TERMS AND CONDITIONS

TERMS & CONDITIONS – „MOMENTUM“ APP

§ 1 Scope and Applicability

2808 – Divisions & Ventures UG (haftungsbeschränkt)
with registered offices at Hasenheide 74, 10967 Berlin, GERMANY

represented by its managing director Elias Diebold
email: info@28o8.com

(hereinafter referred to as „we/our/us“)

has developed and created the online dating app

(hereinafter referred to as: „the App“ or „momentum“)

for use on electronic mobile devices with Internet access and is operating the App.

Momentum is distributed through common app stores, such as Google Play or Apple App Store and can be downloaded by customers (hereinafter also referred to as „you“ or „user“ or „member“) and installed on customer’s mobile device.

After downloading the App customers can apply for a membership in our community by following the instructions in the App and – if access is granted and the customer is successfully registered and verified – purchase a subscription which enables the customer to use all features of the App in accordance with these Terms & Conditions (T&C) and all statutory provisions that may apply additionally for the duration of the term of the respective subscription.

These T&C govern the use of the App by our customers and all features and services provided by us within the App. During the registration process we will ask you to confirm the applicability of these T&C. Without confirming the applicability of these T&C we will not be able to enter into a legally binding agreement with you and to provide any services to you. For the purchase of the App and the subscription to the App’s services and features supplemental Terms & Conditions of the respective distributors (i.e. the app store operators such as Apple or Google) apply additionally.

You may access the current version of these T&C at any time in the member’s area of the App and may save it on your mobile device.

The respective version of these T&C is valid and applicable at the time the subscription is entered into by the customer.

§ 2 Eligibility

We are offering and operating a dating App for adults only, on which subscribed members i.a. can interact, chat and arrange dates with each other. Our App may under NO circumstances be used by people of minor age under the laws of the country or state in which they reside. Under German law under which we are offering the services of the App, the minimum legal age to use the services of our App is 18. The legal age may differ in other countries or states. You are obligated to check whether or not you are of legal age in the country or state you are residing. Any person who is not of legal age is prohibited to apply or subscribe for a membership, to register in our App and/or to use the App or access its content. Any false representation of a customer to be of legal age will cause immediate termination of a subscription and exclusion from all of our services. No person of legal age may directly or indirectly permit access to the App to a minor or subscribe or register on behalf of a minor. In our registration process we have implemented security measures to prevent people of minor age to subscribe to our services, especially by having the third-party service „Stripe“ assigned with the verification of our customers before being granted a subscribed membership.

You may not use the services of our App, if you have been convicted of a crime or felony, involving violence, sexual harassment, rape and/or stalking. Any failure or omission to inform us about such a conviction will cause immediate termination of a subscription and exclusion from all of our services.

Only natural persons may use the services of our App for private and non-commercial purposes only. Multiple registrations or subscriptions of one person are not allowed. Once a person has been refused or excluded from our services, the same person is prohibited from applying, registering or subscribing for the use of the services of the App again.

If you use the services of the App you need a working mobile device (e.g. mobile-/cell-phone, tablet) which is compatible and interoperable with the App and a stable internet connection (e.g. WiFi-access) to connect your mobile device with. We do not warrant or guarantee and take no express or tacit liability or responsibility for the compatibility or interoperability of your mobile device with which you want to use the App.

§ 3 Application

After downloading the App from an App Store of our distributors (e.g. Google or Apple) you first need to apply for a subscription before we allow you to use the services of our App and grant access to it. During this application process you need to provide us with necessary data and information, such as an existing email address, answer a few questions about yourself and upload three photos/pictures of yourself through the App. Furthermore, we will provide you with the text of these T&C and will ask you to confirm that you have read and understood these T&C and that you agree to their applicability. You are obligated to provide us with complete, accurate and correct data and information about yourself, to answer all questions to the best of your knowledge and belief and to upload three photos of yourself. You may not upload and send photos to us on which it is not you who is depicted on these photos. Furthermore, you may not upload and send photos of which you do not own the necessary rights to. Photos that contain nudity, sexual content, obscene gestures, drugs, drug consumption/abuse, weapons, guns, symbols, logos, trademarks of illegal organizations or content that is unlawful or offensive in any other way may not be uploaded or submitted. Any failure or omission to comply with all conditions set forth here within will lead to a refusal of your application.

