Terms of Services
Effective Date: July 13th, 2015
Scope of Application of these Terms of Services
breakupbuddy GmbH, with Austrian Company Registry Number 422412w and registered office in Reisnerstraße 61/21, 1030 Vienna, Austria, (“breakupbuddy” or the “Company“) operates the breakupbuddy application and website.
The breakupbuddy mobile application is available for iPhone, iPad and Android (the “App“).
As soon as a User accesses the mobile application or breakupbuddy’s website at www.breakupbuddyapp.com regardless of whether or not the User creates a breakupbuddy account (see Section 3 below), the User agrees to be bound by these Terms of Services. If the User does not agree to be bound by these Terms of Services, the User needs to refrain from using breakupbuddy’s Services via the mobile application or the website.
Accessing breakupbuddy’s Services; Registration
A User of breakupbuddy’s Services must be at least 13 years of age. If the User is at least 13 years of age but not yet 18 years of age, the User must ensure that his/her parent or legal guardian reviews this Agreement, discusses any questions the User might have, and installs the Services for the User. The Company does not knowingly collect any Personal Information from children under the age of 13. If breakupbuddy becomes aware that it has collected or received the Personal Information of a child under 13, all such information will be deleted.
The User represents and warrants that he/she has the right, authority and capacity to enter into this Agreement.
Note to Parents and Guardians: By granting permission to download and use the Services, parents and guardians agree to these Terms of Services on behalf of the child. Parents and guardians are responsible for supervising the online activities of the child. If parents or guardians do not agree to these Terms of Services, they shall not allow the child to use the Services. If a parent or guardian of a child under 13 years of age believes that he or she is using the Services, please contact breakupbuddy at firstname.lastname@example.org.
Registration is free of charge. If a User creates several accounts by registering several times, breakupbuddy may delete all of the User’s accounts or cancel any use of the Services.
When registering, Users must provide true and correct personal information as required in the registration form. Such information must be immediately updated in case of any change. In their profiles, Users may at any time review and change their personal information and account settings (e.g. administration of password or email address).
When registering, Users may not impersonate somebody else and/or violate another party’s rights to a name.
When registering and/or using the breakupbuddy Services, the User represents and warrants that he/she has never been convicted of an offence relating to assault, sexual misconduct, violence or harassment and that he/she is not required to register as a sex offender with any government entity.
To be eligible to register, use or maintain a breakupbuddy account or profile, you must meet certain eligibility criteria and therefore you represent and warrant as follows:
You are 18 years of age or older
You reside in the United States
You have never been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
You have registered your account in your own legal name, and you have provided, and maintained, accurate, current and complete registration information in connection with your membership or maintenance of an account with the Service.
For the legitimate business purpose of protecting the safety and integrity of our Service and its users, breakupbuddy reserves the right, but does not undertake any obligation, to perform identity verification or background investigations.
Although breakupbuddy reserves the right to verify accuracy of registration data and the eligibility representations and warranties, as outlined above, breakupbuddy cannot confirm that each User is who they claim to be and therefore, cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided through the Service.
Account, Password and Security
Every breakupbuddy account is created by a User’s registration (see Section 2 above) and protected by a password chosen by the User. Every User must keep his/her password confidential, protect his/her password from access by third parties, and inform breakupbuddy without delay of any misuse the User becomes aware of.
Only the User himself/herself may use his/her account. The User may not pass on to third parties any access data or account-relevant information. The User is solely responsible for any use of the Services with his/her password and user name. The User is liable for any damage caused as a result of third parties becoming aware of his/her password due to his/her negligent or intentional behaviour.
If a User has forgotten his/her password or the password is used by a third party without authorisation, the User may request a new password if he/she meets the requirements applicable to the assignment of a new password.
An account may not be transferred and all rights to the account and any content saved will expire after the User’s death.
User’s Responsibilities and Obligations
The User is required to use and is responsible for using the Services only in accordance with applicable laws and these Terms of Services.
