TERMS OF USE

I. Scope of Services and Subject Matter of Contract

(1) Friends69.com (hereinafter referred to as "Operator") provides an online platform for contact mediation on which data and descriptive characteristics (profiles) of individuals and couples are stored. The Operator compares the data records contained therein according to criteria specified by the user and provides users with contact details of persons who have approved this and whose profiles or search criteria largely match. In addition, the Operator enables database queries based on specific selection criteria as well as contact between registered users via a software-based contact form and other communication functions.

(2) User profiles may also be accessible via platforms of third-party providers with the same content orientation, provided that these companies cooperate with the Operator and use its software for a unified web presence (partner companies). The user expressly consents that the Operator's database can also be accessed via such third-party platforms. At the same time, the user can access the profiles of users of partner companies. Data that serves to individualize users will not be made accessible to third parties or companies outside of these cooperations.

(3) The following General Terms and Conditions govern the use of this service.

(4) The platform can be used for both private and commercial purposes. During registration, the user can choose whether to create a private profile or a business profile. Commercial users (e.g., mediation agencies, coaches) must indicate this during registration by selecting the "Business Profile" option.

(5) The Operator offers various membership models:

  • Basic Membership (free): Basic functions for profile creation and limited use of the platform

  • Premium Memberships (paid):

    • Monthly subscriptions (1, 3, 6, or 12 months duration)

    • One-time payments for special promotions (e.g., lifetime membership)

The available tariffs, scope of services, and prices can be viewed on the Operator's website. Not all tariff variants are available at all times; the Operator reserves the right to offer special promotions for a limited time.

(6) Basic membership is free of charge. Premium memberships are subject to charges and are offered as subscriptions with a fixed term or as one-time payments (e.g., lifetime membership).

(7) The Operator reserves the right to make additional services or extended functions available for a fee. Such services require prior and express commissioning by the user.

II. Registration, Access, and Use

(1) Registration is carried out via the input form on the Operator's website. Registration establishes a contractual relationship between the Operator and the registered user. During registration, the user can choose between:

  • Private profile: Use for private, non-commercial purposes

  • Business profile: Use for commercial purposes (e.g., mediation agencies, commercial contact mediation)

(2) The user is obliged to provide personal data correctly and completely. In the event of significant changes to the data (especially email address), the user is obliged to update them immediately. Data that serves to individualize a person and/or enables telephone contact with them (e.g., full name, telephone number) are not visible to other users within the online platform unless the user expressly releases them.

(3) In the event of unlawful use of the system by the user, the Operator may block or delete the user's profile at any time. Unlawful use exists in particular in the event of violations of these Terms of Use, criminal acts, or misuse of the platform.

(4) Persons under 18 years of age are not permitted to register and use the platform. A contractual relationship with minors is expressly rejected.

III. Data Protection

(1) The Operator undertakes to observe the statutory provisions on data protection, in particular the General Data Protection Regulation (GDPR) and national data protection laws.

(2) In the context of contractual performance, personal data is collected, stored, processed, and used. Personal data is information relating to the personal and factual circumstances of a specific or identifiable user.

(3) The legal bases for data processing result from:

  • Art. 6 para. 1 lit. b GDPR (contract performance)

  • Art. 6 para. 1 lit. a GDPR (consent)

  • Art. 6 para. 1 lit. f GDPR (legitimate interests)

(4) The user consents to the Operator using personal data from their profile – such as age, gender, place of residence, interests, photos – to provide the platform functions, improve the service, and design the offer according to needs.

(5) Detailed information on data processing, user rights (information, deletion, correction, objection, data portability), storage periods, and disclosure to third parties can be found in the Operator's separate Privacy Policy, which can be viewed on the website.

(6) Data is not used vis-à-vis third parties, except within the framework of the purposes described in the Privacy Policy (e.g., technical service providers, payment service providers). Customer data will not be transmitted to third parties for advertising purposes without the user's express consent.

(7) At the user's request, the Operator will provide them with complete information about the stored data relating to the user at any time. The provision of information is free of charge.

(8) The user acknowledges that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed according to the current state of technology. The user therefore bears co-responsibility for the security of the data they transmit via the Internet.

(9) This does not affect the joint access to user profiles within the internet platforms of partner companies according to Section I (2). These are also obliged to guarantee data protection in accordance with the above provisions.