After receiving your data and information we will check and examine your application thoroughly and will let the applicant know within 24 hours whether or not the application is accepted, in which case the customer may register, verify and subscribe for a membership and use the App. It’s in our sole discretion to accept or decline an application, depending on our assessment whether or not an applicant may match to our community. We are not obligated to give reasons, if we decline an application. The decision to accept or decline an application is final and binding and may not be challenged or otherwise objected by the applicant. There is no recourse to legal action in terms of our decision. However, we will not decline an application in bad faith or for discriminatory reasons.

Data, information and any other material about the applicant that is submitted to us during the application process will only be used by us to assess the application and to base our decision hereon and will be deleted thereafter, at the latest two weeks after we have informed the applicant whether or not the application is accepted. This does not apply to data, information and material that is crucial to exercise our contractual obligations and offer the services of our App. Such data, information and material may be stored and used for the duration of the subsequent subscription(s) until all claims arising out of a contractual relation between us and the customer are finally settled and until all applicable statutory retention periods have expired. All data, information and material that are submitted to us in the course of an application will be assessed and „hand-curated“ by us. However, we reserve the right to change the application process in the future, for example by implementing Artificial Intelligence (AI) technologies to assess applications. Current information will be updated in our Privacy Policy.

Once we have accepted an application we will notify the applicant about it, send an invitation link and give further instructions on how to proceed for a membership subscription within the menu of the App.

We neither have to give reasons nor notify an applicant, if an application is refused.

§ 4 Registration/Sign-Up, Verification, Subscription

In order to subscribe for a membership subscription you need to follow the instructions within the menu of the App.

Registration/Sign-Up: By providing the services of our App we want to establish a platform for our customers/members where they can date each other and interact in real life. Therefore, the App is only available in selected cities which are displayed in the App. When registering, you have to select the city in which you want to use the App. We will indicate whether or not the App is available in selected cities. If the App is currently not available in your city, you can sign up to our waiting list. Once the App is available in the city for which you have signed up to our waiting list, we will notify you about momentum’s availability there via e-mail or push notification and you can proceed with the registration, verification and subscription. Furthermore, in order to use all functionalities of the App it is mandatory to enable our App to access your location, as potential dates and „Desires“ are only displayed to other App users within a certain radius. You can allow the App to access your location in the settings of your mobile device. You will be informed hereof via a push message in the App. Geo-data about your mobile device’s location are only used to provide our services to you as described above. If you do not enable the App to access your mobile device’s location you will not be able to use the functionalities and features of the App to the full extent. When registering for our services you may sign in via Apple with your Apple ID or with the email address or phone number you have submitted to us. We will send a text with a verification code to you either via email or via SMS, depending on which sign-up method you have selected. You will be able to start the registration process with the verification code we have provided you with. Within the registration process you have to type in the following personal data: first and last name, choose the gender you want to register with, your sexual orientation, your relationship status and „sparks“ (i.e. turn-ons). You may additionally choose a nickname which will be displayed to other users of the App once you have set up your account and become a subscribed member of the App. All data and information you are submitting to us have to be complete, accurate and correct. Your personal data: first name and last name will be verified after the registration. After typing in and selecting all required data and information we will inform you about our guidelines and ask you to consent to and accept these guidelines. By informing you about these guidelines we are pointing out and urging our users to transparent, decent, respectful, mindful, careful and consensual behavior and manners that we deem to be crucial when interacting with other users. Any failure to comply with our guidelines entitles us to immediately terminate your subscription and exclude you from our App.

Subscription: The App is provided as a subscription only platform. In order to use the services of our App you have to subscribe by clicking on the after a) having downloaded the App, b) having completed the application- and registration process, c) having agreed to the applicability of these T&C and d) having paid the subscription fee, unless the subscription is terminated during the four weeks trial period, in which case fees will be reimbursed. The Term of the subscription and the price is indicated on the respective button. After clicking on the button you will be re-directed to the App store where the transaction is handled and completed. As the transaction for the subscription of the App is executed by our distributors (i.e. the App stores) the relevant Terms & Conditions of the respective distributors apply and need to be complied with. We do not have any influence on our distributors’ Terms & Conditions and therefore do not take any responsibility or liability for any disputes arising out of or in connection with subscribing to our services at our distributors.

