Terms and Conditions of Use for Lounge App

 

§ 1 General provisions, scope

 

1.    These Terms and Conditions of Use are applicable to the utilisation by the user (hereinafter called: “the User”) of the Lounge App (hereinafter called: “the App”) developed by the company Crossoak GmbH (hereinafter called: “Lounge” or “We” or “Us”). Lounge gives Users the opportunity to meet other Users via the App.

2.    For ease of comprehension, the simultaneous use of the male, female and diverse (m/f/d) language forms is dispensed with in this Agreement. All references to persons apply equally to persons of all genders.

 

3.    The App enables users to find other users in their vicinity via Bluetooth and then to contact them via mobile data/WLAN. To enable other Users to be found, the Bluetooth function must be activated.

 

4.    These Terms and Conditions of Use are exclusively applicable. Any general terms and conditions of the User that contradict or supplement these Terms and Conditions of Use shall not apply and shall only apply to the extent that we have expressly agreed to them in writing.

 

5.    These Terms and Conditions of Use apply to all future use of the App and to all future terms and conditions between Lounge and the User, even in the event that these Terms and Conditions of Use are not expressly incorporated once again.

 

6.    These Terms and Conditions of Use only apply to consumers who have reached the age of majority, i.e. who have completed their 18th year. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

 

§ 2 Conclusion of the Licence Agreement

 

1.    The Licence Agreement shall be concluded upon completion of the registration of the User in the Lounge App.

 

2.    Registration requires the user to download the Lounge App from an app store (Apple App Store or Google Play Store).

 

3.    The use of the services of the Lounge App requires the registration of the User. To register, the User must provide an e-mail address and a four-digit login code. The User must then confirm that notice has been taken of these Terms and Conditions of Use as well as of our privacy policy. The User must agree to the inclusion and validity of these Terms and Conditions of Use.

 

4.    The User shall receive a confirmation e-mail for the registration together with an activation code. Registration shall be completed when the user logs in for the first time and enters the allocated activation code.

 

5.    Upon completion of registration, a free contractual relationship shall initially be established between us and the User (“Basic Membership”), to which these Terms and Conditions of Use apply.

 

6.    To use our App, the user must log in with their e-mail address and the four-digit login code they have chosen. When logging in for the first time, the User must first select the language The User must then enter their personal data, in particular their username, age, languages, home country, gender, height, (at least three) interests. The User can also post a photograph stored on their smartphone or one taken directly. The User can change the information in their profile at any time in the settings.

 

7.    In addition, the User shall configure the criteria for a match, thereby limiting the selection of users displayed to him.

 

§ 3 Object of the Agreement

 

Lounge shall provide the User with the App in the latest version and shall grant the User a non-exclusive licence to use the App for an unlimited period of time. The User is not permitted to pass the App on to third parties or to enable them to use the App.

 

§ 4 Provision

 

Lounge shall make the App available for free downloading in the app stores (Apple App Store, Google Play Store). Delays in the provision of the software by the respective app store are beyond our sphere of responsibility and therefore do not justify any claims by the User against us or any right of the User to terminate the Agreement.

 

 

 § 5 Basic membership, subscriptions, terms and conditions of payment

 

1.    Use of the App is free of charge during the basic membership.

 

2.    One week before the basic membership expires, the User shall receive a message in the App informing the User of the expiry of the basic membership.  The User may choose between different App subscriptions. The current subscriptions and prices are published in the app stores.

 

3.    Payment is performed via the respective app store. The contractual relationship is established between us and the User through our e-mail confirmation. The operators of the app stores have their own provisions regarding the conclusion of the agreement, payment and termination of the contractual relationship, over which we have no influence. If the User concludes a contract with us via the app store provider, the User must comply with the app store provider’s regulations. In the event of any conflict between the app store provider’s provisions and these Terms and Conditions of Use, the provisions of the app store provider shall prevail.

 

4.    If the User does not take out a subscription when the basic membership expires, the User can continue to use the App, but must tolerate the following restrictions: The User will become invisible to other subscribers after the basic membership expires. While the User will be shown “Potential Matches”, the User will not be able to confirm any match (no “Confirmed Matches”). The profile picture will also no longer be displayed to other users.

 

§ 6 Lounge App functions

 

1.    The Lounge App makes it possible to find other users of the App using Bluetooth and to contact them via mobile data/WLAN.

 

2.    Based on the match criteria specified by the User, potential matches are displayed within the range of the Bluetooth signal (“Potential Match”). The Lounge App uses an algorithm to calculate a percentage for the correspondence of the match with the match criteria.

 

3.    Only the username, the profile picture, if provided, and the percentage of the match are transmitted to other users.

 

4.    If the User confirms the match, the match is listed locally as an “Awaited Match”, unless the other user has already confirmed the User themselves. If the match is not confirmed within 24 hours, it is automatically deleted. In addition, displayed matches can be deleted from the User list at any time.

 

5.    If the other user confirms the match (“Confirmed Match”), the Users can contact each other via a chat.

 

6.    In the chat, Users can send text and emojis, but no files or pictures.

 

§ 7 Warranty

 

1.    Lounge guarantees that the App corresponds to the contractual condition at the time of its provision and that no third party rights prevent its use by the User to the contractually agreed extent in the country of first acquisition of the App. After the expiry of one year from the date of provision of the App, this shall only apply if the User proves that the App was not in a condition in accordance with the agreement at the time of provision.

 

2.    App updates are made available in the app store and can be accessed by the User. If the User does not install the updates provided by us, we shall not be liable for deviations from the contractual condition of the App that are attributable to the absence of the corresponding update.

