Terms and Conditions
Preamble
Meet5 GmbH, Ostparkstraße 11, 60314 Frankfurt am Main (hereinafter also: "Operator"), offers a get-to-know-you platform in the mobile app MEET5 (hereinafter: "mobile app" or "MEET5"). Every user registered on MEET5 can join various groups with a basically limited number of participants from other users or open a new group. Any person who uses the services offered by the operator in the app is considered a user.
The following General Terms and Conditions (hereinafter "GTC") apply to the registration with MEET5. If the generic masculine is used in the GTC, all gender forms are included.
1. validity
2. scope of services
3. conclusion of contract
4. right of withdrawal for consumers
5. data protection provision
6. termination of the free membership; rights of the operator in relation to the membership
7. copyright, rights of use, granting of rights
8. duties of the user
9. duties in connection with uploaded profile pictures
10. warranty, liability
11. assumption of contract by third parties
12. final provisions, miscellaneous
1. Validity
1.1 These GTC govern the conditions under which the mobile app is used. In addition, the Community Rules, which the operator publishes on its website and in the app, apply. The GTC and Community Rules shall also apply if the Service is used from outside the Federal Republic of Germany. By registering with MEET5, the User acknowledges having read and understood the GTC and Community Rules and accepting them.
1.2 Deviating regulations and in particular conditions of the User, which are in contradiction with the GTC, require the written consent of the Operator to be valid.
2. Scope of Services
2.1 The Operator of MEET5 offers various services in the form of an app, which enables Users to get to know other Users in the context of a meeting, e.g. in a restaurant or other leisure activities.
2.2 MEET5 is entitled to commission third party service providers and vicarious agents with the provision of parts or the entire range of services.
2.3 By providing the e-mail address or using the Connect function by the User, it is possible to create a user-specific account which can be accessed with all (mobile) end devices.
2.4 MEET5 may only be used for purely private, non-commercial purposes. Exceptions require the prior written consent of the Operator.
2.5 The User has no claim to a minimum number, a minimum scope or a certain type, form or quality of the online services. Likewise, the User has no claim to a certain type, form or quality of MEET5 and/or the features. The operator of MEET5 is entitled to adapt, change and supplement MEET5 and the features posted on MEET5 without giving reasons, but in particular due to technical or economic developments, whereby this will be announced on the website and app in due time. The operator of MEET5 reserves the right to discontinue the operation of MEET5 at any time without stating reasons; in this case, existing contracts of the Customer with the operator will still be fulfilled and then automatically terminated at the end of the respective subscription period; if applicable, subscriptions concluded via the Google Play Store or Apple App Store must be terminated by the User there in each case.
3. Conclusion of Contract, Commencement of Contract, Prices
3.1 The contract between MEET5 and the User shall be concluded upon free registration by the User on the mobile app.
3.2 The User can perform the free registration by filling out the registration form. Alternatively, he can register via connect functions of third-party providers (e.g. Facebook Connect). In this case, selected data from the respective profiles of the User are transferred to the MEET5 database. When registering via the Connect functions, the User agrees to the respective terms and conditions of the third-party providers and consents to certain data being transferred to the MEET5 database.
3.3 The use of the service is free of charge in the basic functions. The User may purchase various added values ("Premium and Club Functions") for a fee. The respective prices are clearly and evidently displayed to the User in the mobile app before the final purchase. MEET5 reserves the right to change these prices at unspecified times in the future; the changes will then take effect at the next booking or subscription renewal; bookings that already existed at the time of the changes will still be continued on the basis of the old prices until the end of the term.
3.4 The booking and payment of Premium and Club features for 1, 3, 6 and 12 months shall be made via the Google Play Store or via the Apple App Store. The contractual partner or direct payment recipient for the conclusion of the Premium and Club subscription is in this case the respective App Store. The subscription can also only be cancelled directly via the respective App Store, not via MEET5. The subscription is automatically renewed depending on the period selected by the User, unless the User cancels it within the specified period of 24 hours to the end of the respective period.