Verification: We have assigned Stripe Payments Europe, Limited (SPEL) with registered offices in the EU (Dublin, Ireland), Web: stripe.com – hereinafter referred to as „Stripe“ – with the verification process. After signing up for the App and after completing your subscription you will be re-directed to Stripe. As a company with registered offices in the EU Stripe has to comply with European laws, especially relevant data protection laws, such as the EU-GDPR. We use these third-party verification services to thoroughly check the identity of users who have signed up for the App, to prevent fraudulent or incorrect registrations for the services of the App and – by doing so – to ensure a high level of safety and transparency for us and our users. Stripe has no knowledge about the purpose of the verification, which means Stripe and Stripe’s employees, who are conducting the verification process, do not know that you are about to subscribe for our dating app momentum. We will not accept user subscriptions and will not provide our services to users who have not been successfully verified by Stripe. In order to take part in the verification process you will have to present a valid Identity Card (ID) / Personalausweis (PA) of yourself. Furthermore, you have to enable Stripe to access your camera and microphone of your mobile device which can be done in the settings of your mobile device. You will be informed hereof. If you do not enable Stripe to access your mobile device’s camera and microphone you will not be able to verify. Access to camera and microphone is necessary to conduct the verification process. Stripe’s Terms & Conditions and Privacy Policy apply and need to be complied with. We do not have any influence on Stripe’s Terms & Conditions and Privacy Policy and therefore do not take any responsibility or liability, neither for the result of the verification nor for any disputes arising out of or in connection with the verification process at Stripe. We will notify the customer once he has been successfully verified. To the maximum extent permitted by law, the result of the verification is final and binding and may only be challenged or otherwise objected by the user, if statutory law provides mandatory legal remedies or relief. There is no recourse to legal action in terms of the verification process other than set forth by statutory legal provisions. For you, the user, Stripe’s verification process is free of charge. Costs are borne by us.

Trial Period: The first four weeks after your subscription is deemed to be a free trial-period which is free of subscription fees or any other charges, provided you terminate the subscription during the trial-period of four weeks by cancelling the subscription in the members area of the App or by notice to us via e-mail. If you already have paid subscription fees, you will be fully reimbursed these fees. After the free trial-period of four weeks the subscription is automatically transformed to a fee-based subscription for the duration of the Term it is entered into.

A legally binding and valid contract for a fee-based subscription for the duration of the Term is concluded by clicking on the after a) having downloaded the App, b) having completed the application-, registration- and verification process, c) having agreed to the applicability of these T&C and d) having prepaid the subscription fee, unless the subscription is terminated during the four weeks trial period, in which case fees will be reimbursed, as described in detail above. When filling out all mandatory and required fields during the registration-/subscription process you can correct misspellings or typos before submitting all data and information to us, usually by clicking on the back button of your mobile device’s browser or in the App.

Contract language is English.

After a contract is concluded, the text of the contract is not accessible online and will not be stored in the Internet. Upon request we will inform our customer about the essentials of an existing contract with us regarding the use of the App.

§ 5 Description of our services and functionalities of the App

For the duration of the Term we offer full access to the services in the App to our registered, verified and subscribed users.

Users may upload user generated content in the App, such as maximum three photos or one video clip of a maximum length of three seconds per „Desire”, texts about who you are and what you are looking for for your „Desire“ up to a maximum length of 160 characters, set up, upload and post dating requests (so called „Desires“), apply for dates with other users („asking someone out“), browse through the App and other user’s content, chat, interact and arrange dates with other users – all based on the paramount principle of mutual consensus. For the sake of clarity, we as the operators of the platform provide the digital infrastructure to our users, but we cannot warrant or guarantee that dating requests („Desires“) of our users will be accepted by other users as this is solely the user’s choice.

To access your account and use the services of the App you need to log-in to your account with your user-name or email address and a password of your choice. We recommend you to choose a unique password and keep it confidential at all time in order to prevent misuse of or unauthorized access to your account. If you suspect a misuse of or any unauthorized access to your account or if you are aware hereof, you are obligated to immediately change your password and/or to notify us about it. We are not responsible and may not be held liable for any damages arising out of or in connection with any mis- or unauthorized use of your account.

