Terms of Use

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§ 1 General information, definitions

LYNQ offers a geotracking-based social media app (application software) with an associated database, hereinafter referred to as the “Service.” The Service enables its Users to get in touch with other Users in the area for private or business purposes via mobile app. A basic version of the app can be used free of charge. Certain additional services require a paid membership.

The provider of the Service is LYNQ GmbH & Co. KG, Josephinenstr. 17, 40212 Düsseldorf (hereinafter referred to as the “Provider” or “LYNQ”).

Visitors are all app Users who access the Service. Partners are Users who have concluded a contract with the Provider for the use of the Service. Partners may in particular also be companies and tradespeople who also use the Service for advertising purposes and to present their company. “Users” refers to all Visitors and Partners.
These Terms and Conditions apply to all current business relationships. They apply to all services within the scope of the Service.

§ 2 Scope of services

The Provider provides its registered Users with the linking, display, and search of new and existing contacts in list and/or map view with real-time position. There are essentially two types of use available: a) A closed, free forum and database (hereinafter referred to as “Free Membership”) and b) A closed, paid communication and geo-based forum with features that go beyond the basic version, such as contacting other Users or creating groups (so-called “Circles”) etc. (hereinafter “Premium Membership,” so-called “LYNQ Member”, “LYNQ Prime Member”, „LYNQ Ambassador“)

Advertisers or special paid memberships for events such as concerts, trade fairs, etc. are also generally Premium Memberships.

Details of the Premium Membership fees can be found in the LYNQ app in the “Memberships” section.
Further products and services (e.g. so-called “LYNQ requests”) can be purchased in the app for a fee.
Constant availability of these services cannot be guaranteed. The Provider is entitled to change, interrupt, or completely discontinue services permanently or temporarily without prior notice to the User; in the case of chargeable services, a corresponding credit note will be issued.

The Provider may at any time add, modify, or remove features of any membership without prior notice. Such changes do not entitle the User to any refund, partial or full.

§ 3 Conditions for participation, conclusion of contract

The use of the Service is only permitted to persons aged 16 and over. At the request of the Provider, the User shall send sufficient proof of age to the Provider (e.g. copy of ID).

When registering for the Service, the User undertakes to provide only truthful information about themselves and to keep their data up to date at all times.

The contract between the Provider and the User for the use of the Service is concluded when the User begins the registration process and accepts these Terms. The contract for the use of chargeable services is concluded when the User places an order.

The selected term of membership shall commence upon activation by the Provider.

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§ 4 Costs of the services

Registration by the User is free of charge. The operation of a basic module is also free of charge.

Further services are subject to a charge. The prices are based on a separate price list. All prices include statutory VAT. All payments must be made in advance.

Payments can be made through in-app purchases or the Appstore; in future these can also be made via the website by prepayment, direct debit, PayPal, or by credit card. Normally, however, billing takes place via the App Store. The User authorizes the Provider to debit the payments to be made by the User from an account or credit card to be designated by the User. The User is obliged to inform their bank of the direct debit authorization and to ensure that the account has sufficient funds. The costs of a chargeback for which the User is responsible plus a further processing fee of €5 shall be borne by the User.

§ 5 Cancellation policy

In the event that a User as a consumer concludes a fee-based part of a contract using exclusively means of distance communication, they may revoke this contractual declaration in text form (e.g. letter, e-mail) within two weeks without stating reasons.

The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

LYNQ GmbH & Co. KG
Josephinenstr. 17
40212 Düsseldorf
Germany
Email: support[a.t.]lynq.me

Consequences of revocation

IIn the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered.

If the User is unable to return or surrender the service received and benefits (e.g. benefits of use), or is only able to return or surrender them in part or in a deteriorated condition, compensation must be paid in this respect. This may mean that the contractual payment obligations for the period up to the revocation must nevertheless be fulfilled.

Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the revocation declaration, for the Provider with its receipt.
The right of revocation and return expires if the Provider has begun to perform the service with the express consent of the consumer before the end of the revocation period or if the consumer has initiated this themself.

Exceptions to the right to object

Some products and services may require the User to waive their right to object in order to be able to start using them immediately (e.g. consumption/use of purchased LYNQ requests). In such cases, we will proactively inform the User and ask for the waiver. The User must then explicitly confirm that they waive their right to object.

§ 6 Rights and obligations of users

The User is prohibited from distributing, providing, or making accessible any kind of pornography via the Service (§ 184 StGB) or otherwise violating laws or the rights of third parties (trademarks, name rights, copyrights, data protection rights, personal rights, etc.).