IV. Paid Memberships and Payment Processing

(1) The use of premium memberships requires booking a paid tariff. When booking, the user chooses between:

  • Subscriptions: Recurring payments with automatic renewal (1, 3, 6, or 12 months)

  • One-time payments: One-time payment for a defined service period or for permanent membership (e.g., lifetime membership during special promotions)

(2) The user's booking intention becomes binding upon confirmation of the booking by clicking the corresponding button after selecting the desired tariff and payment method.

(3) Payment processing is carried out via external payment service providers. During the payment process until final completion of payment, the Operator assigns the claim to the respective payment service provider. This also applies to any collection proceedings that may be initiated, e.g., as a result of a chargeback or non-payment.

(4) For subscriptions, the user will be clearly and comprehensively informed before conclusion of the contract about:

  • The price structure

  • The billing period

  • The renewal conditions

  • The cancellation options

Subscriptions automatically renew for the selected term unless they are cancelled before the end of the current period.

(5) The personal data made available to the payment service provider – in particular credit card and account information – are processed and stored exclusively by the payment service provider. The Operator has no access to this data at any time.

(6) The terms and conditions of the respective payment service provider apply to payments. By completing the payment process, the user also accepts their terms and conditions.

(7) After successful payment and electronic notification by the payment service provider, the booked membership will be activated immediately and will be available to the user.

(8) The user has no claim to the permanent availability of a specific payment method. The Operator reserves the right to deactivate individual payment methods at any time or replace them with others.

(9) For subscriptions, the booked term cannot be terminated early. Access to premium functions remains until the end of the paid term, even if the user cancels the subscription.

V. Refunds and Right of Withdrawal

(1) As a general rule, amounts already paid will not be refunded, as the service is provided immediately upon activation of the membership.

(2) Right of withdrawal for contracts concerning digital content:

In accordance with § 356 para. 5 German Civil Code (BGB) / applicable consumer protection laws, the right of withdrawal expires for contracts concerning the provision of digital content (not on a physical data carrier) if the Operator has started to execute the contract after the user:

  • has expressly agreed that the Operator will start to execute the contract before the end of the withdrawal period, and

  • has confirmed their knowledge that they will lose their right of withdrawal by giving their consent at the start of the execution of the contract.

This consent is given during booking by clicking the corresponding confirmation box. Upon immediate activation of the membership, the right of withdrawal expires.

(3) For one-time payments (e.g., lifetime membership), the same regulations apply as under para. 2.

(4) A refund is only possible in exceptional cases if:

  • The Operator has not provided the contractually agreed service (technical failure for which the Operator is responsible)

  • Double payments or multiple charges occurred due to a technical error within the Operator's area of responsibility

In these cases, the corresponding amount will be refunded in full and free of charge via the same payment method used by the user.

(5) Refund requests must be submitted in writing (by email) with details of the booking data and justification to the Operator.

VI. User Obligations

(1) Each user is obliged to treat emails, messages, and data of other users that become known to them during or through the use of the platform confidentially. They may not make these accessible to third parties without the consent of the respective author. This also applies to names, telephone and fax numbers, residential and email addresses, and/or URLs of other users. The forwarding of any data to non-users is also prohibited. The user may only use this data for the purpose of their personal communication with other users.

(2) The user undertakes not to publish or distribute any offensive, discriminatory, glorifying violence, illegal, or otherwise inadmissible content on the platform.

(3) Commercial users are obliged to clearly indicate their commercial status in their profile and to present their business activities transparently.

(4) In the event of significant indications of inadmissible or unlawful use, the Operator may immediately block the user's use of the platform or delete the user account.

VII. Termination of Membership

(1) Basic Membership: Each user can terminate the free basic membership at any time without giving reasons. Termination can be made in text form to the Operator or by deletion of the profile by the user after logging in to the platform.

(2) Premium Subscriptions: Subscriptions can be cancelled at any time with effect from the end of the current billing period. Cancellation can be made:

  • By clicking the "Cancel subscription" button in the user area of the platform

  • By informal message to the Operator's customer support (email)

The cancellation takes effect at the latest at the end of the current billing period. Until then, access to premium functions remains.

