Article 1. Definitions
For these general terms and conditions, the following definitions apply:
- App: (mobile) application through which access can be obtained to (a part of) the Service, available in the Apple App Store and Google Play Store;
- Inviteout(we-form): *we are the legal entity that offers products and/or services (remotely) to consumers.
- Counterparty (you-form): that's you! We may (potentially) enter into an Agreement together;
- Consumer (you-form): you are considered a Consumer when you act on your own behalf, and not on behalf of a profession or business;
- User (you-form): when you, as a Consumer, make use of Inviteout's Services;
- Agreement: all agreements we make together (remotely) regarding the provision of our Services to you;
- Party(ies): Consumer and Inviteout together or individually;
- Written: communication via email;
- Third Party/Parties: other parties that are not part of this Agreement;
- Service(s): the (access to) digital content and/or services offered by Inviteout to you as a User - possibly offered remotely through an organized system - including, but not limited to:
- Access to the App and/or website and the digital information provided thereby;
- Facilitating the arrangement of a Date between Users;
- Date: a planned offline meeting between two Users who have met each other through our Service, with the purpose of getting to know each other better. A Date can range from an informal meeting, such coffee, to a more formal meeting, such as a dinner;
- Date Location: the physical location, such as a restaurant, bar, café, or other public venue, where the Date between two User matches will take place. The Date Location is selected by the Users based on the preferences and availability of both Users and is communicated to them through the App;
- Account: the (personal) information provided and generated by the User, used for their profile, App preferences, selection of potential matches, and organizing Dates.
Article 2. General provisions
- These general terms and conditions apply to every offer and all (legal) actions of Inviteout and to every Agreement between Inviteout and you.
- If a (digital) Agreement is concluded, we will ensure that you can read the general terms and conditions in advance. They are available on the website, referred to in the App, but can also be sent by email upon request.
- Unless we have expressly agreed otherwise in Writing in our Agreement, no other general terms and conditions apply. Any other general terms and conditions are therefore not applicable.
- Only if we have expressly and mutually agreed in Writing, may deviations or additions to these general terms and conditions apply. In case of any conflict between these documents, the general terms and conditions prevail.
- For Users, the Terms of Use apply as a supplement to these general terms and conditions.
- The provisions of these general terms and conditions always apply, even if we have not explicitly requested or strictly enforced them in the past. Any exceptions allowed by us do not waive our right to enforce these general terms and conditions.
- If we are unable to enforce a provision or multiple provisions of these general terms and conditions, for example, because a court determines them to be , that provision will not apply. However, we agree to enter into discussions to establish a new provision that reflects the idea and content of the original provision as closely as possible, so that we can rely on it.
- We always strive to fulfill the Agreement completely. However, sometimes the result (or part thereof) may be disappointing. Therefore, this Agreement represents an obligation of effort and not an obligation of result. This means that we promise to make every effort, but do not make (specific) promises about the result.
- For the performance of the Agreement, we may ask Third Parties for assistance.
Article 3. The offer
- Sometimes the validity of our Services' offers is limited, such as with special promotions or when prices can fluctuate significantly. Additionally, our offer may be subject to certain conditions. If our offer has a specific duration or is subject to specific conditions, it will always be clearly stated in our offer. We reserve the right to adjust the prices of our Services at any time, but the price increase does not apply to Services already purchased.
- We strive to describe our Services as accurately as possible so that you know what you are purchasing. If an obvious mistake or error occurs, such as in the amount, we are not obliged to adhere to that erroneous price.
- To the extent that no standards or regulations have been agreed upon, we will deliver in accordance with what you can reasonably expect from us.
Article 4. The Agreement
- If you accept our offer and meet any requirements we may have (for Users, refer to Terms of Use), an Agreement is established between us.
- If a provision of these general terms and conditions or the Agreement is not (or no longer) valid, it does not mean that the general terms and conditions as a whole no longer apply. Only that specific provision becomes invalid. In such a case, we will enter into discussions to create a new provision that replaces the invalid one, while endeavoring to align with the purpose of the invalid provision.
- If we have reasonable grounds to doubt your ability to fulfill your obligations under the Agreement, such as payment, we have the right not to fulfill our obligations and not to commence its execution. If we make this decision, we will inform you in Writing.
- These general terms and conditions also apply to any future, additional, or follow-up orders/agreements resulting from this Agreement.
Article 5. Termination of the Agreement
- We reserve the right to terminate the Agreement with a User and/or delete a User's Account in the following cases:
- If we receive complaints about the User's Account or behavior;
- If the User acts in violation of the Terms of Use and/or general terms and conditions of Inviteout;
- In other cases where we reasonably deem termination of the Agreement or deletion of the Account necessary to protect the interests of Inviteout, other Users, or Third Parties.
- We will notify the User of the termination of the Agreement and/or deletion of the profile, providing reasons. The User has the right to object to the termination or deletion within 7 (seven) days of receiving the notice. We will consider the objection, and if justified, we may decide to reverse the termination or deletion.
