blindmate Terms of Use

Last revised on 7.10.2020 Around 1900 words, estimated reading time: 10 - 15 minutes

Please excuse language mistakes. We translated this document to give you as much transparency as we can. Please let us know if you spot a mistake or something is unclear.

The following agreements apply between you and BlindMate GmbH Bandelstraße 3 10559 Berlin Germany team@blindmate.de

The designations we, the company, our refer to BlindMate GmbH. The services of BlindMate GmbH include, among others, the App blindmate, the website blindmate.de and contact with blindmate (via App or e-mail).

Overview

1. Acceptance of the terms of use
2. Reservation of right of modification
3. Your account
4. Changes to the service
5. Your responsibilities
6. Contents
7. Report users
8. Dealing with other users
9. Trust and security
10. Purchases and support
11. Rights we grant you
12. Rights you grant us
13. Liability and availability of the services
14. Procedure for asserting claims
15. Third party services
16. Governing law
17. Miscellaneous

1. Acceptance of the terms of use

By using our services, you agree to their terms. These include:

• These terms of use
• Privacy Agreement
• Platform Guidelines

In the following, all these documents are referred to as "the Agreement". Please read all documents carefully before creating your account. If you do not accept all the terms of the Agreement, do not use our services.

2. Reservation of right of modification

We may update this Agreement if we become aware of problems in the Agreement or change our services. The current version of this Agreement will always apply, so please check regularly for changes in the Agreement - these can be found at https://blindmate.de/app-agb.html and in your App Preferences. We will notify you of material changes to the Agreement or the Services by means of a notification within the services.

3. Your Account

3.1 Registration by telephone number You register with blindmate using your telephone number. By registering you agree that we may send you SMS with a registration code.

3.2 Access to your Account You are responsible for protecting access to your Account and you are responsible for all activities that occur under your Account. If you suspect that someone has gained access to your Account, please contact team@blindmate.de immediately.

3.3 Deleting your account Du kannst deinen Account jederzeit unter “Einstellungen > Sonstiges” löschen oder uns dafür per E-Mail kontaktieren.

4. Changes to the Service

We are continuously working on our services. This may mean that we add or remove features, or suspend our services. We may do this without informing you in advance. If our changes to the service change your rights, we will inform you as soon as possible.

5. Your Responsibilities

5.1 You guarantee that you …

• Are at least 18 years old
• can enter into a binding contract with us
• you are not forbidden from using our services because of laws
• you have never committed a sexual offence or have been convicted of a violent crime or have been the subject of such proceedings
• You have no more than one account for our services
• You have not been previously excluded from our services

5.2 You agree that …

• You adhere to the agreement
• You Regularly review whether the agreement has changed
• Your actions on our services comply with all applicable laws
• You use current version of the site/app
• You treat other users according to our platform guidelines
• You make sure that nobody but you has access to your account

5.3 You agree that you will not …

• Use the services for illegal purposes
• Make false statements about you
• Make false statements about others
• Use another person's account
• Upload or share (= post) content that falls under the "Prohibited Content" (see point 6 of this document).
• Post Intellectual property of others postest (texts, images, names, trademarks)
• Post pictures showing other people without their consent. In the case of minors, the consent of their legal guardians is required. However, in the interest of minors we ask you not to upload pictures of them
• Request money from other users
• Use the Services for commercial purposes. This includes in particular (but not exclusively) the sale of goods or services and the collection of data from other users.
• Damage, interrupt or disturb the operation of the platform (e.g. server, website, app) through your use of the services
• Use the Services to interfere with the use of the Services by others (e.g., spamming, stalking, making false statements, or inappropriate reporting of profiles)
• Upload malware to our services
• Collect or lists data on the users of our platform, in particular by means of algorithms.
• Copy, modify or redistribute parts of our services
• Create third-party applications for our services
• Indicate that you are acting on behalf of blindmate or BlindMate GmbH (limited liability) or that your statements are supported by blindmate or BlindMate GmbH (limited liability)
• Advertise or support activities that are contrary to these conditions

If you breach one or more of the obligations listed in 5.1 - 5.3, you are obliged to delete your account immediately. If there is a suspicion that you are in breach of one or more of these points, we may delete your account without notice or explanation.

