General Terms and Conditions of Use LOVOO

1.1 These General Terms and Conditions (“GTC“) govern the contractual relationship between PE Digital GmbH, {{adress}}, (“LOVOO”) and the user who uses the services of LOVOO (“LOVOO Services”) (“User”), and define the terms and conditions under which LOVOO Services are provided on the lovoo.com (“Website“) and in the mobile apps for iOS and Android devices (“Mobile Apps“).

1.2 Deviating provisions and, in particular, terms and conditions of the user that conflict with these GTC require the express consent of LOVOO in text form. These GTC, together with the Community Guidelines and any supplementary terms and conditions (e.g. competition terms and conditions) agreed between the user and LOVOO , the Terms of Use (hereinafter together: “Terms of Use“).

1.3 Information on how personal data is processed and what rights the user has with regard to data protection can be found in the privacy policy.

1.4 The generic masculine form used refers to all gender identities equally.

2 Conclusion of the Contract, Registration

2.1 The user agreement concluded by and between LOVOO and the User is formed on completion of the User’s registration for a user account.

2.2 The User may register free of charge by completing the registration form. The user account is activated on completion of the registration process. The User may also register using third-party connect functions provided by the likes of Snapchat, Google, or Apple (“Third-Party Providers”). In such cases, selected data from the respective user profiles is stored in the LOVOO database. When registering through Third-Party Providers, the User agrees to the respective Third-Party Provider’s terms and conditions and consents to the storage of certain data in the LOVOO database in accordance with the Privacy Policy.

2.3 LOVOO reserves the right to refuse to complete the registration process for objectively justified reasons, including:

Previous violations of the Terms of Use;
Fraud prevention measures;
Reasonable doubts about the stated identity;
Suspicion of spam or improper usage intentions;
Doubts about the stated age or legal majority;
Attempted registration in markets where the LOVOO Services are not available.

LOVOO may make registration completion dependent on additional steps, such as an identity verification process or spam prevention measures.

2.4 Multiple registrations are prohibited. Each User may only maintain one user account at any given time. Any existing user account must, therefore, be deleted before a new user account may be registered for the same User. Users who have been banned by LOVOO are prohibited from repeat registrations.

3 User Eligibility

3.1 Use is only permitted to natural persons who have reached the age of 18. If the age of majority at the User’s place of residence or habitual residence is reached only upon attaining a higher age, that age shall be deemed to be the minimum age. If there are any doubts about the User’s stated age, LOVOO may require the User to undergo biometric age verification and/or provide an official identity document with the User’s photograph for verification purposes.

3.2 The LOVOO Services may generally only be used by consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity (“Consumer”). The LOVOO Live Video feature (“Live”) may be used by Consumers as well as by persons who use Live in the exercise of their commercial or independent professional activity (“Business Users”).

3.3 The use of the LOVOO Services by sex offenders is expressly prohibited. Sex offenders are persons who are either registered as “sex offenders” in the United States or have been convicted of sexual offenses or other applicable regulations for the protection of children and young people. However, LOVOO does not conduct background checks on users’ criminal history.

4 LOVOO Services

Use of the LOVOO Services is generally free and supported by advertising. Certain additional features may require a one-time payment, purchase of virtual goods, or a subscription as described below. All prices and terms and conditions are clearly communicated before purchase.

4.1 Subscriptions

The User has the option of purchasing paid-term subscriptions (“Subscription). The User may choose between various terms. Subscriptions are paid services with payment made in advance for the billing intervals selected at contract conclusion (“Billing Periods”). The first payment is due on conclusion of the Subscription. Payment amounts and Billing Periods are displayed to the User on the order page before ordering and in the confirmation email that the User receives after placing their order.

4.1.1 During an active Subscription, the features are extended for the duration of the term under the conditions applicable to the Subscription.

4.1.2 Both LOVOO and the User may cancel Subscriptions with 24 hours’ notice before the respective initial term expires. It should be noted that, for some countries and regions, Apple or Google may have special cancellation guidelines that specify the User’s right to cancel their Subscription before the end of the current Billing Period and/or request a refund. All the relevant information can be found on Apple’s (https://getsupport.apple.com/) or Google’s (https://support.google.com/googleplay/) support pages.