The User shall in particular: (i) not use the breakupbuddy website or mobile application to disseminate information that is offensive and/or in violation of any applicable laws; (ii) not infringe upon the rights of third parties and must respect the privacy of third parties, by not publishing or sending any pestering, defamatory or threatening content; (iii) not use the Services in a manner which may cause any change in the structure of the Services, the underlying software and/or programme data;; (iv) not copy, deliver or distribute the Services or any part thereof without the prior written approval granted by breakupbuddy; (v) not reverse engineer, decompile, otherwise extract the source code from the object code or disassemble the Services or any part thereof; (vi) not sell, rent, lend, convey, redistribute, sublicense, lease, resell or otherwise transfer for value, to any third party all or any part of the Services (vii) not use the Services in any manner or for any purpose that violates any applicable laws or regulations, any right of any third party, including but not limited to rights of privacy, or rights of publicity, intellectual property rights or in any manner inconsistent with these Terms of Services; (viii) not use the Services to encourage or promote copyright infringements or the exploitation of copyright infringing materials; (ix) not violate any Third Party Intellectual Property Rights (as defined in Section 6 of these Terms of Services); (x) not alter the Services in any other manner; and (xi) refrain from using and/or exploiting any content or data of breakupbuddy website or mobile application for commercial purposes.
The User accepts that it is prohibited to use the Services or any content contained therein (including, but not limited to, designs, text, graphics, images, information and software) in connection with any commercial purpose, such as soliciting any other user to buy or sell products or services. Any information obtained from breakupbuddy’s Services must not be used to contact, advertise, solicit, or sell anything to any other user.
breakupbuddy may remove from the website and the mobile application any unlawful or undesired content at any time and without consulting with the respective User, and breakupbuddy may take further measures, if required, at its sole discretion.
The User is responsible for interactions with other users, in particular for the information that he/she posts, uploads, publishes, links to, transmits, records, displays or otherwise makes available on the Services or transmits to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted.
The User represents and warrants that his/her postings will not infringe or violate the rights of any third party. The User further represents and warrants that all information is true and accurate and he/she agrees to promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false.
The User may not post as part of the Services any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights, including but not limited to Intellectual Property Rights (as defined in Section 6 of these Terms of Services) and rights of privacy and publicity.
The User shall hold harmless and indemnify breakupbuddy for and against all claims asserted by third parties and/or regulatory measures resulting from a violation of these Terms of Services.
If the User affects the Services technically (e.g. by ad blocker), breakupbuddy reserves the right to exclude the User from any or all Services.
Content and Postings
breakupbuddy may delete any information, content or postings, in whole or in part, that in the sole judgment of breakupbuddy violates these Terms of Services or may harm the reputation of the Services or the Company. To the extent such monitoring is permitted by law, breakupbuddy is entitled, but not required, to monitor content and acts of use within the scope of the Services.
breakupbuddy reserves the right to suspend and/or terminate a User’s account if he/she has misused the Services or violated these Terms of Services. breakupbuddy regards the following (non-exhaustive) list of behaviour as misuse or violation, being inappropriate or unlawful: (i) advocating harassment or intimidation of another person; (ii) promoting illegal activities or conduct that is defamatory, libellous or otherwise objectionable; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual; (iv) providing material that exploits people in a sexual, violent or other illegal manner; (v) “stalking” or otherwise harassing any person; (vi) asking or using Users to conceal the identity, source, or destination of any illegally gained money or products; (vii) providing instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses; (viii) promoting information that is false or misleading; (ix) promoting an illegal or unauthorised copy of another person’s copyrighted work, (x) transmitting “junk mail”, “chain letters”, or unsolicited mass mailing or engaging in “spamming”, “trolling” or similar activities; (xi) transmitting viruses, trojan horses, worms or other harmful, or disruptive codes, components or devices; (xii) using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; or (xiii) “phishing” of passwords or personal identifying information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission.
