We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum.
1. WHO WE ARE
Trip Hero UG (haftungsbeschränkt)
3. INFORMATION WE COLLECT
It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below.
Information you give us
You choose to give us certain information when using our services. This includes:
- When you create an account, you provide us with at least your login credentials, as well as some basic details necessary for the service to work, such as your gender and date of birth.
- When you complete your profile, you can share with us additional information, such as details on your personality, lifestyle, interests and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information.
- When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.
- When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions and testimonials.
- When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter.
- If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
- If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request.
- Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services.
Information we receive from others
In addition to the information you provide us directly, we receive information about you from others, including:
- Other Users Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.
- Social Media You may be able to use your social media login (such as Facebook Login) to create and log into your Triphero account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us.
- Other Partners We may receive info about you from our partners, for instance where Triphero ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success).
Information collected when you use our services
When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:
- Usage Information We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive).
- Device information We collect information from and about the device(s) you use to access our services, including:
- hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
- information on your wireless and mobile network connection, like your service provider and signal strength;
- information on device sensors such as accelerometers, gyroscopes and compasses.
- Other information with your consent If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services).
4. COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including Triphero, do not currently respond to DNT signals.
5. HOW WE USE INFORMATION
The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples.
To administer your account and provide our services to you
- Create and manage your account
- Provide you with customer support and respond to your requests
- Complete your transactions
- Communicate with you about our services, including order management and billing
To help you connect with other users
- Analyze your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to others;
- Show users’ profiles to one another
To ensure a consistent experience across your devices
- Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, browser version and similar data about your devices to help identify and link them.
To provide new Triphero services to you
- Register you and display your profile on new Triphero features and apps
- Administer your account on these new features and apps
To serve you relevant offers and ads
- Administer sweepstakes, contests, discounts or other offers
- Develop, display and track content and advertising tailored to your interests on our services and other sites
- Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you
To improve our services and develop new ones
- Administer focus groups and surveys
- Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior)
- Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from users).
To prevent, detect and fight fraud or other illegal or unauthorized activities
- Address ongoing or alleged misbehavior on and off-platform
- Perform data analysis to better understand and design countermeasures against these activities
- Retain data related to fraudulent activities to prevent against recurrences
To ensure legal compliance
- Comply with legal requirements
- Assist law enforcement
- Enforce or exercise our rights, for example our Terms
To process your information as described above, we rely on the following legal bases:
- Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you.
- Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.
6. HOW WE SHARE INFORMATION
Since our goal is to help you make meaningful connections, the main sharing of users’ information is, of course, with other users.
- With other users
You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publically viewable since neither you nor we can control what others do with your information once you share it.
If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings.
- An unsere Dienstanbieter und Partner
We may also share information with other companies for legitimate business purposes such as corporate audit, analysis and consolidated reporting as well as compliance with applicable laws. We may also share user information with other companies to remove users who violate our terms of service, or have been reported for criminal activity and/or bad behavior.
In some instances, we may remove that user from all platforms.
For corporate transactions
We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
- When required by law
We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
- To enforce legal rights
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
- With your consent or at your request
We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information.
7. CROSS-BORDER DATA TRANSFERS
Sharing of information laid out in Section 6 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. As an example, where the service allows for users to be located in the European Economic Area (“EEA”), their personal information is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data
8. YOUR RIGHTS
We want you to be in control of your information, so we have provided you with the following tools:
- Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact us.
- Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
- Deletion. You can delete your account by using the corresponding functionality directly on the service.
We want you to be aware of your privacy rights. Here are a few key points to remember:
- Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information.
- Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.
Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.
- Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
- Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.
9. HOW WE PROTECT YOUR INFORMATION
We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.
We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.
We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately.
10. HOW LONG WE RETAIN YOUR INFORMATION
We keep your personal information only as long as we need it for legitimate business purposes (as laid out in Section 5) and as permitted by applicable law. To protect the safety and security of our users on and off our services, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore.
In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless:
- we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
- there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
- the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
11. CHILDREN’S PRIVACY
Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service.
Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.
13. HOW TO CONTACT US
Last revised on 01/05/2020
Willkommen bei Triphero. Wenn Sie in der Europäischen Union leben, sind diese Nutzungsbedingungen zwischen Ihnen und:
Trip Hero UG (haftungsbeschränkt)
Die Begriffe („uns“, „wir“, „Unternehmen“ oder „Triphero“ beziehen sich auf die Trip Hero UG.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Triphero and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Triphero,
- you are not a person who is barred from using the Service under the laws of any applicable jurisdiction–meaning that you do not appear on a list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Triphero, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
4. Modifying the Service and Termination.
Triphero is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account with 1 month's notice to the end of a month, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. Triphero may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Triphero: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Users.
Though Triphero strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Triphero’s Safety Tips prior to using the Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TRIPHERO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TRIPHERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
6. Rights Triphero Grants You.
Triphero grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Triphero and permitted by this Agreement. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Triphero’s prior written consent.
- express or imply that any statements you make are endorsed by Triphero.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- Viren oder einen anderen bösartigen Code hochzuladen oder anderweitig die Sicherheit des Dienstes zu gefährden.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.“frame” or “mirror” any part of the Service without Triphero’s prior written authorization.
