General Terms and Conditions of Joyride GmbH ("Terms of Use")
§ 1 General Regulations
(1) The provider of the JOYRIDE, LOVELY, YOULOVE, FINALLY, JAUMO, DISCO and SPICY app (hereinafter referred to as the "App") is Joyride GmbH, Bartenbacher Str. 4, 73033 Göppingen, Germany (hereinafter referred to as "we"). We make our App available for use by private individuals who have reached the age of 18 (hereinafter referred to as "Users"). Commercial use of the App by a User is not permitted. A free registration is required for the use of the App; there is no entitlement to use our free App.
(2) These Terms of Use contain the conditions for the use of the App. We do not recognize any terms and conditions of a User that deviate from these Terms of Use, even if they have not been expressly contradicted.
§ 2 Our Services; Availability
(1) The App can be downloaded free of charge on various platforms in its respective version and installed on a mobile device for use. With the App, we provide a platform on which registered Users can create their own profile with information and pictures and communicate with other registered Users (hereinafter referred to as the "Profile"). The service description of the App can be found at the end of this page.
(2) We are entitled, but not obliged, to continuously develop the App. The further development of the App may lead to an expansion and/or modification of the App with the consequence that new functionalities are available, existing functionalities are optimized in their process and/or user guidance, or data management is adapted to the state of the art.
(3) Only such information about Users is available that has been released by the respective User in their Profile. The information of the respective Users is displayed as it is provided by the User. The respective User alone is responsible for the content of such information in their Profile. We expressly do not adopt the content of the Users as our own.
(4) The availability of the App is 99.5% on an annual average. The periods during which
(a) disruptions in or due to the condition of parts of the technical infrastructure required for the execution of the App that are not to be provided by us or our vicarious agents;
(b) only an insignificant reduction in suitability for contractual use;
are also considered available for use (availability given).
(5) The App and the User's Profile content are regularly backed up on our server, at least daily.
(6) The transfer point for the App and the User's Profile content is the router output of our data center.
(7) We are not responsible for the quality of the required hardware and software on the User's side or for the telecommunication connection between the User and us up to the transfer point.
§ 3 Free Use; Paid Additional Functions
(1) The download and installation of the App on a mobile device and the creation of a Profile are free of charge for the User; the User only has to agree to the validity of these Terms of Use. The use of the App in its basic functions is also free of charge for the User.
(2) We offer additional functions within the App for a fee. Prices include statutory sales tax.
§ 4 Rights of Use
(1) We grant the User a simple, unlimited in time, non-transferable and non-sublicensable right of use to the App.
(2) The User grants us a simple, non-transferable right of use to the information and pictures provided by him in his Profile until the User deletes his Profile. We are also entitled to highlight pictures and information of a User stored in a Profile and, for example, to present them on the start page of the App, on our website under JOYRIDE, LOVELY, YOULOVE, FINALLY, JAUMO, DISCO or SPICY-App or for advertising purposes on the Internet and on social media channels; we may technically prepare and adapt the content posted by the User in such a way that it can be displayed on mobile devices or software applications.
(3) Users do not grant each other any rights of use to the information and pictures provided in their Profile.
§ 5 User Obligations
(1) Each User of the App may only create one Profile. A User's Profile is not transferable to a third party.
(2) Users must truthfully provide their personal data in their Profile and keep it up to date at all times.
(3) The User will take all necessary precautions to prevent access by third parties to his Profile. Should a third party unlawfully gain access to the App installed on the User's mobile device, or should the User have a justified suspicion that a third party has unlawfully gained access to the App installed on his mobile device, the User must inform us immediately.
(4) The User will ensure that the rights of third parties are observed when using information and pictures in his Profile, in particular copyright, trademark law and the personal rights of third parties.
§ 6 Prohibited Conduct; Blocking; Exclusion; Indemnification
(1) Commercial use of our App is prohibited.
(2) The use of our App for illegal purposes, in particular in connection with fraud, money laundering or other abusive purposes, is prohibited. The demand for money or other valuables from another User in our App is not permitted.
(3) Content glorifying violence, endangering minors, racist or pornographic content in a User's Profile or in statements in chat with other Users is prohibited.
(4) Inappropriate behavior, in particular through insults, harassment, threats, aggressive behavior or other actions that endanger the well-being of other Users, is prohibited towards other Users.
(5) Users may not refer to external offers in their Profiles or messages to other Users that compete with our services.
(6) If a User violates one of the regulations in the preceding paragraphs 1 to 5 for reasons for which he is responsible, we can block the customer's access to the App and his Profile if the violation can demonstrably be remedied thereby. If a User intentionally and/or repeatedly violates one of the preceding regulations, we are entitled to exclude the User from using the App.
§ 7 Termination; Cancellation
(1) The right to free use of the App is for an indefinite period. Each party is entitled to terminate the user relationship at any time.
(2) If a User uses our paid services, the use is managed exclusively directly via the respective payment provider (Google Play or iTunes). There, the User can view the agreed duration of use and cancel the contract at any time.
(3) The right to terminate for good cause remains unaffected.
(4) After termination of the contractual relationship, the User must stop using the software and remove all installed copies of the App from his devices.
§ 8 General Liability
(1) Insofar as we provide our services free of charge, our liability is governed by §§ 599 of the German Civil Code. In the case of simple negligence, we are also liable for damages resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this.
(2) In the context of providing our paid services, we are liable – regardless of the legal reason – for damages or reimbursement of futile expenses in accordance with the following provisions under letters (a) and (b):
(a) In the case of intent or gross negligence, we are liable without limitation. In the case of simple negligence, we are only liable for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the User regularly relies and may rely); in this case, however, our liability is limited to the compensation of the contract-typical, foreseeable damage.
(b) The exclusions and limitations of liability resulting from letter (a) do not apply insofar as we have fraudulently concealed a defect or have given a guarantee for the quality of the item, for damages resulting from injury to life, body or health, and in the case of liability under the Product Liability Act.
(3) Insofar as liability towards us is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
§ 9 Miscellaneous
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
Service Description
We operate apps with which singles can meet like-minded people. We provide a platform on which registered Users can create their own profile with information and pictures and communicate with other registered Users.
By creating their own profile, the User gains access to a social network where they can meet and contact other Users. Users can, on their own initiative, exchange ideas and content that are important to them with other community members by contacting other Users directly or sharing personalized content on their profile.
Occasionally, Users may receive messages with unwanted content, such as spam messages. To avoid such inconveniences as much as possible, our messaging service offered within the apps provides a free control system that automatically filters out unwanted messages. We endeavor to sort out harassing messages as much as possible in advance, but cannot guarantee the User a seamless and flawless review of all incoming messages.