4.1.3 Cancellation of a Subscription does not automatically result in deletion of the user account. The User may continue to use their user account without the additional features after canceling the Subscription.

4.1.4 Cancellation must take place in the Apple App Store for Subscriptions concluded through that platform, as LOVOO has technical limitations in processing refunds / cancellations of these purchases. Subscriptions taken out through other payment providers (e.g. Google or PayPal) may be canceled directly through the respective provider or at least in text form (e.g. email or letter) with LOVOO. In case of cancellation, the User must provide the order or transaction number applicable to the Subscription; otherwise, assignment of the Subscription to the user account is not possible. The User receives the order or transaction number after purchase in a confirmation email from the selected payment provider. The User may also view this information in the user account that they maintain with the payment provider.

4.1.5 If the Subscription is not canceled by 24 hours before the expiration of the respective selected initial term, the Subscription shall renew automatically (“Automatic Renewal”). After Automatic Renewal, the contract may be terminated at any time by giving a notice period of at most one month. The User receives all the specific information about cancellation and Automatic Renewal during the ordering process.

4.1.6 Where due cause exists, LOVOO may extraordinarily cancel the Subscription without observing a notice period and delete the User’s user account. Due cause includes, in particular, serious or repeated violations of the Terms of Use or the use of the user account for illegal activities. If LOVOO terminates a Subscription for due cause attributable to the User, the User must compensate LOVOO for any damages incurred.

4.2 Virtual Goods

4.2.1 The User may purchase various virtual goods within the LOVOO Services, such as. Credits or Icebreakers (“Virtual Goods”).

4.2.2 The User may use Virtual Goods within the LOVOO Services to activate additional features (e.g. gifts as defined in Section 5.4.1).

4.2.3 For paid Virtual Goods, the respective price, any expiration date, and the respective underlying terms are displayed to the User before purchase and are also set out in the email that the User receives as an order confirmation.

4.2.4 Users who are habitually resident outside of the European Union may only purchase Virtual Goods or a Subscription in the country where they have their habitual residence. Users who are habitually resident in the European Union may only purchase Virtual Goods or a Subscription within the European Union.

4.2.5 Virtual Goods are linked to the user account of the User who purchased them. They cannot be transferred to other user accounts, sold, gifted, or exchanged by the User. Any attempted or completed transfer outside of the channels authorized by LOVOO constitutes a serious violation of the Terms of Use.

4.2.6 If a user account is deleted or suspended, all associated Virtual Goods shall permanently expire without the User having any right to refund. LOVOO assumes no liability for expired Virtual Goods after account deletion.

4.2.7 The User acknowledges that none of the Virtual Goods constitute property, represent no asset value, and use of the same is completely controlled by LOVOO.

4.2.8 LOVOO reserves the right to adjust or discontinue features or availability of Virtual Goods at any time, to introduce expiration dates or redemption conditions, and/or to revoke or modify Virtual Goods.

5 Live

LOVOO offers the Live feature in selected countries. Live is a video streaming feature for Mobile Apps where users can interact with one another. Users may create a livestream on Live that any number of other users may watch, comment on publicly, or join as guests (“Livestream”). Users who create such Livestreams are referred to below as “Streamers”. Users who watch other users’ Livestreams are referred to as “Viewers”.

5.1 User Obligations

The User agrees to provide personal data to LOVOO when using Live. This does not prevent the User from exercising their rights under data protection law, particularly revoking any consent given and/or objecting to the processing of their data in accordance with the applicable data protection regulations. However, if revocation of consent and/or objection to processing results in continuation of the contractual relationship becoming unreasonable considering the scope of the still-permitted data processing and weighing up both Parties’ interests, LOVOO may terminate the contract with the User with immediate effect and without notice. If the User also uses paid services whose provision becomes impossible due to the User exercising their rights under data protection law, any payment claims made by LOVOO shall remain unaffected by this. Refunds are excluded in this case. The provisions set out in the Privacy Policy also apply.

5.2 Commercial Use of Live

5.2.1 Live may be used by both Consumers and Business Users as defined in Section 3.2. If a User intends to use Live entirely or predominantly for commercial purposes (“Commercial Use”) and particularly to generate a permanent source of income from cash rewards, the User must notify LOVOO to this effect in writing or in text form (e.g. email). If Live is initially used predominantly for private purposes but is later used predominantly for commercial purposes, this shall also constitute Commercial Use from such time of the predominantly Commercial Use.