- In case of termination of the Agreement or deletion of a User's Account, we are not liable for any damages, direct or indirect, arising from or related to the termination or deletion.
- We reserve the right to determine, at our sole discretion, whether an action or omission by a User violates the Terms of Use and/or general terms and conditions.
Article 6. Prices
- Unless otherwise agreed, all amounts stated by us include value-added tax or any other government-imposed taxes but exclude any transport and packaging costs.
- If we have provided a composite quotation, and you only wish to use a part of the offer, we are not obliged to fulfill a part of our Agreement for a proportionate part of the corresponding amount.
- Discounts and quoted amounts do not automatically apply to our future Agreements.
Article 7. Purchases and payments
- If you want to purchase a Service, we may require certain information from you in order to perform/deliver that Service.
- Failure to provide this information or providing it late may result in us being unable to perform the Service and/or may have consequences for the execution of the Service.
- We are not liable for damages related to or arising from the failure or untimely provision of the required information.
- Payments for Dates are made by using Date Credits. For other paid Service(s), direct payment is the default payment method.
- We reserve the right to decide to use any Third Party payment provider(s) in the future.
Article 8. Date Tokens
- Date Credits are prepaid. A User can purchase a Date Cretid by making a payment for it. Upon payment, the User will receive the Date Credit that can directly be used to pay for a Date. Any unused Date Credits will become visible in the User’s wallet within the App.
- When a User purchases a Date Credit, it is refundable for 14 (fourteen) days unless the User cancels or reschedules a paid Date on their own.
- If the 14 (fourteen) days after purchasing the Date Credit have passed, or if the User has canceled or rescheduled the Date themselves, the Date Credit is non-refundable. In these cases, the User retains their Date Credit and can use it for another Date.
- A Date Credit package is refundable for 14 (fourteen) days after purchase as long as the package remains complete.
- If a Date Credit (or package) is refunded, the purchase amount can only be credited back to the bank account the User used for payment. The respective Date Credit (or package) is then removed from the User's wallet in the App.
Article 9. Right of Withdrawal
- As a Consumer, you have the right to withdraw from a distance Agreement (i.e., an agreement concluded outside a sales area, such as an online purchase) without giving any reason and terminate it within 14 (fourteen) days.
- This period of 14 (fourteen) days (also referred to as the cooling-off period) starts on the day we enter into an Agreement.
- In the case of a (package of) Date(s), the immediate execution of the Service commences upon payment (with (a) Date Credit(s)) for the (first) Date - if the date can be scheduled or has already been scheduled before the payment - which means you can no longer invoke your right of withdrawal;
- In the case of a single Date that has not been confirmed by the other party, which is only the case when requesting the reactivation of a canceled match, the execution of the Service takes place only after acceptance of the reactivation by the other party, and you can no longer invoke your right of withdrawal after the acceptance by the other party.
- You exercise your right of withdrawal by using an electronic model withdrawal form
- If we do not provide you with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period is not 14 (fourteen) days but extended by an additional 12 (twelve) months;
- If we provide the information referred to in clause 1 within 12 (twelve) months from the start date of the cooling-off period, from the day you receive this information from us, a new cooling-off period of 30 (thirty) days applies.
- If you exercise your right of withdrawal by notifying us via email, we will send you an acknowledgment of receipt of this notification and reimburse all costs, at least within 14 (fourteen) days.
- If you exercise your right of withdrawal, we have the right to automatically terminate any additional Agreements.
Article 10. Liability
- We are not liable for events that occur during activities related to or arising from our Services.
- Specifically, we are not responsible for events during Dates, and as a User, you are responsible for ensuring a smooth continuation of Date. Dates are undertaken at your own risk and responsibility. We cannot control what happens during the Date.
- In the event that you feel unsafe or need assistance during a Date at a Date Location, you can contact the venue staff.
- We are not liable for any damages that may arise from (improper) use of the App.
- As a User, you are responsible for using the App correctly, following the guidelines, and respecting the general terms and conditions. We are not liable for damages resulting from non-compliance with these conditions, sharing personal information with other Users, or unauthorized use of the App.
- If a User or Third Party files a claim against Inviteout, and Inviteout is not notified of the claim within a period of 7 (seven) days from its occurrence, the User or Third Party forfeits the right to hold Inviteout liable for any damages resulting from or related to the claim.
- Inviteout is not liable for claims from Third Parties arising from or related to the use of our Services by Users. As a User, you indemnify Inviteout against any claims, damages, costs, and expenses (including reasonable legal fees) arising from claims by Third Parties arising from or related to your use of our Services, your breach of the general terms and conditions, or your violation of applicable laws or regulations.
Article 11. Force Majeure
- Sometimes events occur that are beyond our control. This can include, but is not limited to:
- Failures by suppliers or other Third Parties;
- (Power) outages;
- Computer viruses;
- Extreme weather conditions;
- Fire (hazard);
- (Impending) war;
- Pandemics;
- Epidemics;
- Quarantines;
- Illness-related absences;
- Strikes;
- Incapacity to work;
- Government measures;
- Hindrance of the person with whom you would have an offline meeting due to, for example, a car accident. In such cases, we would like to deliver or perform, but due to an external cause beyond our control and against our will, we are unable to do so. In such cases, the law recognizes that you cannot reasonably expect us to fulfill our obligations. Costs incurred for travelling to a location in the event of hindrance by the person with whom you would have a Date will not be reimbursed.
