Heartfly

Terms & Conditions

The terms and conditions regulate the contractual relationship between “Heartfly” Jürgen Gunz, Gütlestraße 7A, 6850 Dornbirn, Austria, ATU69323314 (hereinafter referred to as “HEARTFLY”) and the users who use the services of HEARTFLY (hereinafter referred to as “users”). .

By registering on HEARTFLY, e.g. in the mobile apps for iOS and Android smartphones, the user agrees to the following terms and conditions. If the user does not agree to the conditions, registration must be waived.

Conclusion of contract

  1. By filling out the registration form in the HEARTFLY app, the user can register for free. This data is stored in the HEARTFLY database. The user agrees to the terms of third-party providers (e.g. Apple Sign-In, Google-Sign In) and consents to the storage of his data.
  2. HEARTFLY reserves the right to refuse users registration. Reasons can include: deception, doubts about age, spam, suspected abuse/fraud.
  3. The service is free. The user can purchase certain functions for a fee or subscribe to a paid premium subscription.
  4. Each user can only create one user account. Multiple registrations are prohibited.
  5. Use is only permitted to persons who have reached the age of 18.
  6. Sex offenders who are registered in the USA and persons with a previous conviction for sex offenses, are prohibited from using this service.
  7. We do not conduct criminal investigations, but in the event of suspicion, publicly available information may be analyzed to ensure compliance with the Terms of Use.

Services

  1. HEARTFLY operates a platform or app for the LGBTQ+ community. Users can use this app to get to know each other, chat and make partnerships or friendships. The app is available for iOS and Android. Only registered users can use the platform. HEARTFLY allows its users to upload, store, process, forward and share content with other users.
  2. HEARTFLY is not obliged to forward messages that violate our guidelines.
  3. HEARTFLY can change the functions of the app or platform at any time.
  4. The service is generally available 24/7. Occasional downtime may occur due to maintenance work and software updates.

Subscriptions

  1. The user can purchase a paid subscription, which is automatically extended depending on the selected term, unless the user cancels it in time.
  2. The subscription can only be used for one user. However, the user can transfer the subscription to another user account. The user and HEARTFLY can cancel the subscription 24 hours before the subscription expires.
  3. The user account remains unaffected by the cancellation. The user can continue to use this without the additional functions.
  4. The cancellation must be made either in the Apple App Store or in the Google Play Store, since HEARTFLY is technically restricted when it comes to processing chargebacks or cancellations.

Deletion

  1. The user can delete the user account in the app at any time.
  2. HEARTFLY can terminate a user account with a notice period of 2 weeks in text or written form.
  3. If the user violates the guidelines, the deletion can also take place without notice.

Obligations of the user

  1. The user may use a pseudonym. All other information must be true.
  2. The user ensures that he can be reached at the specified e-mail address.
  3. The user commits to only use his own data and not to imitate that of another person.
  4. HEARTFLY can check the correctness of the information or have it checked in order to determine the identity of the user.
  5. HEARTFLY can ask the user to prove his identity by means of verification.
  6. The user undertakes to behave in accordance with the community guidelines. Content that is racist, harassing, abusive, sexual, glorifies violence, or that violates the law is prohibited. HEARTLFY is entitled to block users and terminate the contractual relationship.
  7. The user is liable and solely responsible for his behavior and the shared content on the platform.
  8. The user must ensure that he owns all rights of use to the images that he uploads to the platform.
  9. The user grants HEARTFLY an unlimited right of use to all content that he uploads to the Platform shares. The right is limited to two years after the end of the contract. The right of use includes the right to commercial and non-commercial use of the content.
  10. The user will not send any private messages that are racist, insulting, discriminatory, harassing, defamatory, sexual, pornographic, glorify violence or otherwise illegal.
  11. HEARTFLY cannot check all information provided by other users. Even if a user is marked as verified, this does not mean that HEARTFLY has checked all of this person’s information or that it is correct. The user is responsible for checking the information provided by another user before interacting with them in the form of a chat, a meeting outside of the HEARTFLY platform or in any other way.
  12. The user is not allowed to use his user account for sending spam messages or advertisments.
  13. The user accepts our Privacy Policy, by accepting these Terms and Conditions.

Violation of Terms of Service

  1. HEARTFLY can irrevocably delete the user account or its content and, if necessary, report it to law enforcement authorities if these terms of use or community guidelines are violated. There is no right to recovery.
  2. The consequences of a violation can be:
    1. Warning
    2. Blocking of individual functions
    3. Permanent blocking of the user account
    4. Cancellation of the user account
    5. Prohibition of renewed registration
  3. If HEARTFLY cancels the user account for a reason for which the user is responsible, the user has to replace the damage incurred.

Liability

  1. HEARTFLY is only liable – regardless of the legal reason – if the damage was caused by a culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract or is due to gross negligence or intent on the part of HEARTFLY is due.
  2. If HEARTFLY is liable in accordance with the previous paragraph for the breach of an essential contractual obligation without gross negligence or intent, liability is limited to the extent of damage that HEARTFLY incurred at the time the contract was concluded due to the circumstances known at that time typically had to calculate. This applies equally to damage caused by gross negligence or intent by employees of HEARTFLY’s representatives who do not belong to HEARTFLY’s managing directors or executives.
  3. Liability for consequential damage, in particular for lost profit or compensation for damages by third parties is excluded, unless HEARTFLY is guilty of intent or gross negligence.
  4. Claims for damages under the Product Liability Act and for damages resulting from injury to life, limb or health remain unaffected by the above limitations of liability.
  5. HEARTFLY is only liable for the loss of data and programs and their restoration to the extent that this loss could not have been avoided by taking appropriate precautionary measures, in particular the daily creation of backup copies of all data and programs would.
  6. HEARTFLY is not liable for the content of other users.

Modification of services

  1. HEARTFLY can change the services of the platform at any time if these are objectively justified or necessary for legal or security reasons; to improve existing functions or to add new functions or to ensure the functionality of the platform.

Dispute Resolution

  1. The EU Commission provides a platform for online dispute resolution (OS platform). This can be found here: https://www.ec.europa.eu/consumers/odr. HEARTFLY is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Final Provisions

  1. The contractual agreements of the contractual partners are subject to the law of the Republic of Austria. Should individual provisions of this contract be ineffective, unenforceable or become ineffective after the conclusion of the contract, the effectiveness of the contract remains unaffected.
  2. In the event of discrepancies between different language versions, the German language is decisive.