5.2.2 Commercial Use is only permitted with LOVOO’s consent, which must be declared in text form (e.g. by email). LOVOO may not refuse consent without an objective reason.

5.2.3 Commercial Use of Live without proper consent may lead to permanent suspension without prior warning if the duration and/or scope of Commercial Use is substantial.

5.2.4 LOVOO sends invoices and credit notes under Section 14 of the German Value-Added Tax Act (UStG) by email as PDF files. LOVOO does not generally offer provision of invoices and credit notes under Section 14 of the UStG by other means or in other formats.

5.3 Streamers’ Additional Obligations; Taxes and Social Security Contributions

5.3.1 Streamers are obligated to take all reasonable measures to ensure that Viewers and other Streamers comply with the Terms of Use. Additionally, Streamers are encouraged to report behavior by Viewers who violate the Community Guidelines.

5.3.2 Streamers may not make misleading statements about their location.

5.3.3 When Streamers redeem diamonds, this constitutes compensation for the artistic performance that they have provided to LOVOO. The place of performance is Germany. Streamers are themselves responsible for correct taxation and fulfillment of their social security obligations in connection with their income and earnings. Streamers who redeem diamonds must ensure that LOVOO is correctly informed at all times of their VAT status through a letter from their competent tax office. Additionally, they must ensure that LOVOO is correctly informed as to whether they are subject to taxation in Germany or abroad in accordance with Section 1 of the German Income Tax Act (EStG) and what nationalities they hold.

5.3.4 Streamers must report the income that they earn through Live to the competent public authorities (particularly tax authorities and social security institutions) in a timely, complete and proper manner.

5.3.5 Streamers are obligated to provide LOVOO with comprehensive and prompt support in fulfilling reporting obligations vis-à-vis third parties, particularly to completely deliver requested evidence without delay and to completely and truthfully answer any inquiries from LOVOO without delay.

5.3.6 LOVOO may file a suspicious activity report with the competent authorities (particularly tax and social authorities) if there is reasonable suspicion of failure to comply with these obligations.

5.3.7 LOVOO does not provide legal or tax advice.

5.4 Virtual Gifts

5.4.1 Virtual gifts (“Gifts”, individually “Gift”) are digital animations that Viewers can send during Livestreams in Live. By using Gifts, a Viewer can express their recognition and appreciation of content that a Streamer provides in the Livestream.

5.4.2 When a Gift is triggered, an animation that is visible to the Streamer as well as all Viewers appears.

5.4.3 Gifts are provided exclusively by LOVOO and serve the purpose of social interaction and entertainment. They have no economic value and do not establish any monetary claims.

5.4.4 The selection of available Gifts (including seasonal or themed variants) may vary and is determined by LOVOO at its discretion.

5.4.5 Gifts can be triggered by using Credits. The number of Credits required is clearly displayed before triggering.

5.4.6 Once triggered, Gifts cannot be recalled, reversed, or refunded – even if the animation is not displayed or is only partially displayed for technical reasons.

5.4.7 Sending a Gift does not establish a contractual relationship between the Viewer and the Streamer.

5.4.8 Users do not acquire ownership of Gifts. They merely represent a non-transferable, revocable right of use to display an animation in the Livestream. The Gifts may not be reproduced, transferred, distributed, or licensed. LOVOOreserves the right to change, restrict, permanently remove, block, or withdraw Gifts at any time if they were triggered through automated processes, manipulation, or rule violations.

5.5 Virtual Diamonds

5.5.1 Virtual diamonds (“Diamonds”) are Virtual Goods that LOVOO awards to Streamers as part of a reward system. They are awarded based on Virtual Gifts sent by Viewers during a Livestream.

5.5.2 Diamonds are not legal tender, property, or a transferable asset, and have no real monetary value outside of Live.

5.5.3 Streamers may receive Diamonds when a Gift is triggered during a Livestream with legitimately acquired Credits, there is no right to refund or revocation regarding the Credits, the Credits do not originate from prohibited actions, and the Streamer does not violate the Terms of Use during the Livestream.

5.5.4 Diamonds may also be awarded through competitions, promotions, or special programs by LOVOO. The terms of participation are communicated separately.