All material / content that is uploaded by a user on his/her account and displayed to other users for a „Desire“ is automatically deleted at sunrise and will no longer be available or accessible to other users thereafter. „Sunrise“ is the local time of the city/area in which you are using momentum, when the sun rises early morning. The duration until deletion of a „Desire“s“ content is displayed in your account by a countdown. We do not take any responsibility and assume no liability for the loss of data due to the automatic deletion of the users’ content and material at sunrise as this is a characteristic feature of the App and is supposed to emphasize the „momentum“ idea of the App. You may delete your „Desire“ after posting it at any time yourself by following the instructions in your settings of the App.

When searching for „Desires“ of other users or in order to decide to whom your „Desire“ is being displayed you can filter and select suggested search criteria in the settings of your account.

You can post a „Desire“ in the respective settings of your account by following the instructions in the menu of the App, i.e. choosing from the suggested criteria/categories, typing in a headline and text describing your „Desire“ with up to 160 characters, uploading a photo or short video of yourself and confirming the checkboxes relating to the content you are about to post in order to promote your „Desire“ and make it accessible for other users.

You can only post ONE (1) desire per day, i.e. until sunrise. Furthermore, we reserve the right to limit the number of users who may contact you and apply for your desire to a maximum of ten (10) users in the future in order to prevent spamming. Once you have accepted ten (10) users who have approached you to ask you out, your „Desire“ will be automatically deleted.

You can only apply to a maximum of TWO (2) desires of other users per day, i.e. until sunrise. When asking another user out, you have to send a message to the other user and upload a photo of yourself. Text and photo are displayed to the other user who is free to accept or ignore your contact before chatting/interacting with you in order to make the choice whether he/she/they want(s) to interact with you and/or meet you for a date.

Couple Codes: The App allows you to upload and post couple dating requests („couple desires“) with your partner’s consent only. In order to upload and post a couple desire you have to confirm and click that you are a couple and type in and submit your partner’s code first. Your partner can find this code in his/her/their App profile settings. The partner code is automatically generated. It can be deleted in the settings of the App. A partner of another user is not allowed to disclose the partner’s code to anyone else but his/her/their partner. Furthermore, you have to upload a couple picture with yourself and your partner before we provide your partner with such a partner code. We are not providing partner codes to anyone who is not a subscribed and verified user of the App. Once these criteria are met and you have successfully posted a couple desire, your partner will be automatically added to all chats relating to the respective couple desire which enables your partner to actively take part in the communication. You are obligated to keep the partner code confidential at all time in order to prevent misuse or unauthorized use. If you suspect a misuse or any unauthorized of your partner code or if you are aware hereof, you are obligated to immediately delete your partner code and/or to notify us about it. We are not responsible and may not be held liable for any damages arising out of or in connection with any mis- or unauthorized use of your partner code.

Reporting users: If you are experiencing or detecting inappropriate behavior by other users on our platform or outside on a date with another active user of the App, such as but not limited to illegal, criminal, insulting, abusive, offensive, obscene, intrusive, molesting, assaulting, defamatory, discriminating, violent or any other inappropriate behavior in words or actions, we encourage you to report such behavior to us by using the report button and follow the instructions in the App. Reports can also be sent to us via email. We are taking reports very seriously and will check every report thoroughly as we consider our platform to be a safe-space on which all users shall feel comfortable and secure when using it and when interacting with other users. We may contact a person who has reported allegations about another user to us in order to clarify the situation. We will also notify users about reports we are receiving about alleged inappropriate behavior of them anonymously, i.e. without informing the alleged person about the person who has reported such behavior to us. When informing a user about a report/complaint we will demand a statement of the alleged person within a reasonable period of time. After examining the report and the statement thoroughly we reserve our ultima ratio right to terminate the contractual relation to a user, if we deem the reported allegations to be fact-based and true and if we deem them to constitute a breach of contract and/or an unacceptable misconduct. In consequence hereof, we will exclude such user from our services with immediate effect. Our decision to do so is in our sole discretion and is not subject to legal recourse, as far as permitted by statutory law. However, you as a reporting person may under no circumstance submit reports or complaints to us, that are based on false, wrong, inaccurate or incomplete facts or accusations. You are obligated to check facts, circumstances and grounds of the allegations thoroughly before sending a report to us. Failure to comply herewith may also lead to a termination of contract and an exclusion from our services with immediate effect. Please note, that reporting illegal or criminal activities to us does not replace reporting such activities to the competent public authorities, such as the police or a public prosecutor. Unless we are obligated to forward reports of allegations to governmental/public authorities by statuary legal provisions, by court order or by official regulatory order, we keep reports and allegations confidential.