(3) One-time payments: For one-time payments (e.g., lifetime membership), the user can delete their profile at any time. There is no entitlement to a refund (see Section V).

(4) Upon cancellation by user-initiated deletion within the platform's functionality, the data record stored for the profile is no longer accessible to the user or other users. Receipt of electronic messages within the platform is no longer possible after deletion of the profile and the contractual relationship is terminated.

Otherwise, deletion takes place immediately in the above sense after receipt of the cancellation by the Operator. The provisions of §§ 627 and 628 BGB remain unaffected.

(5) The Operator is entitled to discontinue the services offered in whole or in part at any time. In this case, the Operator will inform users at least 4 weeks in advance.

VIII. Industrial Property Rights and Other Rights

(1) All industrial property rights and name rights to services, processes, software including development documents, technologies, trademarks, trade names, inventions, and all materials resulting from the operation of the platform are exclusively owned by the Operator, unless restrictions are made below.

(2) Names and trademarks of partner companies that access the platform are exclusively owned by them or third parties. Routines and third-party software necessary for software development, which the software for operating the platform may access, are licensed by the Operator.

(3) Rights to graphics, texts, routines, and software are possibly owned by third parties and are possibly licensed by the Operator. Insofar as such rights are used to display advertising measures on the platform, the rights belong to the respective owner.

IX. Liability

(1) The Operator cannot naturally guarantee the accuracy and security of information that users transmit during communications or post in their profiles. Liability for this is excluded in any case. The Operator also assumes no liability for the accuracy of created user profiles and their evaluation with regard to matches with other users.

(2) The Operator assumes no liability for the uninterrupted availability of the system as well as for system-related failures, interruptions, and malfunctions of technical facilities. The Operator is in particular not liable for disturbances in the quality of access due to force majeure or due to events for which the Operator is not responsible, in particular the failure of communication networks and gateways. The Operator assumes no liability for insignificant interruptions of the service owed.

(3) For damages that do not occur due to the aforementioned causes, the Operator is only liable in the event of intent and gross negligence on the part of its bodies, employees, and vicarious agents and only in the ratio in which it contributed to the occurrence of the damage in relation to other causes.

(4) The Operator is liable for simple negligence only insofar as a body, employee, or vicarious agent of the Operator has violated an essential contractual obligation. Liability is limited to the typically occurring damage.

(5) Liability for damages arising from injury to life, body, or health as well as under the Product Liability Act remains unaffected.

(6) Otherwise, liability is excluded.

X. Indemnification

The user hereby indemnifies the Operator from any liability and from all obligations, expenses, and claims arising from damages caused by users due to defamation, insult, violation of personal rights, violation of intellectual property rights, or other legal violations by the user. Furthermore, each user indemnifies the Operator from any liability and all claims and costs asserted against the Operator due to a violation of these Terms and Conditions.

XI. Set-off and Right of Retention

The user may only set off their own claims against the Operator or assert a right of retention insofar as their claims have been legally established, are undisputed, or have been recognized by the Operator.

XII. Amendment of the General Terms and Conditions

(1) The Operator is entitled to change the Terms and Conditions at any time, whereby the Operator will expressly point out the respective changes to the user. This right of notification can also be exercised by sending a declaration to the email account named by the customer within the framework of this contract, whereby the amended Terms and Conditions will also be transmitted.

(2) The user has the opportunity to object to the amended General Terms and Conditions within a period of two weeks. The Operator will expressly point this out with each change. If the user does not object to the change within the deadline, the new Terms and Conditions will be valid for this user from the day the deadline expires.

(3) In the event of an objection, the Operator is entitled to terminate the contractual relationship with one month's notice.

XIII. Applicable Law and Place of Jurisdiction

(1) The law of the Operator's place of business applies – likewise, the Operator's place of business is agreed as the place of jurisdiction.

(2) For contracts with consumers (private users), mandatory provisions of the country in which the user has their habitual residence remain unaffected, insofar as these grant the consumer greater protection.

(3) If the user is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction agreed upon is the Operator's registered office. However, the Operator is also entitled to sue at the user's general place of jurisdiction.

(4) Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic meaning and purpose of the invalid provision.

XIV. Contact and Customer Support

For questions, cancellations, or support requests, the user can reach the Operator via the contact options specified on the website.

Operator Contact: