1.2 These terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user will only become part of the contract if TTF has expressly agreed to their validity. The requirement of consent also applies if TTF performs the services without reservation in knowledge of the general terms and conditions of the user.
1.3 The contract language is German. If translations of these terms or other contract-related declarations and documents are made into languages other than German („read versions“), only the German version shall prevail.
1.4 TTF expressly reserves the right to change these terms. Changes to these terms will become effective if the user does not object to the changes in text form (§ 126b BGB) within one month after receipt of a notice of change and TTF has informed the user in the notice of change about the right to object and the applicable period of time. If the user objects to the change in text form (§ 126b BGB), the previous terms will continue to apply. In this case TTF is entitled to terminate the membership according to section 6.3 within two weeks after receipt of the objection. Excluded from this reservation of right to change are such changes that refer to an obligation of one of the parties, the fulfillment of which makes the use of the app possible in the first place and on the compliance of which the respective other party regularly relies or may rely („essential contractual obligation“).
2.1 TTF's main service obligation is the provision of the app. Through this, users are given the opportunity to quickly and easily enter into a personal exchange in which they can see and hear each other live and meet on a heart-to-heart level.
2.2 TTF provides the App with the services offered therein as it was available at the time of registration in accordance with clause 3. and which was available at that time („as is“). Apart from that, the user has no claim to a certain design or equipment of the App. TTF reserves the right to change the App in whole or in part or to discontinue it permanently or temporarily at its own reasonable discretion (§ 315 BGB) taking into account the interests of the user, provided that this does not affect essential contractual obligations of the user arising from the membership and this is reasonable for the user; the procedure according to section 1.4 applies accordingly. Furthermore, TTF reserves the right to change or extend the content and structure of the app as well as the associated user interface, provided that this does not or not significantly impair the purpose fulfillment of the contract concluded with the user.
2.3 TTF provides the App with an overall availability of 95% on an annual average. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period minus the time allotted to necessary maintenance periods. During maintenance work, the app is not available.
2.4 The App is provided to the user exclusively via an App executable service for the use of the services offered with the App. The transfer or making available of source codes or interface definitions is not owed by TTF.
2.5 TTF only provides the technical App for the content posted by the users. The contents posted and/or published by a user on the App are third party contents for TTF in the sense of clause 5.2. If TTF exceptionally provides its own contents via the App, these are explicitly marked as such.
2.6 TTF is entitled to provide the services to be provided and related services in connection with the App itself or through third parties („Subcontractors“). TTF will only engage subcontractors located in the European Union or the European Economic Area („EU/EEA“) to provide services to the user.
3.1 The app can be accessed at any time without registration. To use the services offered by the user by means of the App, in particular to use the essential App functionalities, the user must register as a member. Each person may register and maintain an account only once. Multiple registrations are prohibited and may be penalized in accordance with section 8.
3.2 Only natural persons of legal age are admitted as users. TTF reserves the right to refuse the registration of interested parties in individual cases without giving reasons. Claims for damages against TTF resulting from the rejection of an interested party do not exist subject to clause 9.
3.3 The data deposited by the user in the profile, especially the data requested during the registration, have to be provided completely and truthfully; this also applies to such data which are not mandatory but voluntarily deposited by the user to complete his own member profile. If the user's data changes, the user is obligated to update the information in his member profile without delay.
3.5 The user is obligated to keep his/her password secret and must protect it from unauthorized use by third parties. The user is obliged to change the password at regular intervals. If the user becomes aware of a misuse of his own access data, if there is a possibility or a threat of such a misuse, the user will inform TTF immediately. The user is liable for any misuse of his member profile; this does not apply if the user is not responsible for the misuse.
3.6 After successful email registration, the user can use the app with all functionalities for 7 days (trial period). After this trial period TTF will verify the user in order to avoid abusive registrations and to ensure the protection of minors and the quality of the app. Until successful verification, the functionalities of the app will be restricted. This also applies if the user has already purchased additional functions subject to payment within the trial period.
3.7 The verification to be carried out in accordance with section 3.6 shall be carried out either by e-mail or via the menu item „App settings- „Account“ - „Confirmation e-mail““ in the profile settings. After successful completion of the verification, the user has unrestricted access to the app's functionalities.
4.1 TTF's main obligation is the provision and operation of the App. TTF does not offer any additional services in the sense of clause 3.2 or any other services. Any additional services can be claimed via the respective app stores.
4.2 The user may only publish such photos via the App which do not show strangers. The user is obligated to keep the information stored in the member profile and other published information continuously up-to-date and correct in terms of content.
4.3 When creating his own member profile, the user must ensure that the content is presented appropriately. The presentation may only ever be in restrained form, taking into account the requirements of the protection of minors in terms of presentation, form, content and scope. Offensive, suggestive or excessively sexualizing content, such as in particular the publication of photos with visible genitals or nipples, is prohibited.
4.4 TTF is not liable for the correctness and completeness of the information in the member profile, subject to section 9.
5.1 The user is entitled to use the app exclusively for his own private purposes. The commercial use of the app is expressly excluded. Each user is responsible for ensuring that the applicable law is continuously complied with.
5.2 During use, the user is responsible for ensuring that he has a stable and powerful Internet connection. If purchased additional functions cannot be executed or cannot be executed correctly due to poor connectivity, e.g. if a video call is aborted, this shall be the sole responsibility of the user.