breakupbuddy may access content and, if applicable, pass on content to third parties or delete content if breakupbuddy is required to do so by law or if this is necessary at breakupbuddy’s proper discretion and permitted by law in order to (i) satisfy legal provisions or judicial or regulatory orders; (ii) ensure compliance with these Terms of Services; (iii) respond to the assertion by third parties of any violation of rights; (iv) safeguard the rights or personal safety of other users, of the public or of breakupbuddy; or (v) support users if they have technical problems with their account.
breakupbuddy reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates these Terms of Services, including removing the offending communication from the Services and terminating or suspending the account of such violators.
Opinions, advice, statements, offers, or other information or content made available on the Service, but not directly by breakupbuddy, are those of their respective authors. Such authors are solely responsible for such content. breakupbuddy does not: (i) guarantee the accuracy, completeness, or usefulness of any information on or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or through the Service. Under no circumstances will breakupbuddy be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Service or transmitted to or by any User of the Service; or b) reviews or comments made about you on the Service by other users.
You agree that breakupbuddy has no obligation to remove any reviews or other information posted on the Service about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
To the maximum extent permitted by law, breakupbuddy disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Service. Users do hereby represent, understand and agree to hold breakupbuddy harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Service or in any other venue.
Copyright; Third Party Intellectual Property Rights
breakupbuddy’s Services, the content thereof, including advertising content, as well as the software used in connection with the Services are protected by legal provisions, including, without limitation, copyrights, trademarks, patents or other intellectual property rights (“Intellectual Property Rights“). Users may use the Services, the content thereof and the software use only within the scope of these Terms of Services.
The User agrees to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of breakupbuddy.
Any use and any reproduction, alteration, dissemination, passing on, publication, display or presentation of the content of the Website and/or the App outside the use of the Services is prohibited. The User may not copy, download, store and/or sell in any manner whatsoever and/or use for commercial purposes the content made available by breakupbuddy.
The User is required to respect the intellectual property of third parties. The User may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights (“Third Party Intellectual Property Rights“). Without limiting the foregoing, if a User or third person believes that his/her work has been copied and posted on the Services in a way that constitutes copyright infringement, a notice of claims of copyright infringement should be provided to breakupbuddy at email@example.com. Such claims should include: (i) your name, address, telephone number and e-mail address; (2) an identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work; (3) a statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information that you have supplied is accurate and that, “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (5) a signature or the electronic equivalent from the copyright holder or authorized representative.
In accordance with Sections 4 and 5, breakupbuddy reserves the right to delete any information, content or postings which violates these Terms of Services as well as reserves the right to suspend and/or terminate a User’s account if he/she has misused the Services or violated these Terms of Services.
Limitation on Liability
To the fullest extent allowed by applicable law, in no event will breakupbuddy, its affiliates, business partners, licensors or service providers be liable to the User or any third person for any direct, indirect, reliance, consequential, damages whatsoever, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions the above limitations and exclusions may not apply to the User. In such jurisdictions, breakupbuddy’s liability is limited to the extent permitted by law, thereby minimizing breakupbuddy’s liability to the User to the lowest amount permitted by applicable law.
Nothing in these Terms of Services limits or excludes or will be deemed to limit or exclude breakupbuddy’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence or liability that may not otherwise be limited or excluded by law.
The User agrees to take all necessary precautions, including if the User decides to give money to another user or if the User decides to communicate off the Services or meeting in person. Any such meetings are at his/her own risk and breakupbuddy’s accepts no responsibility for such meetings.
Blocking/Termination/Deletion of the Account
breakupbuddy may block a User’s account without prior notice if the User violates the obligations under these Terms of Services.
Users may terminate the Terms of Services at any time for any reason whatsoever by deleting their accounts. If an account is deleted, the related content within your account will also be deleted within a reasonable time to the extent permitted by law. In such case, the deletion of User information will be irrecoverable. Please note that certain information will consist of conversations with other breakupbuddy users. Any information which a User who is terminating his account has sent to another user may still be accessible to such other user in the conversations section of their account.