5.5.5 LOVOO may subsequently reverse Diamonds if it transpires that not all the prerequisites mentioned in Section 5.5.3 are met or that the Diamonds were credited in error. If this results in a negative Diamond balance, the Streamer must settle this within six weeks – either by repaying the paid-out monetary amount or by returning the corresponding Credits. The same conversion ratio applies as when requesting cash or credit rewards.

5.5.6 Diamonds may only be used for payment in euros (“Cash Reward”) or exchanged for Credits (“Credit Reward”).

5.5.7 Diamonds cannot and may not be used to purchase goods or services – either within or outside of the platform. Streamers are not entitled to payout of Diamonds.

5.5.8 LOVOO has the right to forfeit collected Diamonds either in whole or in part in an amount proportionate to the violation if a Streamer violates the Terms of Use.

If a user account is deleted or permanently suspended, all associated Diamonds shall expire permanently and without replacement.

5.5.9 LOVOO is entitled to retain a reasonable portion of the Diamonds present in the Streamer’s user account as security (“Security Retention”) (i.e. not to release them for Credit Rewards or Cash Rewards). This Security Retention serves to secure all existing, future, conditional, and time-limited claims that LOVOO has against the Streamer, particularly claims in connection with chargebacks. LOVOO regularly reviews the amount of Security Retention on a Streamer-dependent basis. If LOVOO implements a Security Retention, LOVOO shall notify the Streamer by email.

5.5.10 LOVOO may offset and satisfy third-party claims (asserted by authorities, for example) against the Streamer by debiting Diamonds through a Cash Reward, provided that a legally binding decision has been made on the claims or an enforceable administrative decision exists. LOVOO may proceed accordingly for its own claims against the Streamer, but without being subject to the aforementioned restrictions. To determine the value of the Diamonds, the conversion rate of Diamonds to euros in the currently valid version shall apply.

5.6 Redemption of Diamonds

5.6.1 Streamers may redeem their collected Diamonds either as Cash Rewards or Credit Rewards. Redemption is only possible if all the requirements, thresholds, and verification processes in accordance with this section are met.

5.6.2 The following minimum requirements apply to redemption: reaching the required minimum amount of Diamonds (payout or exchange threshold); the Diamonds were properly credited and are not subject to revocation or chargeback claims; successful verification of the Streamer’s identity according to LOVOO’s requirements; for payouts: storage of a valid payout account denominated in euros and in the Streamer’s name. Which payout accounts (e.g. PayPal account; bank account) LOVOO accepts is at LOVOO’s sole discretion and may be changed by LOVOO at any time.

5.6.3 The number of Diamonds to be redeemed must correspond exactly to one of the established conversion levels. Partial amounts are not possible.

5.6.4 A renewed payout is permitted at the earliest 24 hours after the previous payout. Additional restrictions may be established by LOVOO.

5.6.5 To protect against misuse, LOVOO may delay payout or credit by at least 48 hours, particularly to verify:

the origin of the Diamonds;
the accuracy of identity documents;
tax information and compliance with legal obligations.

5.6.6 LOVOO is entitled to refuse redemption if: there is suspicion of misuse, manipulation, or technical circumvention; a chargeback of the underlying Diamonds is likely; identity verification has not been successfully completed.

5.6.7 Assignment, seizure or pledging of the claim to the cash reward is excluded. If the claim to payment of the cash reward is seized by a third party, LOVOO may charge the streamer flat-rate costs of EUR 5.00 per month for each month of seizure.

5.6.8 LOVOO may change conversion rates, conversion levels and minimum amounts for redemption at any time at its reasonable discretion.

5.6.9 If the User is not a Consumer, all disputes arising from or in connection with the Diamond program or regarding its validity shall be finally settled in accordance with the Arbitration Rules set down by the German Arbitration Institute (DIS), excluding ordinary legal recourse. The arbitration tribunal consists of a sole arbitrator at LOVOO’s current registered office. The place of arbitration is Hamburg. The language of the proceedings is German.

5.7 Prohibited behavior in connection with Live

5.7.1 The provisions set out in the Community Guidelines also apply to Live.

5.7.2 Additionally, any improper use of Live is not permitted. Misuse includes, in particular, increasing revenue participation through Credit Farming, self-gifting, group gifting, as respectively defined below, misleading or incorrect location information, or Commercial Use of Live without LOVOO’s prior consent.

