Coffee Chat Terms and Conditions
Imprint
Coffee Chat
Operated by Leonard Witteler
Kommandantenstraße 77
10117 Berlin, Germany
support@coffeechat.app
1. Acceptance of Terms of Use Agreement
By creating a Coffee Chat account (e.g. by clicking Continue on the How it works screen in the Coffee Chat app), whether by using through a mobile device, mobile application or computer (collectively, the “Service”), you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
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 Settings and also on coffeechat.app, 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.
2. Termination
Coffee Chat 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 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 at any time, for any reason, by following the instructions in “Settings” in the app. Coffee Chat may terminate your account at any time without notice, e.g. if it believes that you have violated this Agreement.
3. Eligibility
You must be at least 13 years of age to create an account on Coffee Chat and use the Service. By creating an account and using the Service, you represent and warrant that:
• you can form a binding contract with Coffee Chat,
• you are not a person who is barred from using the Service under the laws of the Federal Republic of Germany or any other applicable jurisdiction,
• 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.
4. Your Account
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Coffee Chat, 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 support@coffeechat.app.
5. General
Coffee Chat is a service with the mission to help improve its users’ lives by the means of communication and introduction of individual users to each other, both in groups and one-on-one.
To accomplish this, Coffee Chat makes use of the data it has gathered about its users. You agree that, to the extent allowed by applicable law, Coffee Chat may collect data about you, namely through text-based and voice-based conversation and also, if you provide consent to that, through a technology the Service calls Conversation AI, that analyzes and matches based on your voice and text-based conversations with other peers and in groups.
Consent to use Conversation AI is provided by enabling a switch in Settings and during Signup.
You agree that Coffee Chat representatives may solicit non-users on your behalf to sign up to the Service to be introduced to you as a chat partner. You agree that such an approach happens with your consent once an applicable chat topic has been found within the operator chat in the app. You grant Coffee Chat permission to represent you for such purpose in the communication with non-users.
6. Interaction with other users
Though Coffee Chat strives to encourage a respectful user experience, 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. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COFFEE CHAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. COFFEE CHAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. COFFEE CHAT RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE COFFEE CHAT MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AS TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Rights Coffee Chat grants you
Coffee Chat 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 Coffee Chat and permitted by this Agreement. Therefore, you agree not to:
• 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 Coffee Chat’s prior written consent.
• express or imply that any statements you make are endorsed by Coffee Chat.
• 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.
• 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 Coffee Chat’s prior written authorization.
• use meta tags or code or other devices containing any reference to Coffee Chat or the Service (or any trademark, trade name, service mark, logo or slogan of Coffee Chat) 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 Coffee Chat 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, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
8. Rights you grant Coffee Chat
By creating an account, you grant to Coffee Chat 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, 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”). Coffee Chat’s license to your Content shall be non-exclusive, except that Coffee Chat’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Coffee Chat would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Coffee Chat can prevent the use of your Content outside of the Service, you authorize Coffee Chat 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 Coffee Chat users).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Coffee Chat 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 Coffee Chat 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 Coffee Chat regarding our Services, you agree that Coffee Chat may use and share such feedback for any purpose without compensating you.
You agree that Coffee Chat may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this 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.
9. 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 Coffee Chat
• 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,” intimidate, 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.
• create another account if we have already terminated your account, unless you have our permission.
Coffee Chat reserves the right to investigate and/ or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Coffee Chat regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
10. Other users’ content
Although Coffee Chat 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 Coffee Chat 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 or via support@coffeechat.app.
11. Disclaimers
COFFEE CHAT 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. COFFEE CHAT 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.
COFFEE CHAT 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.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COFFEE CHAT, 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 COFFEE CHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COFFEE CHAT’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COFFEE CHAT 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.
13. Severability Clause
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
14. Applicable Law, Place of Jurisdiction
The laws of the Federal Republic of Germany will apply to any disputes arising out of or relating to this Agreement or the Service.
15. Venue
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in the bundesland of Berlin, Germany, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Coffee Chat will be litigated exclusively in the federal or state courts of the Berlin and the Federal Republic of Germany. You and Coffee Chat consent to the exercise of personal jurisdiction of courts in the Federal Republic of Germany and waive any claim that such courts constitute an inconvenient forum.
