one.
It sucks that I have to dox myself in order to provide a free service, where I don't receive any economic benefits. It doesn't seem fair.