5.7.3 Credit Farming occurs when an individual user or a group of users creates or uses user accounts to systematically collect free Credits. Credit Farming also occurs when free Credits are obtained through manipulation, deception, or exploitation of programming errors. The User may not participate in Credit Farming in any way, and particularly may neither provide their user account for Credit Farming nor use it for that purpose.

5.7.4 Self-gifting occurs when the Streamer directly or indirectly sends Virtual Gifts to themselves with their own user account or a second other user account (whether their own profile or the profile of a third party cooperating with the Streamer).

5.7.5 Group gifting occurs when multiple users work together to send Virtual Gifts to one another with the primary purpose of increasing their Diamond rewards.

5.7.6 Users may not misuse or manipulate Credits, Gifts, or Diamonds. Any action aimed at artificially influencing or deceiving the reward system is prohibited.

5.7.7 Techniques for circumventing the system rules, such as IP spoofing, device ID obfuscation, or targeted exploitation of security vulnerabilities, also constitute misuse.

5.7.8 Any other behavior that is comparable in intent, effect, or structure to one of the above-mentioned behaviors also constitutes misuse.

5.7.9 Users, particularly Streamers, are obligated to cooperate fully and without delay in investigating cases of misuse. Refusal to cooperate or delayed cooperation may itself be deemed a violation.

5.8 Special Sanctions for Prohibited Behavior in Connection with Live

5.8.1 In case of violations of Section 5.7, LOVOO shall be entitled, among other things, to reverse Diamonds, unwind Cash or Credit Rewards, suspend or delete the user account, temporarily or permanently withdraw Diamond crediting, and, if necessary, file reports with authorities.

5.8.2 LOVOO may temporarily or permanently block Diamond redemptions as long as there is suspicion of misuse.

6 Security, Technical Requirements, and Availability

6.1 Availability of the LOVOO services

LOVOO shall make all reasonable efforts to ensure that the platform is available to the greatest extent possible, but at least 98% of the time per year. The User acknowledges that there may be downtimes due to maintenance work and software updates, as well as times when the service is inaccessible over the internet due to technical and other problems beyond LOVOO’s control (force majeure, third-party fault, etc.).

6.2 Outages and Disruptions

When LOVOO becomes aware of platform outages or disruptions, LOVOO shall attempt to resolve them as quickly as possible within regular business hours in Germany (Monday to Friday, 9:00 a.m. to 6:00 p.m., excluding public holidays at LOVOO’s registered office). If an outage or significant disruption cannot be resolved within 48 hours, LOVOO shall notify users by email, stating the expected duration of the outage or disruption.

6.3 Using Current Versions

To use the LOVOO Services to their full extent, the User must use the latest technologies on their device, the latest (browser) technologies on their computer (e.g. activation of JavaScript, cookies, popups) or a current Android or iOS version, or enable use of the same. If older or non-standard versions or technologies are used, the User may only be able to use LOVOO Services to a limited extent.

6.4 Installing Updates

When LOVOO offers updates, the User is strongly advised to install them as soon as possible. It is the User’s responsibility to install updates that LOVOO offers within a reasonable timeframe. If the User fails to do so despite LOVOO having notified the User of the update’s availability and the consequences of not installing it, LOVOO shall not be liable for any product defects resulting from the failure to install the update. If the User is unable to properly perform the installation based on the information provided to them, they are obligated to inform LOVOO without delay.

7 User Obligations

7.1 Truthful and Accurate Information, Evaluation by LOVOO

7.1.1 The User may use a pseudonym as their username for the platform instead of their real name. Information that the User shares through their user account (e.g. profile information or pictures) must be authentic and accurate in accordance with these Terms of Use.

7.1.2 The User shall ensure that they are contactable using the contact information provided during registration. The User shall keep the contact information stored on file with LOVOO up to date and use them to communicate with LOVOO to enable assignment to the User’s user account. If the User communicates with LOVOO using contact information other than that provided, the User must prove their identity so that their inquiry can be answered. Delays due to missing User information are the User’s responsibility.