5.3 TTF is only a technical service provider. The contents posted by users via the app are only stored by TTF. TTF has no knowledge of the contents; a selection of the contents posted by users or any other control of these contents by TTF does not take place on a random basis. TTF also does not supervise users or give them instructions. Therefore, the contents generated by users are foreign contents for TTF. TTF expressly distances itself from the posted third-party content and does not adopt it as its own by providing the technical app.
5.4 The user himself is responsible for the compliance with the legal regulations regarding the content posted for the user. Each user must observe the applicable law and protect the rights of third parties. In particular, the users are prohibited from.
6.1 The registration of the user as a member is basically free of charge.
6.2 Users can activate additional functions for which a fee is charged via the respective app stores, e.g. subscriptions or virtual goods such as video calls, etc. The details and conditions of these additional services are set out in the respective terms and conditions presented in the App Stores.
6.3 Individual services of TTF provided via the App may be subject to charges in the future. TTF expressly reserves the right to offer services initially offered free of charge in the future for a fee. The user will be informed of this at the latest before the first use of a chargeable service. Before using a chargeable service for the first time, the user has to confirm that he has been informed about the chargeability and the amount of the costs and that he agrees with the chargeable use of the service.
6.4 If a user acquires additional functions such as „expert tips“, he/she shall receive a simple right of use to the content provided, unlimited in time and space, for private use. A resale, commercial or commercial use or publication of the content provided in this way is expressly prohibited.
6.5 Or general information from us in the app, for which the user pays or which is also free, may not be passed on to third parties or published
7.1 The membership runs for an indefinite period of time subject to deviating agreements.
7.2 The user and TTF may terminate the membership at any time without notice.
7.3 The user can terminate the membership by clicking on the button „Delete account“ under the menu item „Settings“. Upon termination of the membership, the user shall also lose any additional features of the virtual goods that may have been acquired for a fee in accordance with section 6.2. Features acquired via a subscription may be restored by the user even after termination of the membership.
7.4 Upon termination, the user's membership profile shall be irretrievably deleted.
7.5 The right to terminate the membership for good cause (§ 314 BGB) remains unaffected. An important reason for TTF is in particular if the user has seriously and culpably violated these terms.
8.1 TTF is entitled to impose one or more sanctions against the user at its reasonable discretion (§ 315 BGB) considering the interests of the user, if the user has violated these terms or any applicable law, if there is an important reason in the sense of section 7.3 of these terms or if TTF has another legitimate interest in the sanction. The severity of the sanctions shall be based on the severity of the user's violation with due regard to the user's legitimate interests.
8.2 A sanction shall remain in place until the sanctioned act has been stopped by the user and any risk of repetition has been eliminated. Sanctions may include in particular: (i) the temporary or permanent deactivation or blocking of individual services or content for the affected user (ii) the deletion of the content posted for the user, as well as (iii) the complete blocking of access to the App including the deletion of the member profile.
8.3 Permanently blocked persons are excluded from future use of the App and may not register again as a member. The right of extraordinary termination for cause by TTF according to section 7.3 remains unaffected as well as the assertion of further claims.
9.1 Our app contains links to external third-party websites over whose content we have no influence. Therefore, we cannot assume any warranty and/or liability for these external contents. Any liability, of whatever nature, for the content of these third-party providers is expressly excluded. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law and will not be carried out. If we become aware of any infringements, we will remove such links immediately.
10.1 Unless otherwise stated in these terms TTF is only liable for intent and gross negligence. This applies accordingly to legal representatives and vicarious agents including subcontractors.
10.2 The availability of the App according to clause 2.3 may be temporarily restricted in whole or in part due to technical failures for which TTF is not responsible or for reasons of force majeure (failure of power supply and/or internet, fire, explosion, earthquake, thunderstorm, pandemics, floods, industrial action for which the user is not responsible), furthermore due to the performance of maintenance work which serves to maintain and improve the operability and functionality of the App. TTF is liable for the consequences of a limited availability exclusively within the scope of an availability promised to the user in the service description and only according to the provisions of clause 10.1.
10.3 The user is exclusively liable for breaches of duty by the user. The user indemnifies TTF from all claims for payment of other users and other third parties which are asserted against the user due to an infringement of rights by the contents posted by the user and/or due to the use of the App by the user. Upon first request, the user shall bear all reasonable costs incurred by TTF resulting from such an infringement. This includes in particular the necessary costs of legal defense. This does not apply if the user is not responsible for the infringement. Other claims of TTF against the user remain unaffected by this.
11.1 The contents posted for the user to open the membership are exclusively accessible to the user himself. TTF obtains knowledge of the user's contents only to the extent that this is necessary and technically unavoidable for the performance of the membership.
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws; Art. 3 EGBGB shall remain unaffected. If the user has his habitual residence in another country within the EU/EEA at the time of the establishment of the membership, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in these terms.
12.2 A transfer of the claims arising from the membership requires the consent of TTF to be effective.
12.3 TTF is entitled to transfer the membership with the user to a third party („transfer of contract“). TTF will inform the user about this in text form at least one calendar month before the date of the contract transfer. If the user declares the termination of his membership including any chargeable services in text form within one calendar month after receipt of this information, the membership ends at the latest at the time of the contract transfer. Otherwise the membership with all rights and obligations will be transferred to the third party as it existed between TTF and the user at the time of the contract transfer.
12.4 The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. TTF is neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
12.5 Verbal side agreements have not been made. Changes and amendments of these terms and Conditions as well as all declarations of the parties related to the membership require text form. This also applies to the cancellation of the formal requirement.