I. General terms of use
§ 1 General information
(1) The following terms of use apply to all contracts and agreements between Entrex e.K. - subsequently referred to as the provider - and the customer - subsequently referred to as the customer or the user - which can be concluded on the provider's websites and/or mobile apps. Any customer who signs up for any of our provided services agrees to all of our terms of use, unless noted otherwise. This also applies if the customer has any terms and conditions of his own.
(2) A customer is defined as a natural person that is authorized to conclude a deal which is restricted to their private activity, excluding any commercial or professional involvements and/or claims. A contractor is defined as a natural person, corporate entity or business partnership that concludes any given deal as part of their commercial and/or professional activity.
§ 2 Object of agreement
On this website and the corresponding mobile apps, the provider offers an online dating service which allows users to get in touch and maintain contact with each other. Unless noted otherwise, the terms and conditions apply to both the website and the mobile apps.
The basic access to this site is free of charge for any customer. In addition, the provider offers several Premium services to the customer's expense.
The details, especially those concerning the defining features of the aforementioned service, can be found in the specification of services as well as in the additional information on the provider's website.
§ 3 Creating an account, user profile
(1) Creating an account is necessary in order to be part of our user database and to make use of our provided services. The act of creating an account is free of charge and liabilities. As part of the registration process, a user profile will be created using the customer's chosen nickname and password.
The customer is obligated to provide only truthful information in the process of creating a user profile.
The minimum age requirement for registering an account is 18 (eighteen) years.
Creating multiple accounts is prohibited.
At the customer's own request, we will immediately delete their user profile as well as all of their provided data and information.
The customer is able to request the deletion of their user profile and information on their own. On the website, this service is available at "My settings" - "Edit membership" - "Delete my profile". In the mobile apps, this service is available at "Settings" - "My account" - "Delete account".
(2) After completing the registration, the customer will receive an email containing an activation link as well as an activation code which can be used to enable their account.
The access data used to log in to our services have to be kept secret by the customer.
An account cannot be transferred to another person.
The creation of an account and the use of our services cannot be legally claimed.
(3) The customer is obligated to upload a profile picture on which they are clarly visible. The customer can upload the profile picture themselves using their account or, alternatively, send an email or a letter to the provider's designated address to get their picture digitalized and/or uploaded.
A user profile will only be activated after a profile picture has been uploaded.
(4) The provider may request a customer's personal ID, passport or driver's license in order to verify their profile's authenticity. When this happens, the customer will also be requested to black out any information on the document's copy except for their picture and their date of birth.
§ 4 Terms of use for the online dating site, user obligations
(1) The customer is fully responsible for the content and information they provide.
The usage of copyrighted content is prohibited.
By uploading content to their profile, the customer warrants that said content does not violate any copyright.
Only the use of pictures of which the customer holds complete copyright over is permitted.
When uploading a picture on which multiple persons are visible, the customer is obligated to get these person's agreements first in order to use the picture on their profile.
The provider is in no way responsible for any violations of law generated by a customer who uploads copyrighted content without the persmission of the copyright holder. This also applies any potential costs of legal defense.
(2) The customer is obligated to not publish anything which violates applicable law and/or common decency, most notably crude, sexual, racist, harassing, abusive and pornographic content. The same goes for the propagation of extreme political views.
(3) The customer is obligated to not publish any personal information on their user profile. This includes phone and mobile numbers, email and postal addresses, full names, messenger screennames and external links. Any user profile violating this rule can be deleted by the provider without prior notice.
(4) The customer is obligated to not use the online dating service for commercial use. The spread of commercial content is prohibited.
(5) The customer is obligated to not propagate any other online dating provider, most notably putting up links which redirect to any third party services. If this rule is violated, the provider has the right to legally claim indemnification.
(6) Messages to other users may onle be sent for the purpose of private and personal communication. Abusing this feature to send mass messages or chain letters of any kind is strictly prohibited.
It is prohibited to send any further contact information when writing a message to another user for the first time. This includes, but is not limited to: phone and mobile number, email and postal address, full name, messenger screenname and external links.
(7) The customer is obligated to not pass on any user's personal information (e.g. email address, messages) to third parties unless they have that user's full agreement.
(8) The provider reserves their right to delete content and user profiles without prior notice and without giving reasons. This goes in particular if a customer's user profile has violated the terms of use. Depending on the circumstances (e.g. in case of repated violations), the provider may permanently exclude a customer from using their online dating service. In this case, all prior purchases will automatically be rendered void. In case of a temporary exclusion, the amount of lost Premium time will not be considered, substituted or refunded.