3.5 The "in-app" purchases offered by MEET5 unlock exclusive features in the mobile app. Payments are processed through Google Play or the iTunes App Store from which You originally installed the App. You can access the applicable in-app purchase rules and policies directly in the app stores.
3.6 Booking and payment of Premium and Club features via the MEET5 website store is booked through the Operator. If the contract is not terminated at the end of the initial term, it shall be automatically extended for an indefinite period. After the contract has been extended, the payment amount agreed upon for the initial term shall be collected/charged to the User in advance for technical reasons. However, the Premium and Club functions may be terminated properly at any time with one month's notice; in this case, the amount already paid in advance shall be refunded on a pro rata basis (corresponding to the period not yet used).
3.7 The user may only register in his own name. He must be over 18 years old and a natural person. The data provided during registration must be complete and truthful. Registration under a pseudonym or an incorrect e-mail address is not permitted. The personal access data must be treated confidentially by the user and may not be disclosed to third parties. Only one user account may be created per user. Existing user accounts must be deleted before a new user account is registered.
3.8 The operator reserves the right to refuse the registration of users without giving reasons. In this case, the data provided by the user will be deleted immediately.
4. Right of withdrawal for consumers
4.1 If the User is resident in a country of the European Union, the following right of revocation for consumers shall apply to a use of MEET5 in the context of the conclusion of paid subscriptions via the MEET5 website store; any subscriptions concluded by the User via the Google Play Store or Apple App Store shall remain unaffected by this; in order to exercise any rights of objection in this regard, the User must exclusively contact the providers of the respective App Stores:
Cancellation policy
The user has the right to revoke the contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise the right of revocation, the User must notify the operator of MEET5 of the revocation of the contract by means of a clear declaration (e.g. by means of a letter or e-mail sent by post) to support@meet5.de or to MEET5 GmbH, Ostparkstraße 11, 60314 Frankfurt am Main. For this purpose, the User may use and submit the sample revocation form below. If the User makes use of this option, the operator of MEET5 will immediately send a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that the User sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
If the User revokes the contract, the Operator shall repay to him all payments that the Operator has received from him without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by the Operator. For this repayment, the Operator shall use the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User; in no case shall the User be charged any fees due to this repayment. If the User withdraws from a contract for a service after he has declared his request for the early provision of the service during the withdrawal period and the Operator has thereupon commenced with the performance of the contract during the withdrawal period, the User shall pay the Operator an amount which, in comparison to the contractually agreed total price, corresponds proportionately to the services provided by the Operator until the withdrawal.
4.2 Sample cancellation form
If you want to revoke the contract, please fill out this form and return it to
MEET5 GmbH, Ostparkstraße 11, 60314 Frankfurt am Main, E-Mail: support@meet5.de
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of
of the following goods (*)/the provision of the following service (*)
_________________________________________________________________________
Ordered on (*)/ received on (*): ____________________________
Name of consumer(s): _____________________________
Address of consumer(s): ___________________________
____________________________ _________________________
Signature of the consumer(s) Place, date
(only for communication on paper)
(*) Delete where not applicable.
5. Data protection provision
5.1 The data protection provisions of MEET5 apply to all Users and are part of the contract concluded with the User upon registration.
5.2 They are available on the website and the app under "Privacy Policy".
6. Termination of the free membership; rights of the operator regarding the membership
6.1 The User may terminate the contract at any time without giving reasons by using the function provided for this purpose in the App (Settings --> Delete User Account).
6.2 The operator of MEET5 may terminate the contract extraordinarily at any time without observing a notice period if the User violates these GTC.
6.3 The operator of MEET5 deletes user accounts that distribute prohibited content via the app. This includes all content (see also §8.2) which is illegal according to these GTC.
