Terms of Service
Welcome to MatchFamilies!
The MatchFamilies Application (“the App”) is an app for families, where they can get useful tips, socialize, connect with other families to make friends, form a useful community of families nearby.
The App is developed and operated by MatchFamilies Inc., a Delaware C corp, having its registered office located at: 228 Park Ave S, Pmb 85451, New York, NY, 10003, United States of America and MatchFamilies UG (haftungsbeschränkt), a German limited liability company registered in the Commercial Register of the Local Court of Krefeld under HRB 17916 and having its registered office located at: Am Fischerhof, 1, 47807, Krefeld, Germany (“MatchFamilies UG”)
I. ACCEPTANCE OF THE PRESENT TERMS OF SERVICE
II. CREATING YOUR USER AND FAMILY PROFILE
If you are under age 18, you are not permitted to use the App. You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, MatchFamilies Inc./UG shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register on the App or use the Service.
To create a user and family profile and have access to the App, you have to provide us with personal information. You also have to upload a profile picture/-s that represent you and your family. Those personal data need to be provided to access the App and its functionalities. While creating user and family profiles, you have to provide us with correct information and do not create an account without your own identity. In the event that your access to the App has been suspended, interrupted, blocked or removed by MatchFamilies Inc./UG, you are not allowed to create a new user profile.
MatchFamilies Inc./UG reserves the right to refuse to allow the registration of users on objective grounds. More specifically, such grounds are as follows: Infringement of the Terms of Service, fraud prevention measures, doubts regarding identify, suspicion of spam, doubts regarding age, deception. MatchFamilies UG may make registration subject to further steps, such as an identification process or spam prevention steps.
Use of the App is not permitted for sex offenders. These are persons who are registered as a “Sex Offender” in the USA or have previously been convicted for sexual offenses (Sections 174 to 180 or Section 182 of the German Penal Code (StGB) or Sections 180 a, 181 a, 183 to 184 g of the German Penal Code) or pursuant to relevant offenses (Sections 171, 225, 232 bis 233 a, 234, 235 or 236 of the German Penal Code) or their respective regional equivalents for the protection of children and young people.
We do not carry out any criminal background checks, however, in the event of reasonable suspicion, publicly available information is analyzed to ensure that our Terms of Service are not being infringed.
III. PERSONAL DATA
IV. INTELLECTUAL PROPERTY
MatchFamilies Inc./UG is the exclusive owner of all rights relating to the MatchFamilies App. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to MatchFamilies Inc./UG.
V. PAID SERVICES
Downloading the App as well as the creation of your user/family profile and the access to the standard features of the App is free (e.g. search for families nearby using filters, explore suggested family profiles, chat with matching families, see who liked your family profile). To enrich your experience, you can nevertheless access Extended Access features of the App, e.g. searching for matching families in other countries and cities, use “undo” button if you swiped incorrectly. To access the Extended Access features/Paid Service you need to purchase the App (one-off fee; the App does not have any subscription options). The characteristics of the Paid Service and its price are specified in the App.
Once purchased, the Paid Service does not give the right to any refund, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have it available immediately and waive your right of withdrawal regarding this purchase.
VI. OBLIGATIONS OF THE USER OF THE SERVICE
As a user, you may use a pseudonym on the App to create your family profile (e.g. “bike-riders” or “grill-lovers” etc.). If you decide to include information (e.g. your purpose of using the App) in your user account, this must be truthful and accurately describe you and your family. In particular, information is inaccurate or untrue where you or your family cannot be identified in the included information or it shows a person/-s other than you and your family (e.g. pictures of celebrities, random pictures etc.).
As a user, you should ensure that you can be reached via the e-mail address specified at the time of registration. The users will keep the email address saved on the App and handle communication with MatchFamilies Inc./UG via this email address.
MatchFamilies may have the accuracy of the information stated by you reviewed in order to verify your identity and ensure the functionality of the App. At the request of MatchFamilies, you should prove your identity or verify yourself. In the event of refection or non-verification, MatchFamilies is authorized to carry out extraordinary termination without notice.
You should not send any private messages that are racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorify violence or are otherwise unlawful. You may not use your user account to send messages containing malware or phishing, spam or junk messages.
If you want to report a family profile, click on the “Report User” button on bottom of the family profile card.
The MatchFamilies App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your smartphone and access to the App secure. We therefore recommend that you do not jailbreak or root your smartphone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your smartphone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the MatchFamilies App won’t work properly or at all.
We try hard to keep our App a safe place for all users. But we can't guarantee it. That's where you come in. By using the App, you agree that:
- You will not use the App for any purpose that is illegal or prohibited in these Terms of Service.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the App or extract other user's information.
- You will not use or develop any third-party applications that interact with the App or other users' content or information without our written consent.
- You will not use the App in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App.
- You will not use or attempt to use another user's account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post objectionable content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the App.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the App that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our App or any system or network.
- You will not encourage or promote any activity that violates these Terms of Service.
MatchFamilies Inc./UG has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting the App’s users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. If we feel that your behavior towards any of our users is at any time threatening or offensive, we reserve the right to immediately terminate your account.
We also care about your safety while using our App. So do not use our App in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.
VIII. LIMITATION OF LIABILITY
We make every effort to ensure the App made available to you is secure and free from errors. However, you use it at your own risk. Furthermore, we give no guarantee as to the absence of errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the App, in particular as a result of events on the internet.
MatchFamilies Inc./UG cannot be held liable in case of disturbance, malfunction, or reduced access to the App resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or your device. Furthermore, MatchFamilies Inc./UG cannot be held liable for any event attributable to a case of force majeure.
Access to and use of the App may be temporarily interrupted due to maintenance or technical updates.
MatchFamilies Inc./UG accepts no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the App, its content and/or the illicit use by a third-party of your data or other rights.
Any violation of these Terms of Service or any use which may present a risk (legal, technical or other) may result in the deletion of your user and family profiles which is the origin thereof. In the case of any dispute, MatchFamilies Inc./UG is free to decide to block or deactivate your user and family profile and thereby your access to the App, and this at the sole discretion of, and without prior notice by MatchFamilies Inc./UG. You are free to terminate your relationship with MatchFamilies Inc./UG relating to the MatchFamilies App. You simply need to delete your user/family profile.
When you are using the App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. MatchFamilies Inc./UG accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of the App.
The App is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. MatchFamilies Inc./UG does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
MatchFamilies Inc./UG is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its Services without making it very clear to you exactly what you’re paying for and without your consent and confirmation.
IX. THIRD PARTY SERVICES
The App does use third party services that declare their own Terms and Conditions.
Links to Terms and Conditions of third party service providers used by the App could be found here:
X. APPLICABLE LAW
The contractual agreements between the contracting parties are governed by the law of the Federal Republic of Germany.
XI. CHANGES TO THESE TERMS OF SERVICE
We may update our Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page.
These Terms of Service are effective as of 29th of September 2020
XII. CONTACT US
If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us at firstname.lastname@example.org
Or per post: Am Fischerhof, 1, 47807, Krefeld, Germany. MatchFamilies UG.
228 Park Ave S, Pmb 85451, New York, NY, 10003, United States of America, MatchFamilies Inc.