§ 5 Realization of a contract regarding Premium services
(1) The offer for a fee-based Premium membership for the provider's online dating service is in no way a legally binding offer, but rather a prompt for the user to place an order.
(2) An order for a Premium membership can at all times be placed through the online order sheet provided in the Premium section in the customer's user profile.
This online order sheet can be accessed through the button 'Become a premium member' at the upper part of the website or the button 'Get Premium or extend your membership' on the page 'Overview of services'. There, the customer can choose the duration and set up a preferred method of payment (if the customer chooses direct debit, they have to provide their bank account data).
An overview of the purchase will be shown afterwards. Before confirming, the customer still has the option to check the details of the purchase and, if necessary, make changes or cancel it altogether (also possible by using the 'back to previous site' function of their browser). By confirming the purchase, the customer enters a binding contract with the provider.
In the mobile apps, the way purchases are conducted depends on the operating system (Play Store on Anroid, iTunes on iOS). By choosing a duration and method of payment in the app and cofirming said purchase, the customer will then be redirected to the respective online store for payment.
Likewise, the in-app purchase of Coins is also conducted via Play Store or iTunes. By choosing "Coins" in the navigation bar, the customer can choose to "Recharge Coins", where the separate Coins packages are listed. By confirming the purchase, the user will be redirected to the respective store for payment.
(3) Accepting an offer (and the respective contract) ensues by either receiving a confirmation email or being activated as a Premium user on the website or in the mobile apps.
Should the customer not receive any notification over their purchase or not get activated as a Premium member over a period of five days, the contract is not binding anymore. Any previously claimed services will be refunded.
(4) Any requests for the purchase of Premium services which are sent to the provider by the customer are noncommittal. The provider will send a committed offer to the customer which they can accept within 14 days by paying the respective amount.
(5) The purchase processing and transmission of all contract-relevant data is conducted via email. This is a partly automatized process.
It is the customer's obligation to ensure that the email address is correctly deposited in the provider's database and that emails can be received without any trouble (especially all kinds of SPAM filters)
§ 6 Service provision, right of retention
(1) The service provision (activation) on the website will be achieved instantly if the payment is conducted through direct debit or PayPal. With every other method of payment, the service provision will follow within 4 days (unless noted otherwise).
With the activation of a Premium membership, the customer has access to additional features, listed in detail on the Overview of services page.
(2) The service provision in the mobile apps is conducted through the respective online stores (Play Store on Android, iTunes on iOS) where further information regarding the purchase is also available.
(3) The customer only has a right of retention if the claims are from the same contractual relationship.
§ 7 Contract duration, notice of cancellation
(1) Any contract between the provider and the customer regarding Premium services has the stipulated duration.
If the payment is conducted through direct debit or PayPal, a tacit automatical renewal will ensue unless a notice of cancellation is issued by either of the contracting parties within 7 days before expiration. This can be done via email or directly on the website ("My settings" - "Edit membership" - "Cancel Premium").
If another method of payment is used, the membership ends automatically after the purchased time has expired.
(2) If PayPal is chosen as the method of payment, their direct debit authority automatically expires after a note of cancellation has been successfully issued.
(3) A Premium membership that was purchased in the Play Store (Anroid) or in iTunes (iOS) can only be cancelled there.
(4) The right of withdrawal without notice is not affected by any of the above-mentioned points.
The provider has a right of withdrawal without notice when the customer knowingly and/or repeatedly violates the terms stated in § 4. In this case, the customer is obligated to make amends.
(5) If the payment is conducted through direct debit and has not yet been terminated on the side of the customer, they can check the date of renewal as well as the approximate date of debiting in the member area (when logged in).
§ 8 Copyright
All of the provided content, including texts and images, is protected by copyright law.
Usage, reproduction or editing of any part of the copyrighted content without the provider's permission is strictly forbidden.
§ 9 Choice of law and jurisdiction, place of fulfillment
(1) German law applies. Customers are only obliged to this if it doesn't negatively affect the legal protection provided by the country of their habitual residence.
(2) Place of fulfillemt and jurisdiction for all available contractual services is the provider's place of business, as long as the customer is not a private consumer, but a businessman, legal person under public law or public separate estate. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if their place of residence is unknown during commencement of proceedings. The capacity to consult a court at any other place of jurisdiction is excluded from this regulation.
(3) The UN convention on contracts for the international sales of goods is explicitly not applied.
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