6.4 Participants of MEET5 meetings who have not appeared at three consecutive meetings without cancellation will have their membership irrevocably terminated. After termination of the MEET5 membership, all data of the user will be deleted, as far as they are not needed for proof purposes of an illegal action of the user.
6.5 The operator of MEET5 does not assume any liability for data deleted in the context of a contract termination. There is also no claim for restoration of the deleted data. In case of a provisional exclusion or an extraordinary termination, further claims of the operator of MEET5 remain unaffected.
6.6 The termination of the membership vis-à-vis the Operator does not automatically lead to the termination of subscriptions which the Customer has concluded via the Google Play Store or via the Apple App Store. The respective subscription can only be terminated directly via the respective App Store, not via MEET5.
6.7 The Operator is entitled to change profile descriptions and all other profile information of the User, which do not comply with the GTC and/or Community Rules of MEET5, even without prior notice, or to delete them in whole or in part.
6.8 The operator is entitled to temporarily deactivate or permanently delete functionalities of the user or profiles if the user violates the GTC and/or the community rules; the same applies if other users have complained to the operator about the user because of corresponding violations. In this respect, the operator reserves the right, if necessary, to view and check chats reported by other users on the basis of corresponding complaints in accordance with the dual control principle in order to verify or exclude corresponding violations.
6.9 The operator is entitled to permanently delete profiles that are inactive for a longer period of time.
7. Copyright, Rights of Use, Granting of Rights
7.1 MEET5 and the underlying software are protected by copyright and may not be used or modified beyond the simple right of use granted for the use of the App without the prior written consent of the operator of MEET5.
7.2 Likewise, the design of MEET5 and, in particular, content posted on the website and the app (e.g. databases, photos, images, videos or texts) are protected by copyright or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, are the property of the operator of MEET5 or the respective rights holders.
7.3 The Operator receives the simple, temporally and spatially unlimited, irrevocable, royalty-free and sublicensable and transferable right of use to use the contents uploaded by the User and published by him for the purpose of providing the services of MEET5 and operating the App, in particular to store, publish and share them with other Users.
7.4 To the same extent (§ 7.3), the Operator shall be granted the right of use to publish the titles and descriptive texts of the meetings / events organized via MEET5 as well as the other data and information existing in this regard (such as location, date, time, etc.) also outside of MEET5, in particular via event platforms of third party providers. Furthermore, the User grants all other users of MEET5 a simple right of use, unlimited in time and place, to the titles and descriptive texts created by him for use within MEET5, so that this content may also be used, for example, by other users for the planning of their own meetings / events via MEET5.
8. Duties of the user
8.1 The User is solely responsible for the personal information provided. Furthermore, the user assures that this information is true. Information about the age (not the date of birth), the profile picture as well as other information published by the user in his profile are in principle visible by all other users within MEET5.
8.2 The User is responsible for the content he publishes in the app and shares with other Users. The User undertakes not to create, publish or disseminate any harassing, insulting, discriminatory, sexist, defamatory, pornographic, threatening, violence glorifying, racist, right-wing / left-wing extremist as well as other morally reprehensible or illegal content or representations on MEET5. The user is obliged to behave respectfully towards all other users. It is forbidden to use legally protected pictures, names, terms and other materials, if the user does not have the necessary rights of use; this applies in particular also with regard to the personal rights of the persons depicted on the pictures as well as foreign copyrights, name and labeling rights such as trademarks. The operator of MEET5 deletes contents violating the GTC and their user accounts if necessary also without further notice.
8.3 The User is obliged to participate in arranged meetings as long as he does not cancel in the App with the function "Leave meeting".
8.4 The User is responsible for himself at all meetings. In particular, the Operator shall have no monitoring or other duty of protection with regard to meetings arranged via MEET5, regardless of who initiated the meetings.