- use meta tags or code or other devices containing any reference to Triphero or the Service (or any trademark, trade name, service mark, logo or slogan of Triphero) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- use, access, or publish the Triphero application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, upTreffens, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant Triphero.
By creating an account, you grant to Triphero a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Triphero’s license to your Content shall be non-exclusive, except that Triphero’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Triphero would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Triphero can prevent the use of your Content outside of the Service, you authorize Triphero to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Triphero users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Triphero above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Triphero allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Triphero regarding our Services, you agree that Triphero may use and share such feedback for any purpose without compensating you.
Please be informed that Triphero may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules. By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- • use the Service for any harmful or nefarious purpose
- • use the Service in order to damage Triphero
- • use the Service in order to damage Triphero
- • spam, solicit money from or defraud any users.
- • impersonate any person or entity or post any images of another person without his or her permission.
- • bully, “stalk,” intimiTreffen, assault, harass, mistreat or defame any person.
- • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- • use another user’s account, share an account with another user, or maintain more than one account.
- • create another account if we have already terminated your account, unless you have our permission.
Triphero reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Triphero regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content.
Although Triphero reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Triphero cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.
Generally. From time to time, Triphero may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Triphero direct billing or other payment platforms authorized by Triphero. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Triphero or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
Auto-Renewal; Automatic Card Payment
Subscriptions are automatically renewed, until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the Treffen of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
After each payment you will receive a receipt by email. Objections to a payment already made, should be directed to Customer support if you were billed directly by Triphero or the relevant third party account such as iTunes. You are also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
You may unconditionally withdraw your consent to automatic card payments at any time by going to settings on Triphero or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your thrid party account (or Account Settings on Triphero) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Triphero application from your device. Deleting your account on Triphero or deleting the Triphero application from your device does not terminate or cancel your subscription; Triphero will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Triphero or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay Triphero directly with your Payment Method. If you pay Triphero directly, Triphero may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Triphero may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting Triphero and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be upTreffend. This may result in a change to your payment billing Treffens. In addition, you authorize us to obtain upTreffend or replacement expiration Treffens and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. Virtual Items. Triphero may manage, regulate, control, modify or eliminate Virtual Items at any time. Triphero shall have no liability to you or any third party in the event that Triphero exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT TRIPHERO IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction Treffen, or if the laws applicable in your jurisdiction provide for refunds.
You are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Triphero. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”.
If you subscribed using your Google Play Store account or through Triphero directly: please contact us with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Triphero (you can find this on your confirmation email). You may also mail or deliver a signed and Treffend notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number.
Alternatively, you may use the standard cancellation form (Annex 1), but this is not a requirement. Exception to Right of Cancellation: If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the Treffen when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
Consequences of Cancellation: You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- • a description of the copyrighted work that you claim has been infringed;
- • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- • your contact information, including address, telephone number and email address;
- • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Triphero will terminate the accounts of repeat infringers.
TRIPHERO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRIPHERO DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
TRIPHERO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Triphero is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Triphero is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIPHERO, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TRIPHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRIPHERO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TRIPHERO FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
- A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by Germany under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Hamburg, Germany. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Hamburg without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Triphero does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
16. Governing Law.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Germany, will apply to any disputes arising out of or relating to this Agreement or the Service.
All claims arising out of or relating to this Agreement, to the Service, or to your relationship with Triphero that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Hamburg, Germany. You and Triphero consent to the exercise of personal jurisdiction of courts in the State of Hamburg and waive any claim that such courts constitute an inconvenient forum.
18. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Triphero, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
Summary of Terms
Eligibility. You must be at least 18 to use the Service and not prohibited by law from using the Service. You promise to follow the law and that you’re not a convicted felon or sex offender.
Your Account. If you use Facebook to access Triphero, you must authorize us to access certain information from Facebook to use Triphero. You agree to keep your account secure and confidential.
Modifying the Services; Termination. We may modify the Services at any time or discontinue them altogether. You can terminate your account in Settings, and we reserve the right to terminate it for you if you violate this Agreement or if we deem your use of the Service to be inappropriate.
Safety. Triphero is not responsible for the actions of its users or your interactions with them, and we don’t conduct background checks. Be careful and be sure to read and follow our Safety Tips on interacting with people on or off of Triphero.
Rights. Triphero grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant Triphero the right to display your profile and Content for the limited purpose of Triphero operating the Service and researching and developing new ones.
Rules. See the Agreement for a list of the rules you agree to abide by when you use Triphero, such as not soliciting money from other users, harassing other users or using the Service for any illegal purposes.
In App Purchases. Triphero may offer services for purchase through mobile platforms such as iTunes and Google Play. Those purchases are governed by the terms of the platforms. Most purchases are not refundable and certain services only grant you a specified license, as further described in the Agreement.
Copyright. If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our Copyright Agent following instructions in the Agreement.
Disclaimers. Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.
Limitation of Liability. To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees you pay us.
Arbitration. Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action.
Governing Law; Venue. German law applies to this Agreement. Actions for disputes relating to this Agreement must be brought in Hamburg, Germany.
Indemnity. You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.