If a subscription is acquired via the App via digital distribution platforms for application software such as – without limitation – Apple App Store or Android Market (see Section 11), the subscription shall be terminated via the respective distribution platform. All conditions governing termination shall be subject to the general terms and conditions of the respective distribution platform.
If an account is not used for a period of more than 18 months (i.e. no active login), breakupbuddy may disable the User’s account and delete all content included therein.
Modifications to the Services
breakupbuddy reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The User agrees that breakupbuddy shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, breakupbuddy reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
In App Purchases
breakupbuddy offers additional products and services for purchase exclusively through the Apple App Store or Android Market (in app purchases, hereinafter as “IAP“).
If the User chooses to make an IAP, the User will be prompted to enter details for the User’s account with the mobile platform the User is using (Apple, Android) (“User’s IAP Account“), and the User’s IAP Account will be charged for the IAP in accordance with the terms disclosed to the User at the time of purchase as well as the general terms for IAPs that apply to the User’s IAP Account. IAPs may include a free trial period. At the end of the free trial period, the User will be charged the price of the subscription and will continue to be charged until the User cancels the User’s subscription. To avoid any charges, the User must cancel before the end of the trial period. If the User purchases an auto-recurring periodic subscription through an IAP, the User’s IAP Account will be billed continuously for the subscription until the User cancels in accordance with the platform terms. In all cases, please refer to the terms of the User’s application platform which apply to the User’s IAPs.
Third Party Rights
Subject to Section 15, these Terms of Services give no other person or entity, other than the User and breakupbuddy and the respective permitted successors and assignees of the parties hereto, any right, remedy or claim with respect to this Terms of Services (whether under the Contract (Rights of Third Parties) Act 1999 or otherwise).
Amendments to these Terms of Services
Any amendments to these Terms of Services will become effective within 30 days of breakupbuddy’s posting of the revised Terms of Services. If the changes include material changes that affect the User’s rights and obligations, breakupbuddy will notify the User of the changes by reasonable means including by way of prominent notice on the website.
The User’s continued use of the Services after breakupbuddy posts any modifications to these Terms of Services will signify the User’s acceptance of such modifications. If the User does not agree with any amendment, the User must discontinue using the Services.
Any legal communications or notices to breakupbuddy shall be sent to firstname.lastname@example.org.
Any communications or notices to Users will be sent to the email address indicated by the User upon registration. Any communications or notices relating to Services which do not require registration will be disclosed by way of a notice within the relevant Services. Users may not claim to receive separate notice in such case.
Final Provisions; Governing Law and Courts
If any term hereof is invalid or ineffective, this shall not affect the validity of the remaining terms hereof. The invalid or ineffective term shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Services shall be governed by and construed in accordance with the laws of England and Wales. In the case of legal disputes in connection with these Terms of Services or its enforcement, the district court of the customer’s place of residence shall be deemed responsible.
To the extent permitted by applicable law, the following supplemental terms shall apply:
Apple App Store: By accessing the Services through a device made by Apple, Inc. (“Apple”), the User specifically acknowledges and agrees that:
These Terms of Services are between breakupbuddy and the User; Apple is not a party to these Terms of Services.
The license granted to the User hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Services on the Apple device(s) authorised by Apple that the User owns or controls for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Services.
In the event of any failure of the Services to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Services, if any, to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
Apple is not responsible for addressing any claims by the User or a third party relating to the Services or the User’s possession or use of the Services, including without limitation (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Services or the User’s possession and use of the Services infringes such third party’s Intellectual Property Rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
The User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) the User is not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms of Services and upon the User’s acceptance of the terms and conditions of these Terms of Services, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Services against the User as a third party beneficiary hereof.
Abbreviations /glossary points for the purpose of the use of the Services