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Terms of Use

§ 1 General information, definitions

1. 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.

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

3. Visitors are all app users who access the service. Members and partners are visitors 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 are visitors, partners and members.

4. 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

1. The Provider provides its registered members 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 Membership" or "LYNQ Pro Member" / "LYNQ Pro Membership").

Advertisers or special paid memberships for events such as concerts, trade fairs, etc. are also generally paid memberships and belong to the "Premium Membership".

2. Details of the premium membership fees can be found in the LYNQ app in the "Memberships" section.

3. further products and services (e.g. so-called "LYNQ" requests) can be purchased in the app for a fee.

4. 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 member; in the case of chargeable services, a corresponding credit note will be issued.

§ 3 Conditions for participation, conclusion of contract

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

2. When registering for the service, the member undertakes to provide only truthful information about himself/herself and to keep his/her data up to date at all times.

3. The contract between the provider and the member for the use of the service is concluded upon registration by the member. The contract for the use of chargeable services is concluded when the member places an order.

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

§ 4 Costs of the services

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

2. 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.

3. Payments can be made through in-app purchases or the Appstore: In addition, 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 Member authorizes the Provider to debit the payments to be made by the Member from an account or credit card to be designated by the Member. The member is obliged to inform his bank of the direct debit authorization and to ensure that the account has sufficient funds. The costs of a chargeback for which the member is responsible plus a further processing fee of €5 shall be borne by the member.

§ 5 Cancellation policy

In the event that a user and member 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 fulfillment 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: info[a.t.]lynq.me

Consequences of revocation
In 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 himself.

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

1. 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.).

2. The content published by the member is the member's own content. If the member uploads his/her own photos, music files, etc. to the service, he/she is responsible for having all the necessary rights to do so.

3. The provider merely provides the system and possibly storage space. The responsibility for all content that is transmitted and published by members via the provider's service lies exclusively with the offering member. The provider is not obliged to check the internet presences, names or similar of the members for possible legal violations.

4. If the provider determines that a certain content violates applicable law, the provider is entitled to interrupt or delete the content in question and to block the member 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 member, in particular via the Appstore.

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.

5. The Member shall indemnify the Provider against claims for compensation by third parties and all expenses arising from a breach by the Member of the General Terms and Conditions or the Terms of Use.

6. The member transfers to the provider a right of use, unlimited in time and place, to the content made publicly accessible or stored by the respective member on the service. The member guarantees that no third-party rights are infringed by this content.

7. Through certain actions (e.g. inviting friends), users can enjoy benefits (such as a certain number of free LYNQ queries) 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

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

2. 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 Appstore. If the paid membership is not terminated within this period, the contract shall be extended by the same contract period originally selected by the member.

3. The contract may be terminated by the provider without notice if the member 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

1. 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 our legal representatives or vicarious agents.

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

2. The above limitations of liability do not apply to claims of the customer 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 customer.

§ 9 Data protection

1. 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.

2. The customer expressly consents to the collection, processing and use of personal data. He has the right to revoke his consent at any time with effect for the future.

3. Our data protection provisions apply in all other respects.

§ 10 Amendments to these terms of use

1. 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 customer.

2. Amendments to these terms of use shall be published in the Service. The member 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 customer objects to the respective changes within 14 days of receipt of the written notification of change.

§ 11 Final provisions

1. 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.

2. If the customer 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 our registered office or Düsseldorf. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

Status 4/2024

© RA Michael Terhaag, law firm Terhaag & Partner Rechtsanwälte - www.aufrecht.de for LYNQ. All rights reserved.

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