6. Content

6.1 Prohibited content We prohibit the posting of content that:

• Promotes or gives space to racism, sexism, homophobia, abuse, oppression, violence, hatred, terrorism, extremism or fanaticism
• Shows weapons, unconstitutional symbols, flags or statements
• Otherwise glorifies violence, discriminate against persons or violates human dignity
• Advertises or gives space to other illegal activities
• Shows advertising or contact details
• Is otherwise of a commercial nature
• Is obscene or pornographic
• Can legitimately be perceived as offensive or offensive
• Can legitimately be perceived as threatening
• Is defamatory, insulting or untrue
• Harasses, disturbs, exposes or intimidates other people
• Is not your intellectual property without the express written permission of the intellectual owners
• Violate the rights of third parties (especially with regard to intellectual property, data protection, copyright)
• RepresentS other persons without their express written permission (for minors, the consent of a parent or guardian. However, in order to protect minors, we ask that you do not upload pictures of minors)
• Violates the rights of third parties in any other way
• Can be classified as "spam" or "junk"
• Contains spyware, adware, viruses or other malicious code

Uploading or sharing content that violates one or more of these points may result in the immediate deletion of your account, even without prior warning or explanation.

6.2 Responsibility for Content Users are responsible for the content they post on our Services. Although we reserve the right to review and remove content, we cannot guarantee that all content will comply with this Agreement. We will exercise the greatest possible care.

7. Reporting users

Please help us to maintain a positive climate within our platform by reporting inappropriate content and behaviour and other violations of this agreement. If you become aware of users whose behaviour or content violates this agreement, please report them via the "Report User" function within the App. We will make every effort to review reported users or content as soon as possible. If a user is reported several times within a month, the account can be automatically deleted.

8. Interacting with other users

Please always follow our Platform Guidelines. Please read the Platform Guidelines carefully in advance. If you do not accept our Platform Guidelines, please do not use our services. If we suspect that you are violating our Platform Guidelines, we may delete your account without warning or explanation.

9. Trust and safety

When you use blindmate, you engage in contact with other people:

9.1 Your Friends

• You can connect with your friends. Among other things, friends can allow you to answer questions about them and search matches for them.
• Among other things, you can allow your friends to answer questions about you and search for matches for you.

Your interactions with your friends are based on trust, you cannot see each other's actions directly. We ask you to be fair to your friends. You can remove friends at any time.

9.2 Other users

• When searching for matches for your friends, blindmate shows you the profiles of other users.
• blindmate shows your profile to other people when they search for matches for their friends.
• Successful suggestions from your friends can lead to a blindchat, i.e. a private conversation with another person.

These interactions are also based on trust, and you commit to honest, respectful and generally appropriate behaviour according to our Platform Guidelines. We also ask you to read the security tips carefully and follow them when interacting with other users. Always be careful, especially when you meet other users. If at any time you feel unsafe on our platform, please contact team@blindmate.de

10. Purchases and Support

Our services are free.

11. Rights we grant you

As long as we provide you with our Services, you may access and use them provided that you comply with applicable laws, this Agreement including your obligations set out above. We will do our best to provide you with a pleasant platform and wish you lots of fun.

12. Rights you grant us

By creating an account, you grant us the right to store and process the information you post and the data used to provide the services to you in accordance with our Privacy Policy. In particular you agree that …

• Content that you make available to us can be seen by other users (e.g. profile pictures, messages).
• Content that your friends make available to us through you can be seen by other users in connection with your profile (e.g. answers to questions about you).
• blindmate may create your profile from your and your friends' information and show it to other users.
• The information you post is truthful
• You agree that we may use and share your feedback for any purpose without compensation.
• Any content that you post as part of our services may be reviewed by us.
• Any content that you post through our services may be deleted by us in whole or in part at our sole discretion.
• We may access your content where required by law.

You can find a full list of these and other points in the Privacy Agreement.

13. Liability and availability of the services

• We do not warrant the availability, suitability for a particular purpose or satisfactory quality of our services. Please note in particular that our app is new and therefore subject to frequent changes and unforeseen disruptions.
• There is no obligation to operate or guarantee of operation.
• We exclude liability for negligent personal injury and damage to property. The liability for damages caused by gross negligence or intent is not affected.

14. Procedure for asserting claims

14.1 In the event of any infringement of copyright If you suspect that any content on our Services infringes your copyright or the copyright of any third party, please contact team@blindmate.de

14.2 In the event of any infringement of other rights If You suspect that any material on the Services infringes Your rights or the rights of any third party, please contact team@blindmate.de

15. Third party services

Our services may contain links to third party resources. We check these where possible but are not responsible for and cannot guarantee the availability, content and conditions of third parties.

16. Governing law

German law shall apply.

If you find anything that bothers you or if you think that something is against the law, please write to us immediately at team@blindmate.de

17. Miscellaneous

17.1 Invalidity If one of the above terms and conditions is invalid, this shall not affect the validity of the remaining terms and conditions and shall be replaced by applicable law.

17.2 Enforcement Should we fail to exercise or enforce any right or provision of this Agreement, this shall not constitute a waiver of such right or provision.

Thank you for taking the time to read the Terms of Use. We appreciate your interest and hope you enjoy using our platform. You are welcome to contact us at any time with feedback and questions: team@blindmate.de