- If a force majeure situation arises that prevents us from fulfilling our obligations, we may suspend these obligations until it becomes possible again. If this force majeure situation lasts for 30 (thirty) calendar days, both parties have the right to terminate the Agreement, in whole or in part, by providing written notice. Unfortunately, in the case of force majeure, it is not possible to claim compensation for any damages you may have suffered, even if we have derived a certain benefit from the force majeure situation.
Article 12. Warranty
- We guarantee that our Services comply with the Agreement, our commitments, the specifications stated in our offer, the reasonable requirements of soundness and/or usability, and the legal provisions and regulations that exist at the time the Agreement is concluded.
Article 13. Complaints
- If you wish to file a complaint about our Service, please inform us within a reasonable period, but no later than 2 (two) months.
- If you fail to submit your complaint within 2 (two) months, we may assume that our Service complies with the Agreement.
- If you have filed a complaint with us, you must give us a minimum of 4 (four) weeks to resolve this complaint through mutual consultation. Only after this period has elapsed does a dispute subject to dispute resolution arise.
- We will respond to the complaint within 14 (fourteen) days and inform you of the expected timeframe for resolving the complaint or providing a response.
Article 14. Transfer
- Your rights and obligations under this Agreement cannot be transferred to another party without our Written consent.
Article 15. Intellectual Property
- All intellectual property rights relating to and/or resulting from the performance of the Agreement by us are owned by us. You are only granted the non-exclusive and non-transferable usage rights granted in these general terms and conditions and by law. Any other or further rights are not included.
- Unless explicitly agreed otherwise, the rights to the data mentioned in this article remain the property of Inviteout, regardless of whether costs have been charged to the Consumer for their production.
- If we send you documents, you may only use them. The only exception is when you need to share documents with Third Parties for the execution of the Agreement. This may only be done after we have given approval, and if we deem it necessary, a confidentiality agreement has been agreed upon.
- Unless we have agreed otherwise in Writing, you are not authorized to grant sublicenses to Third Parties.
- We have the right to use the knowledge we have acquired during the performance of the Agreement for other purposes. Of course, we can only do this as long as no confidential information from you is shared with Third Parties.
- We may use non-attributable information, such as written information from an Account, for our own purposes.
- With your permission, we may use your name and/or photo as a reference or for promotional purposes.
- You ensure that we are not held liable by Third Parties for intellectual property rights.
- If you violate this article, you will owe an immediately payable penalty of $5,000 (five thousand dollars), with an increase of $500 (five hundred dollars) for each day the violation continues.
Article 16. Management
- We are allowed to make changes to the technical facilities of our Services at any time, including our App.
- When using our technical facilities, you must behave as can be expected from a responsible and careful user of the Service(s).
- You are always responsible for any (unauthorized) use resulting from your usage and/or access rights. You must take appropriate and reasonable measures to prevent unauthorized use. It is not permitted for you to share the user and/or access rights with Third Parties.
- You declare to always follow our provided instructions for using our Services.
- We are allowed to make changes to non-technical facilities of our Services or App.
- If we make changes to our Services that require you to make important adjustments, we will inform you as soon as possible.
- If necessary, we may interrupt or remove technical Services if they cause a system malfunction or delay. We may block those Services or take other measures without notifying you. In such cases, you waive your right to compensation or indemnification.
- We may temporarily suspend or limit our Services for maintenance, modifications, or improvements. We are not obligated to notify you about this, and you have no right to compensation or indemnification.
Article 17. Confidentiality
- You are obligated to keep all confidential information received from us confidential. Information is considered confidential when indicated by us or when it can be reasonably inferred from the nature of the information.
- If you violate the above provision, you are immediately liable to pay us $5,000 (five thousand dollars) per violation, regardless of whether the violation is attributable to you and without prior warning from us or a judicial procedure. This penalty does not require the occurrence of any form of damages and does not prejudice our other rights, including the right to claim damages in addition to the penalty.
Article 18. Applicable law and disputes
- If we have a conflict, we will initially try to resolve it through mutual consultation. If we still cannot reach a resolution, only a competent judge from the Atlanta, Georgia (USA) region may make decisions regarding the matter.
Article 19. Survival
- The provisions of these general terms and conditions and the Agreement that are intended to remain in effect after termination of the agreement will continue to apply.
Article 20. Amendments or additions
- We may unilaterally amend and/or supplement these general terms and conditions. If this occurs, we will inform you of the changes and/or additions. These changes will take effect immediately.
- If the amendment allows us to perform differently than what we agreed upon, you have the right to refuse the amended terms or terminate our Agreement. This will result in your inability to use our Services.
- These general terms and conditions were last updated on December 08, 2023.