The content published by the User is the User’s own content. If the User uploads their own photos, music files, etc. to the Service, they are responsible for having all the necessary rights to do so. The Provider merely provides the system and possibly storage space. The responsibility for all content that is transmitted and published by Users via the Provider’s Service lies exclusively with the offering User. The Provider is not obliged to check the internet presences, names, or similar of the Users for possible legal violations.

If the Provider determines that certain content violates applicable law, the Provider is entitled to interrupt or delete the content in question and to block the User concerned without prior notice. However, this does not constitute grounds for a refund of the membership fee, and any subscription must be terminated separately by the User, in particular via the App Store.

The Provider shall provide an effective and transparent system for handling complaints about illegal content such as hate speech, false news, or other criminal publications. It must remove or block such content within 24 hours of receiving the complaint if the illegality is obvious. For more complex cases, the deadline is extended to seven days. In any case, the Provider reserves the right to provide a complaints management system in an efficient and speedy manner.

The Provider will inform Users about the decisions they have made with regard to their complaints. This includes information on whether and why certain content was removed or restored.
The User shall indemnify the Provider against claims for compensation by third parties and all expenses arising from a breach by the User of the General Terms and Conditions or the Terms of Use.
The User transfers to the Provider a right of use, unlimited in time and place, to the content made publicly accessible or stored by the respective User on the Service. The User guarantees that no third-party rights are infringed by this content.

Through certain actions (e.g. inviting friends), Users can enjoy benefits (such as a certain number of free LYNQ queries, free memberships, or membership extensions) that might otherwise be subject to a charge. All benefits are granted completely voluntarily. There is no entitlement to any benefits. None of the benefits granted can be paid out or passed on in any way.

§ 7 Termination of contract, notice periods

The free membership can be terminated at any time. Cancellation must be made in writing or by deleting the User’s profile in the member area.

Paid membership can be terminated online by either party. Written notice of termination must be given within 7 days of the end of the contract. In any case, a membership must be terminated separately via the App Store. If the paid membership is not terminated within this period, the contract shall be extended by the same contract period originally selected by the User.

The contract may be terminated by the Provider without notice if the User provides false information when registering and/or subsequently changes their data, violates the General Terms and Conditions or the Terms of Use, or for any other good cause. Amounts already paid will not be refunded in the event of extraordinary termination.

§ 8 Liability

In the event of slightly negligent breaches of duty, the liability of the Provider shall be limited to the foreseeable, contract-typical, direct average damage according to the type of contract. This also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents.

The Provider shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

The above limitations of liability do not apply to claims of the User arising from product liability. Furthermore, the limitations of liability do not apply in the case of warranted characteristics and physical injury and damage to health attributable to the Provider or in the case of loss of life of the User.

§ 9 Data protection

The data required for business transactions are processed and stored by means of an EDP system. Personal data will of course be treated confidentially and used exclusively for the stated purpose. The User expressly consents to the collection, processing, and use of personal data.

The User has the right to revoke their consent at any time with effect for the future.

Our data protection provisions apply in all other respects.

§ 10 Reporting and Moderation of Suspicious Content

Users can report suspicious or inappropriate content directly within the app.
All reports are reviewed and moderated by our team to ensure compliance with our community standards and applicable laws.

We have a zero-tolerance policy toward content that depicts or promotes the sexual abuse or exploitation of children, including sexualised depictions of minors — even if fictional or artistic in nature. Such content will be removed immediately and reported to the relevant authorities, including the National Center for Missing & Exploited Children (NCMEC) where applicable.

In addition, we reserve the right to remove any content involving or promoting suicide or self-harm, harassment or bullying, illegal drugs, nudity, hate speech or hate symbols, spam, fraud, cam-related activities, mobbing, violence or dangerous organisations, or other unlawful or harmful behaviour.

Users who post or share such content will be permanently banned from the platform, regardless of any active subscription, and any paid subscription fees will not be refunded.

§ 11 Amendments to these terms of use

The Provider has the right to change the provisions regarding the service to be provided at its reasonable discretion, taking into account the technical requirements and market conditions, insofar as this is reasonable for the User.

Amendments to these terms of use shall be published in the Service. The User shall be informed in text form of any changes to the terms of use that do not fall under § 10 paragraph 1. The changes shall become effective unless the User objects to the respective changes within 14 days of receipt of the written notification of change.

§ 12 Final provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider’s registered office or Düsseldorf. The same shall apply if the User does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is filed.

Status 11/2024