§ 6 Subscription Fees, Payment

Momentum is a subscription-based App. The provision of our services in the App and our user’s full membership is subject to the full, regular and in-time payment of monthly subscription fees.

All prices indicated when purchasing a subscription for our App services include value added tax (VAT) and all other price elements. All prices are in EURO unless explicitly indicated otherwise. Indicated prices refer to the subscription per MONTH unless explicitly indicated otherwise.

Subscription prices at the time of your purchase (= download of the App from the app store of your choice) apply.

Full payment of the monthly subscription fees must be advanced at the beginning of a month. Failure to advance full payment entitles us to terminate the subscription and exclude you from using the App temporarily – until all payments are settled – or finally. A premature termination of the subscription agreement does not release you from payment of the subscription fees due until a termination becomes effective or from any other monetary claim we are entitled to by contract or statutory law provisions, e.g. compensation payment for delayed payment.

You may neither withhold payments nor set off costs, expenses, remuneration, fees, etc. from the monthly subscription fees payments, arising out of or in connection with counter-claims that are disputed by us, unless we expressly acknowledge such counter-claims or there is a final court ruling on such counter-claims in your favor.

Momentum is being distributed through app stores which are operated by third-party distributors, such as Google, Inc. for Google Play or Apple, Inc. for the Apple App Store. The terms and conditions of the respective third-party distributor apply additionally and have to be complied with when downloading the App and purchasing a subscription for the App. We do not have any influence on our distributors’ terms and conditions and therefore do not take any responsibility or liability for any disputes arising out of or in connection with subscribing to our services at our distributors.

For the purposes of processing payments when downloading the App and purchasing a subscription in the app store of the respective third-party distributors you may be re-directed to third-party payment service providers, such as Paypal for instance, in which case the terms and conditions of the respective payment service provider apply additionally and have to be complied with. We do not have any influence on the distributors’ payment service providers’ terms and conditions and therefore do not take any responsibility or liability for any disputes arising out of or in connection with processing payments for the purchase of a subscription for the App.

We offer a free membership subscription for a Trial Period of four weeks (see § 4 (5) above). If the subscription is not terminated during the free Trial Period it automatically converts to a regular monthly subscription for which monthly fees become due and are payable in advance at the beginning of each month.

Discounts or special offers/deals are only valid for the time-period explicitly indicated under the provisions being expressly set forth in the relevant terms.

§ 7 Grant of Rights

Momentum partly consists of user generated content, such as photos, video snippets and texts, which is uploaded and posted by you, our subscribed user/customer/member and will be online accessible to other users of the App. By uploading and posting such user generated content in the App you grant us the non-exclusive and non-transferable right to display and make publicly accessible your content in the App to users worldwide for as long as your content is online and available to other users. We will not use your content for any other purpose than displaying it and making it publicly accessible to other users within the App. You may delete self-uploaded content anytime in the personal settings of the App. However, we reserve the right to internally store and save user generated content as evidence, if we deem such content to be infringing or otherwise illegal.

You warrant and guarantee a) that you have the legal right to grant licenses and rights to all user generated content you are uploading to the App, free from additional costs, liabilities, expenses or charges of any kind or nature and b) that you own all rights to or have cleared all necessary rights from all other persons and parties involved in the creation and/or depiction of user generated content, e.g. photographer, models, designers, etc. You have to indemnify and hold us harmless from any and all claims, liabilities, losses, damages and expenses claimed by third-parties arising from any breach of your warranties, representations or covenants hereunder.

If you have a good faith believe or if you are aware of that user generated content that has been uploaded to the App and is publicly accessible to other users of the App infringes i.a. Intellectual Property rights of you or others you can contact us, inform us hereof and ask for a takedown and removal of the respective content. We will examine ingoing reports about i.a. copyright infringements thoroughly and without undue delay and will take all necessary steps and measures to prevent a further dissemination of infringing material and content.