8.5 At the meetings the participant is obliged to behave respectfully towards all other participants. The participant undertakes not to disseminate any harassing, insulting, discriminatory, sexist, defamatory, pornographic, threatening, violence-glorifying, racist, right-wing/left-wing extremist or other morally reprehensible or illegal content at MEET5 meetings.
8.6 If the User violates the aforementioned content prohibitions, the operator of MEET5 shall be entitled to remove the content posted by the User or otherwise affected by it and/or to delete the User's MEET5 account. The decision about this is at the discretion of the operator.
8.7 The User is obliged to take appropriate measures to secure his access data and in particular to prevent the unauthorized use of his data by third parties. If unauthorized access to the user account is noticed or suspected, the operator of MEET5 has to be informed immediately.
8.8 The User undertakes not to make use of the access data of third parties under any circumstances.
8.9 The User undertakes to comply with applicable laws and legislation when using the online services.
8.10 Services of the operator of MEET5 and in particular the access to the personal MEET5 account may not be resold, transferred to third parties free of charge or against payment or used - no matter in which way - with the intention of making a profit. The User shall be liable to the operator of MEET5 for any damage caused by the unauthorized transfer of the access to MEET5.
8.11 The User undertakes not to exchange alternative means of contact in the first chat message to other Users, such as the telephone number and the e-mail address or profiles of online platforms, such as Instagram and Facebook. Likewise, the user may not specify or publish any contact options outside the app in his public profile. In the event of violations, the Operator is entitled at any time, even without prior notice, to remove and/or permanently delete corresponding information from the profile.
8.12 The User undertakes to use MEET5 and the functionalities offered therein exclusively in the sense of the platform; any other use (e.g. for the sale of tickets, use for commercial purposes or advertising for companies, demanding money for participation in meetings, etc.) is prohibited.
8.13 Violations of the GTC and/or Community Rules as well as all other legal violations should be reported to the Operator immediately. The User may, if necessary, address corresponding complaints to the Operator; these complaints should contain all necessary information so that the Operator can immediately check the corresponding accusation. Mere curses and/or unfounded complaints may not be processed.
9. Duties in connection with uploaded profile pictures
9.1 The Users are obliged to upload a profile picture on MEET5 for the safety of the other Users. The legal regulations (especially laws concerning the protection of minors, copyright and personal rights) have to be observed. The profile picture may be visible for other users as long as the MEET5 user account has not been deleted.
9.2 The profile picture must always show the profile creator himself. Extremely post-processed pictures, comic figures, avatars, animals etc. are not accepted. Leisure pictures (e.g. when practicing a hobby) are accepted.
9.3 For the profile picture, a picture that is as recent as possible and not older than five years should be chosen. In particular, children's and youth pictures of a user are not accepted as profile pictures. The user must be recognizable on the profile picture. If more than one person can be seen on the picture, the user must be clearly identified on the picture.
9.4 No weapons, illegal drugs, insulting or discriminatory gestures may be visible on the picture and the picture itself may not be aggressive, threatening or pornographic. Profile pictures must also not have flags or political content in the foreground. The profile pictures may not show any primary or secondary sexual characteristics, but also the showing of sexual acts/insinuations is not allowed.
9.5 There is no claim for the activation of a profile picture. The operator of MEET5 reserves the right to delete the pictures if they violate one of the above rules or otherwise violate the GTC and/or community rules or are classified as unsuitable due to legal provisions.
10 Warranty, Liability
10.1 The operator of MEET5 does not guarantee that the expectations of the User in the offered online services are fulfilled. The operator of MEET5 only provides online services where Users can create meetings. The further execution and results of the meetings are not subject to the influence and responsibility of the operator.
10.2 MEET5 shall only be liable for damages in connection with the offered service and which occur to legal interests other than life, body or health (in particular, but not limited to: financial damages, loss of profits, consequential damages, loss of data, immaterial damages), if such damage is caused by an intentional or grossly negligent breach of duty on the part of MEET5, resp. or its legal representatives or vicarious agents or if it is a violation of an essential contractual obligation (i.e. an obligation the fulfillment of which enables the proper execution of the contract in the first place and on the fulfillment of which the contractual partner may regularly rely). In all other respects, liability for simple negligence in the case of breaches of secondary obligations is hereby excluded.
