Terms
and Conditions of Use for Lounge App
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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.
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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.
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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.
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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.
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Revocation policy |
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Right of revocation |
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You have the right to revoke this Agreement within fourteen days without giving any reason. |
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The
revocation period is fourteen days from the day of the conclusion of the
Agreement. |
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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. |
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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. |
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Consequences of the revocation |
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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. |
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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. |
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Model revocation form |
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(If you wish to revoke the Agreement, please complete and return this form). |
Crossoak
GmbH Deilinger Str. 45 78564 Wehingen e-mail:
info@lounge-app.eu
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__________ |
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(*) 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.
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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.
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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.
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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.