7.1.3 LOVOO may have the accuracy of the information provided by the User verified to guarantee the User’s identity and platform functionality. The User shall prove their identity or verify themselves at LOVOO’s request. The User’s refusal or failure to verify their identity may justify extraordinary termination without notice by LOVOO.

7.2 Granting Rights of Use

7.2.1 The User grants LOVOO a simple, spatially, temporally and substantively unlimited and sublicensable right of use to all content that the User provides in the context of using the LOVOO Services, including the content in the profile or on Live (“User Content”). Content exchanged bilaterally between two users (e.g. messages or other chat content) is not deemed to be User Content as defined in this provision.

LOVOO is particularly entitled to store, reproduce, modify, and edit the User Content, insert it into databases, and publicly reproduce and stream it, as well as make it publicly accessible. The right of use includes the right to commercial and non-commercial use for all known and unknown types of use. This particularly includes the right of use on its own or third-party websites / portals, apps or other telemedia, databases, virtual reality (VR) or augmented reality (AR) applications, NFTs, and in neural networks and AI systems. In particular, it is permitted to use User Content either in whole or in part as training, validation, prompting, input, and test data for AI systems, for example with regard to proprietary and third-party base models, AI system algorithms, caption and metadata creation, as well as exploitation of products generated by such AI systems. The use of User Content for advertising and marketing the LOVOO Service in any way, including use in social media, contests, and direct marketing is also permitted.

7.2.2 The User warrants that they are the unrestricted owner of the User Content and that they are authorized to grant the right of use in this form to their User Content and can freely dispose of the same in the contractual form, and that the User Content is not encumbered with third-party rights or claims, does not violate copyrights, other third-party rights (e.g. privacy rights, naming rights, trademark and patent rights, etc.), laws, and/or common decency. If the User becomes aware that third-party rights exist, they must inform LOVOO to this effect without delay. The User shall hereby indemnify LOVOO against any third-party claims in this regard and shall reimburse LOVOO for reasonable legal defense costs; this does not apply to users who do not use Live commercially if the User is not responsible for the (alleged) violation of third-party rights and/or laws leading to the claims.

7.3 User Messages

7.3.1 The User shall not send any private messages that violate the Terms of Use through the LOVOO Services. LOVOO is entitled to check private messages using technical procedures (e.g. using automated systems). The information gained in this way may be used to improve the security, quality, and functionality of these systems.

7.3.2 The User is responsible for regularly saving chats and the images contained therein in an appropriate manner. LOVOO reserves the right to delete shared content, such as content sent using chat messages (attachments) and the chat messages themselves, including voice messages and images in the chat, within a reasonable timeframe in case the user account of one of the users involved is deleted.

7.3.3 LOVOO is not obligated to transmit messages or other content that it reasonably suspects to violate the Terms of Use or to be similarly abusive. In particular, it is not obligated to transmit messages where facts justify the assumption that they are unsolicited advertising messages or similar violations of the Terms of Use. LOVOO uses spam filters for incoming private messages, but cannot guarantee that this will filter all spam messages without exception.

7.4 Liability for the User Profile and Duties of Care

7.4.1 The User establishes login credentials, their email address and/or mobile phone number, and a password for their user account.

7.4.2 The User is liable for all actions taken through fault on their part using their login credentials or user account. In particular, the User may not share their login credentials with third parties (e.g. spouses, partners, relatives, friends, etc.) and must always keep their login credentials protected from third-party access at all times. If there is reason to believe that the login credentials have been shared with or misused by third parties, the User must change the login credentials without delay and report any possible misuse of their login credentials or user account to LOVOO without delay.

7.4.3 The User is responsible for regularly backing up their data.

7.4.4 Despite all its efforts, LOVOO cannot guarantee the authenticity of all users who are active on LOVOO. This also applies if a user is marked as verified on LOVOO. Each user is individually responsible for checking another user’s information before interacting with them through chat conversations, meeting them outside of the LOVOO Services, or communicating in any other way. If the User becomes aware of false profile information or other violations of the Terms of Use, they may use the reporting channels set out in the Community Guidelines.

8 User Conduct and Sanctions for Violation of the Terms of Use

8.1 The User is obligated to behave on LOVOO in accordance with these Terms of Use, including our Community Guidelines. This expressly applies to Live too. In particular, the User is solely responsible for the content that they distribute. In case of violations, LOVOO is entitled to impose appropriate sanctions in accordance with our Community Guidelines.