10.3 The use of MEET5 is exclusively at the User's own risk. This applies in particular to the communication and contacts between Users outside of MEET5 as well as the participation in meetings established via MEET5. The operator of MEET5, even if the operator and not a user has created a meeting in the app, is not responsible for its further implementation. In particular, the participants in meetings are neither vicarious agents nor assistants of the Operator and they do not act at the behest of the Operator.
10.4 The users are responsible for themselves on the group activities (meetings). The creator of the meeting and the operator of MEET5 are not liable, subject to § 10.3, for damages resulting from participation in the meetings.
10.5 Continuous, error-free operation and permanent usability are not guaranteed by the operator of MEET5. Temporary interruptions of the accessibility may occur, among other things, in the course of maintenance work. The operator is not liable for any resulting damages to the user such as faulty or delayed transmission, incorrect, incomplete or altered contents as well as removed data.
10.6 The operator of MEET5 does not assume any liability for the contents of users. In particular, subject to § 10.3, the operator is not liable for damages resulting from content created, shared or published by users.
10.7 Subject to § 10.3, the Operator of MEET5 does not assume any liability for the misuse of information and data by third parties or other Users. This applies to information created, shared or published by the User as well as to information and data obtained by unauthorized means, such as hacker attacks.
10.8 The systems of the operator of MEET5 are secured against attacks by hackers and viruses with measures customary in business. However, the risk of such attacks cannot be excluded.
10.9 The User shall indemnify the operator of MEET5 against all claims of third parties which they raise against the operator claiming that contents/behavior/actions of the User violate their rights and undertakes to indemnify and hold harmless the operator in this respect.
10.10 Furthermore, the User indemnifies the Operator from all claims of third parties in connection with violations of the User against the GTC and/or Community Rules and undertakes to indemnify and hold the Operator harmless in this respect.
11. Transfer of contract by third parties
The operator of MEET5 is entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party. This also includes the transfer or outsourcing of individual functionalities or parts of the app to third parties.
12 Final Provisions, Miscellaneous
12.1 The operator of MEET5 reserves the right to adapt these GTC from time to time, especially, but not limited to, in order to comply with legal regulations or requirements, to meet economic efficiency or to accommodate user interests.
12.2 The User declares to agree with the application of the amended GTC to contracts already concluded before the amendment if MEET5 notifies the User in due time, but at least with a notice period of four weeks before the amendments come into force, that an amendment of the GTC will be made and the User does not object within the period. In the event of an objection, the contract with the customer shall be terminated at the time the changes come into effect; this shall not affect any subscriptions concluded via the Google Play Store or Apple App Store, which the user must terminate directly with the respective provider. The notification of the change must once again contain a reference to the possibility and deadline of the objection, as well as the significance or consequences of the failure to object. It can be sent by e-mail to the e-mail address provided by the User. The Provider reserves the right to make minor changes to the GTC (e.g. mere corrections of spelling mistakes or additions to the Provider's range of services, which do not negatively affect the legal positions of the User) at any time, even without the possibility of objection by the User.
12.3 If individual provisions of these GTC are or become invalid, the remaining content of the GTC shall not be affected. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic intent of the contracting parties.
12.4 Unless otherwise stipulated in these GTC, amendments to the contract, supplements and ancillary agreements must be made in text form in order to be effective. The formal requirement shall also apply to the waiver of this formal requirement.
12.5 The contractual agreements of the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules; this shall not apply to mandatory consumer protection provisions of the country in which the user resides or has his habitual abode.
This document has been machine translated. In case of differences between the German and English version of this document, only the German version shall be decisive and applicable. The English version shall be for information purposes only.