The App and all of its content and elements are protected by Intellectual Property law in favor of their creators and/or rights holders. That applies especially, but is not limited to photos, videos, texts, motion pictures, graphics, logos, signets, trademarks, databanks, source- and other codes, the programming, the design, software, jingles, sounds, etc. The creators of the App and its elements reserve all of their rights to IP-protected works, services or performances embodied in the App and its elements. By downloading and using the App within the framework of a subscribed membership you are not granted any other right to the App and its elements but the right to use its normal functions and features in accordance with the intended private use as outlined in these T&C. Without an express consent of the respective creators and/or rights-holders to the App and its elements you are therefore NOT allowed to make any excessive use hereof, e.g. by copying, selling, distributing, changing, modifying, decompiling, reverse-engineering, disassembling, offering, lending, renting, licensing, exploiting, making commercial use of, combining, compiling or synchronizing the App or its elements in whole or in parts. Failure to comply herewith constitutes an infringement of Intellectual Property rights which entitles us and/or the respective rights-holder or creator to enforce any and all rights and remedies against the infringer that statutory legal provisions provide. Furthermore and in addition to the foregoing, any infringement entitles us to terminate a subscription with the infringer and to exclude the infringer from our services with immediate effect.

§ 8 User Generated Content

When uploading and posting user generated content, such as photos, images, video snippets, texts, etc., such content will be publicly accessible, displayed and disseminated online to other users of the App.

When uploading and posting content in the App you must ensure that you own all necessary rights to such content, in particular people who are depicted on photos or videos, people who have shot photos or videos, people who have written texts, etc. must consent to and explicitly allow you to use the content for the intended purpose of using it in the App.

When you post photos or videos of yourself in the App, it must be yourself who is depicted on the photos or videos.

Any photo, video or other visual material to be uploaded on the App that contains nudity (i.e. the depiction of primary or secondary sexual organs), explicit sexual or pornographic content will be AI-filtered and may not be posted.

Any material to be uploaded on the App with illegal, criminal, insulting, abusive, offensive, obscene, intrusive, molesting, assaulting, defamatory, discriminating, violent or any other inappropriate content may be reported to us and is subject to immediate deletion/removal. The same applies if a user supports, trivializes, incites or relativizes any content of such nature.

You may not upload and post photos, videos or texts containing or depicting violence, weapons, guns, drugs, drug abuse or slogans, symbols, logos, flags, trademarks, etc. of illegal organizations. Such content may be reported and is subject to immediate deletion/removal.

You may not post links, in particular, but not limited to URLs (= Uniform Resource Locator) in the App. Links will be filtered and removed.

§ 9 Breaches of Contract, Misconduct

Failure to comply with user’s obligations as set forth in these T&C, such as, but not limited to infringements of Intellectual Property or violations of §§ 2, 3 (1), 6 (4), 7 (4), 8 and 9 (2) – (5) of these T&C will constitute a breach of contract and entitles us to terminate the subscription and to exclude the user from the App and its services with immediate effect according to § 10 below.

The user may not upload or make publicly accessible any content or other material in the App that contains viruses, spyware or other harmful software (malware) that may affect or impair the smooth and flawless operation of the App or certain functionalities of the App or that may cause malfunctions to it.

The user may not upload or make publicly accessible any content or other material in the App in a data volume that is likely to affect or impair the smooth and flawless operation of the App or certain functionalities of the App or that may cause malfunctions to it.

The user may not use the App as an advertising platform for commercial purposes, e.g. to conduct competitions, to promote, offer, distribute or advertise products or services, to place advertising banners or to upload content or other material for advertising purposes.

The user may not spy on data of other users and may not collect, process, forward or use data, content or material of other users without their express consent. The user may not spam other users.

§ 10 Term and Termination of Services

The first four weeks following the application, verification and final subscription is a free trial-period which is free of subscription fees or any other charges, provided you terminate the subscription during the trial-period of four weeks by terminating the subscription in the members area of the App or by notice to us via e-mail. If you already have paid subscription fees, you will be fully reimbursed these fees. After the free trial-period of four weeks the subscription is automatically transformed to a fee-based subscription for the duration of one month each, beginning on the first day after the end of the four weeks trial period.