8.2 If the User:

uses the LOVOO platform (except for Live) for commercial or business purposes without authorization;
uses the platform to send messages that are prohibited under Section 9.3.1; or
commits identity fraud on the platform,

they must also pay LOVOO a contractual penalty of EUR 10,001.00. LOVOO’s right to assert further claims remains unaffected by this.

9 User Liability for Damages If User Obligations Are Breached

In case of intentional or negligent breach of the user obligations under the Terms of Use, the User is obligated to compensate LOVOO or its legal representatives or vicarious agents for any damages incurred.

10 LOVOO Liability

10.1 Liability on the part of LOVOO – irrespective of the legal grounds – shall only arise if the damage:

was caused by a culpable breach of one of the cardinal obligations or material ancillary obligations in such a way that jeopardizes achievement of the purpose of the contract; or
is due to gross negligence or intent on the part of LOVOO.

If LOVOO did not act with gross negligence or intent, LOVOO’s liability, even in case of a breach of a cardinal obligation or material ancillary obligation LOVOO’s liability shall be limited to the extent of damage that LOVOO could typically expect to occur at the time the contract was concluded based on the circumstances known at that time. This applies equally to damages caused by gross negligence or intent on the part of employees of LOVOO’s agents who are not LOVOO’s managing directors or senior executives. Liability for consequential damages, particularly for lost profits or compensation for third-party damages, is excluded unless LOVOO is guilty of intent or gross negligence.

10.2 Damage compensation claims under the German Product Liability Act and claims for damages resulting from injury to life and limb or harm to health remain unaffected by the above limitations of liability.

10.3 LOVOO shall only be liable for data and program loss and restoration to the extent that this loss could not have been avoided by the User taking reasonable precautionary measures, particularly creating backup copies of all data and programs on a daily basis.

10.4 LOVOO is not liable for the content of other users that was not posted to the platform by LOVOO, unless LOVOO was aware of the illegality of the content.

10.5 LOVOO is also not liable for damages that are attributable to Third-Party Providers. Third-Party Providers are third parties whose services the User uses outside of the LOVOO Services, but that the User may have become aware of through the LOVOO Services, for example owners of meeting places that can be found in the Near You feature or operators of third-party services such as music streaming services that are linked with the LOVOO Services.

10.6 These limitations of liability in favor of LOVOO also apply to LOVOO’s legal representatives and vicarious agents.

11 Changes to Services and Terms

11.1 LOVOO reserves the right to change the LOVOO Services for valid reasons and at no additional cost to the User, or to offer alternative services

insofar as LOVOO is obligated to ensure that the LOVOO Services comply with the law applicable to the Services, particularly if the applicable legal situation changes;
insofar as LOVOO thereby complies with a court judgment or an administrative decision directed against LOVOO;
insofar as the respective change is necessary to close existing security vulnerabilities;
to adapt the LOVOO Services to a new technical environment or to an increased number of users;
if this is necessary for important operational reasons;
to maintain the contractual compliance of the LOVOO Services, particularly to meet current market requirements for services of the same type; or
if the change is purely technical or procedural in nature and has no material impact on the User, in particular changes that are purely graphical in nature and mere changes to how functions are arranged.

11.2 Updates that are required to ensure performance of the contract are not deemed to be changes as defined in the paragraph above.

12 Term, Termination, Account Deletion by the User

12.1 The user agreement concluded by and between LOVOO and the User based on these Terms of Use runs for an indefinite period of time.

12.2 The User may terminate their user agreement at any time without any need to observe a notice period by deleting their user account. To delete their user account, they will find a corresponding “Delete Account” option in their account settings on the Website and in the Mobile Apps. Termination can also take place in text form (e.g. by email) or in writing (e.g. by letter). In case of termination, the User must identify themselves, e.g. by providing the email address or phone number that they have stored in their user account. Otherwise, assignment to the user account is not possible.

13 Termination, Account Deletion by LOVOO

13.1 LOVOO may terminate the user agreement with an ordinary notice period of 2 weeks. This does not affect LOVOO’s right to terminate the user agreement for due cause (e.g. in case of serious or repeated violations of the Terms of Use).