 

 § 8 Liability

 

1.    We shall be liable in accordance with the statutory provisions for wilful intent and gross negligence on our part, on the part of our legal representatives, senior employees or other vicarious agents. The same shall apply in the event of culpable mortal or physical injury or impairment of health. We are also essentially liable for negligent breaches of essential contractual obligations committed by us, our representatives, senior employees and other vicarious agents, that is to say obligations on whose fulfilment the User regularly relies and is entitled to rely for the proper performance of the Agreement, in this case, however, limited to the amount of the typically arising, foreseeable damage. Any further liability is excluded.

 

2.    To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives, senior employees and other vicarious agents.

 

3.    We do not check the lawfulness of the profiles of other users published in the App. We do not guarantee the accuracy and completeness of the information contained therein, nor do we guarantee the lawfulness of the profiles created by other users.

 

§ 9 Obligations of the User, liability of the User

 

1.    The User can only use the services of the App if the smartphone Bluetooth connection is activated. In the case of Android, the location must also be activated, as Android technically requires this. However, the location data is neither transmitted to Lounge nor used by us in any other way.

 

2.    The User undertakes not to commit any criminal offences through or in connection with the use of the App.

 

3.    The User warrants that all image recordings posted on the App do not infringe copyrights or other proprietary rights of third parties.

 

4.    The User furthermore undertakes not to grant any third party access to the App and to keep the access data secure and not pass this on to any third party.

 

5.    Any liability of the User that extends beyond these provisions shall remain unaffected.

 

§ 10 Duration and ending of the Licence Agreement

 

1.    Basic membership lasts for one month and begins when the User completes the registration.

 

2.    The Licence Agreement shall be terminated if the User does not take out a subscription following expiry of the basic membership.

 

3.    Each subscription shall be for the original contractual period unless the User cancels the Agreement before the subscription expires.

 

4.    We also reserve the right irrevocably to deactivate and delete accounts that have been inactive for a period of at least 12 months. We shall notify the User accordingly on a durable medium (e.g. by e-mail) at least 30 days before deleting the account.

 

§ 11 Revocation policy for consumers

 

As a Consumer, the User has a right of revocation for agreements concluded outside business premises and for distance selling agreements.

 

 

Revocation policy

 

Right of revocation

 

You have the right to revoke this Agreement within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the Agreement.

In order to exercise your right of revocation, you must inform us 

 

Crossoak GmbH

Deilinger Str. 45

78564 Wehingen

     e-mail: info@lounge-app.eu

 

by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to revoke this Agreement. You can use the attached model withdrawal form for this purpose, although this is not mandatory.

To ensure compliance with the cancellation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

 

Consequences of the revocation

 

If you revoke this Agreement, we shall refund all payments we received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your revocation of this Agreement. We shall use the same means of payment for this repayment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances shall you be charged for this repayment.

 

If, in the case of services, you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to that point in time at which you notify us of the exercise of the right of revocation with regard to this Agreement relative to the total scope of the services provided for in the Agreement.

 

 

Model revocation form

 

(If you wish to revoke the Agreement, please complete and return this form).

  • To

Crossoak GmbH

Deilinger Str. 45

78564 Wehingen

     e-mail: info@lounge-app.eu

  • I/we (*) hereby revoke the Agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the Consumer(s)
  • Address of the Consumer(s)
  • Signature of Consumer(s) (only in the case of communications sent on paper)
  • Date

 

 

__________

(*) delete where inapplicable.

§ 12 Data protection provisions

 

Lounge processes the personal data of the User in accordance with the General Data Protection Regulation (GDPR). The individual provisions are set out in the privacy policy.

 

§ 13 Choice of laws

1.    These Terms and Conditions of Use and all subsequent agreements between us and the User shall be governed exclusively by the laws of the Federal Republic of Germany. Application of the UN Sales Convention (CSIG) is excluded.

 

2.    If the User is acting as a consumer within the meaning of § 13 of the German Civil Code (BGB), the mandatory consumer protection provisions applicable in the state in which the licensee has his habitual residence shall also apply, insofar as these grant the licensee more extensive protection.

 

§ 14 Alternative dispute resolution pursuant to the ODR Regulation and § 36 of the Consumer Dispute Settlement Act (“VSBG”)

 

The EU Commission launched a platform for online dispute resolution on 15 February 2016. This gives consumers the opportunity to settle disputes associated with their online orders without having to go to court. This does not affect the consumer's right to take legal action.

 

The online dispute resolution platform is available on the internet under  https://ec.europa.eu/consumers/odr.

 

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration body.

 

We are not willing to participate in dispute resolution proceedings before a consumer arbitration body.

 

§ 15 Offsetting, right of retention

 

1.    The User may only offset against the claims of the contractor in the case of undisputed or legally established claims.

2.    The same applies to the exercise of a right of retention by the User.

 

§ 16 Severability clause

 

1.    Should one or more provisions or parts of a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remainder of the agreement. In knowledge of the established jurisprudence of the Federal Court of Justice, however, according to which a severability clause leads merely to a reversal of the burden of proof, it is the express will of the Parties to maintain the validity of the remaining provisions of these GTCs under all circumstances.

 

2.    The Parties shall replace the invalid or unenforceable provision with a valid and effective provision that approximates legally and economically as closely as possible to the invalid or unenforceable provision that they would have reasonably agreed upon if they had considered the invalidity or non-enforceable nature of the respective provision when concluding this agreement.

 

3.    The aforementioned provisions shall apply accordingly in the event of a regulatory omission.