The Term of the subscription is one month each and begins on the day of your subscription after your application, registration and verification respectively on the first day after the four weeks trial period has ended without you terminating the subscription during the trial period. The subscription automatically renews after each month for another month, unless you terminate the subscription before the end of the respective monthly term in the members area of the App, by notice to us via e-mail or by letter. The termination becomes effective at the end of the respective monthly term in which we have received your termination.

Termination for a compelling reason: The subscription may be terminated by either party to the contract for a compelling reason without observing a period of notice if facts are given on the basis of which, having considered all circumstances of the individual case and weighed the interests of both parties, the terminating party cannot reasonably be required to continue the subscription until the end of the notice period or the regular end of it. In such a case notice of termination may only be given within two weeks. This period begins upon full knowledge of all relevant facts that entitle one party to terminate the subscription.

If and to the extent the compelling reason can be cured or remedied within a reasonable time period, the party that would otherwise be entitled to terminate the subscription may terminate it only after serving a warning notice to the other party demanding it to cease and desist the contract breach within a reasonable time period and if the party receiving the warning notice fails or refuses to comply herewith within the set time period. Specifying a period of time for relief and issuing a warning notice also may be dispensed with if special circumstances are given that, having weighed the interests of both parties against each other, justify immediate termination. Such special circumstances that justify immediate termination of a subscription from our side without having to issue a warning notice are i.a. infringements of Intellectual Property or willful or negligent violations of §§ 2, 3 (1), 6 (4), 7 (4), 8 and 9 (2) – (5) of these T&C.

We may terminate subscriptions within a reasonable notice period, if we decide within our sole discretion to cease to provide our services, if we cease to distribute the App or if our company is being dissolved or ceases to exist.

All notices hereunder (warning and termination notices) may be served in writing, via email or via notification in the App.

The right to claim damages, expenses or outstanding payments is explicitly not excluded, if a subscription is terminated prematurely.

§ 11 Liability

We are liable for damages caused by own willful or gross negligent acts independently of the legal basis of such claims according to statutory provisions. In the event of slight negligence we are only liable for breaches of essential contractual obligations, limited to compensation for direct and foreseeable damages. In the event of slight negligence we are not liable for indirect and/or consequential damages or lost profits. Essential contractual obligations within the meaning of this provision are those obligations whose fulfillment is material for the proper performance of the contract and on whose compliance you may regularly rely. Our essential contractual obligation is especially our obligation to grant access to our App enabling you to use it during the subscription term(s).

The exclusions and limitations of liability as set forth in the above mentioned provision also apply to our employees, representatives or any other agents or subcontractors.

The exclusions and limitations of liability as set forth in the above mentioned provisions do explicitly not apply in case of damages caused by willful or gross negligent acts, in the event of injury to life, body or health or if claims are based on §§ 1 and 4 of the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG). Instead, statutory provisions apply.

§ 12 Privacy Policy, Third-Party Services

We collect, store and otherwise process personal data of you in order to identify you as our member or applicant, to provide our services to you and to handle and fulfill contracts governing the use of our App, including the resolution of any claims that may result out of or in connection with the use of our App and/or the termination of our services within the framework of the EU-GDPR (General Data Protection Regulation).

Our services may enable or assist the access of and/or interaction with third-party services or resources on the Internet (hereinafter collectively referred to as: “third-party service(s)”). When you are redirected to or access third-party service, the use of these services is governed solely by the terms and conditions of the person or legal entity operating such third-party service, and any contract entered into, or any transaction completed via any of such third-party service, is between you and the relevant third party, and not us. We make no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party service or any transaction completed and any contract entered into by you with any such third party.

Further information about the processing of personal data by us and third-party service partners in connection with the use of our App can be found in our Privacy Policy.

§ 13 Online Dispute Resolution according to EC Directive 2013/11/EU on consumer ADR

The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/ This platform is intended to provide consumers with the opportunity to clarify disputes arising from an online contract. Our e-mail address for consumer complaints is: info@28o8.com

We are neither obligated nor voluntarily participate in dispute resolution proceedings before a recognized consumer mediation agency.

§ 14 Final Provisions

German law applies to all disputes arising from contracts between us and our members, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Effective Date: June 2024