13.2 If LOVOO terminates the user account for due cause that is attributable to the User, the User must compensate LOVOO for the damages incurred.

13.3 LOVOO may terminate the user agreement by giving notice in text form or in writing.

13.4 If LOVOO terminates the user agreement for reasons that are not attributable to the User, the User shall be entitled to a refund of the purchase price for the Virtual Goods still present in the User’s user account at the time the user agreement is terminated.

13.5 Additionally, all data relating to a user account, including user data in accordance with the Privacy Policy, is automatically deleted when the User is inactive. This is the case when 24 months have passed since the User’s last login.

14 Consequences of Termination or Deletion

On deletion of the user account by the User, all the Virtual Goods contained therein expire. No refund is provided for unused Virtual Goods or existing Subscriptions. Existing payment obligations shall remain in force, subject to the regulations regarding withdrawal.

15 Dispute Resolution

LOVOO is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16 Applicable Law, Place of Jurisdiction, Special Provisions for Users Outside of Germany

16.1 The law of the Federal Republic of Germany shall apply.

16.2 The Terms of Use do not restrict the User’s right to invoke the application of mandatory local law or a court jurisdiction that cannot be modified by contractual agreements.

17 Contract Transfer

17.1 Where due cause exists (e.g. discontinuation or fundamental change of LOVOO’s business model, change in the legal situation that makes continuation of business operations in their previous form impossible for LOVOO), LOVOO may transfer the contractual relationship with the User to a suitable company. Only a company that, considering all the circumstances, particularly its economic situation and history, offers the reasonable expectation of proper continuation of the contractual relationship with the User is suitable.

17.2 LOVOO shall inform the User of such a planned change of contractual partner, stating the company taking over and the reasons for the change, at least 4 weeks in advance. The User may terminate the contractual relationship with LOVOO at any time without any need to give notice and at no charge in accordance with Section 14. If the User does not terminate the contractual relationship with LOVOO, the contract transfer shall take effect on the date stated to the User in the notification.

18 Recommended Systems

In providing the LOVOO Services, LOVOO uses algorithmic recommendation systems. More detailed information about this can be found here.

19 Service Customization

The prices for the paid LOVOO Services may vary depending on various factors, such as age, income, registration device, or gender. The services are personalized based on automated decision-making, with at least two factors always included in the weighting. More details about what data LOVOO processes and for what purposes and on which legal basis can be found in the Privacy Policy.

20 Accessibility

LOVOO strives to make the LOVOO Services accessible. More detailed information can be found in our Accessibility Statement.

21 Final Provisions

Should individual provisions set out in this contract be invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract.

22 INFORMATION ON EXERCISING YOUR RIGHT OF WITHDRAWAL

22.1 Right of Withdrawal

The following right of withdrawal applies to Consumers with regard to the conclusion of the contract based on these Terms of Use.

You have the right to withdraw from this contract within 14 days without the need to state any reasons.

The withdrawal period is 14 days, starting from the date on which the contract was concluded.

To exercise your right of withdrawal, you must inform us, PE Digital GmbH, Speersort 10,
20095 Hamburg, Germany, email: support@lovoo.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). While you are welcome to use the attached sample withdrawal form, this is not a necessity.

To meet the withdrawal deadline, it is sufficient if you send your notice indicating that you are exercising your right of withdrawal before the withdrawal period elapses.

22.2 Consequences of Withdrawal

If you withdraw from this contract, we must refund all the payments we have received from you, including the delivery costs (excluding any additional costs resulting from you selecting a delivery type different from the most affordable standard delivery that we offer), without delay and at the very latest within 14 days starting from the day on which we receive the notice indicating your decision to withdraw from this contract. We shall use the same payment method that you used for the original transaction to make this refund, unless expressly agreed otherwise with yourself. Under no circumstances will you be charged fees due to this refund.

22.3 Sample Withdrawal Form

(If you would like to withdraw from the contract, please fill out this form and send it back to us)

To PE Digital GmbH, Speersort 10,
20095 Hamburg, Germany, email support@lovoo.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) on the purchase of the following goods (*) / provision of the following service (*)

— Ordered on (*) / received on (*)

— Name of the Consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if the form is noted on paper)

— Date

(*) Delete as appropriate