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German Translation

General terms and conditions of Connou

Preamble

The following General Terms and Conditions govern the contractual relationship between Connou UG, Birkenhof 2, 720144 Dußlingen, Federal Republic of Germany, registered in the Commercial Register of the Stuttgart District Court under HRB 781948 (hereinafter referred to as "Connou") and the users who use Connou services (hereinafter referred to as "users") and define the conditions under which the use of Connou services takes place. By registering with Connou e.g.: at www.connou.app (hereinafter referred to as "website") and all domains referring to it as well as in the mobile apps for IOS and Android devices (hereinafter referred to as "mobile apps"), the user agrees to the terms and conditions listed below. Should the user not agree with the terms and conditions, the registration must be waived.

WE DON'T DO CRIMINAL BACKGROUND CHECKS

The Connou privacy policy is available at the link https://connou.app/privacy-policy/.

Content

1. scope of application

The terms and conditions listed here apply to the use of the website Connou and the mobile apps of Connou UG as well as to all websites of Connou UG that refer to these GTC. Deviating regulations and especially conditions of the user, which are in contradiction with the terms and conditions, require the explicit consent of Connou in text form.
These General Terms and Conditions, together with the Content and Conduct Policy and any additional terms and conditions concluded between the user and Connou, constitute the Terms of Use.

2. Conclusion of contract, start of contract, prices

  • The contract between Connou and the user is concluded by the creation of a user account by means of the free registration by the user on the website or the respective mobile apps.
  • Connou also enables its users to make use of paid services via the Apple and Google Play payment platforms (so-called "in-app purchases"). The third party providers have prescribed sets of rules for the conclusion of the contract, the payment as well as the termination of the contractual relationship, which the user accepts via the terms of use of the third party provider and over which Connou has no influence. If the user decides to conclude a contract with Connou via the third party provider, it is the user's obligation to comply with the regulations on the conclusion, payment and termination of contracts set out in the terms of use of the third party provider. In the event of any conflict between the rules of the Third Party Provider and these General Terms and Conditions of Connou, the rules of the Third Party Provider shall prevail in this respect. In particular, the user will be asked by the third party provider to confirm his purchase to him. The payment method is then the one that the customer has agreed with the third party provider (e.g. the user pays Apple via the payment method stored in his Apple ID). Any refunds will be made either in the relationship of the third party provider with the customer or in the relationship of the customer with Connou, depending on the rules of the third party provider.
  • The User may register free of charge by completing the registration form. The user can register via connect functions of third-party providers (e.g. Facebook Connect). In this case, selected data from the respective profiles of the user are transferred to the Connou database. When registering via the Connect functions, the user agrees to the respective terms and conditions of the third-party providers and thereby consents to certain data being transferred to the Connou database.
  • Connou reserves the right to refuse the registration of users for factual reasons. Such reasons are in particular: Violation of the Terms of Use, fraud prevention stop, doubts about identity, suspicion of SPAM, doubts about age, deception, registration from markets in which Connou is not available. Connou may also make registration subject to further steps, including identification or SPAM prevention steps.
  • The use of the service is free of charge, ad-financed and university financed. The user can unlock paid features by purchasing or taking out a subscription.
  • Only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered. Multiple registration and re-registration for users blocked by Connou is prohibited.
  • The use is only permitted for natural persons of legal age.
    h. Use is not permitted for sex offenders. These are persons who are registered as "sex offenders" in the USA or who have been convicted of sexual offences (Sections 174 to 180 or Section 182 of the German Criminal Code (StGB) or Sections 180 a, 181 a, 183 to 184g of the German Criminal Code (StGB)) or of offences that are also particularly relevant for the protection of children and young people (Sections 171, 225, 232 to 233 a, 234, 235 or 236 of the German Criminal Code (StGB)) or their respective regional equivalents.

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS, but will evaluate publicly available information if there is reasonable suspicion to ensure that there has been no violation of our Terms of Use.

3. services provided by Connou

a. Connou Community

Connou operates with the Connou App and website a social network community on the Internet and offers the user access to a database, through which users can get to know each other for building relationships in the most diverse forms. The database can be accessed at www.connou.app (representing all domains linking to it) and through the mobile apps for IOS and Android devices. The database contains profiles with photos and information about other users. Registered users can access these profiles and information and contact other users. Connou allows its registered users to use the offered product and service portfolio in compliance with the legal provisions and the terms of use to upload, store, publish, distribute, transmit and share content with other users.

b. Security, scope and availability

  • (1) Connou offers the User a free SPAM filter for incoming private messages. Connou will endeavour to filter SPAM messages, but the User is not entitled to a certain success rate. For this purpose, chat messages on the platform are checked for SPAM suspicion.
  • (2). Connou may change the functionality and scope of the Connou platform at any time. In case of discontinuation of essential functions of the Connou platform, the user has a special right of termination.
  • (3) Connou has an annual average availability of 98.0%. Excluded from this are downtimes due to maintenance and software updates as well as times in which the service cannot be accessed via the Internet due to technical or other problems that are beyond the control of Connou (force majeure, fault of third parties, etc.). In order to be able to use the Connou Platform to its full extent, the User must in each case use the latest (browser) technologies or enable their use on his computer (e.g. activation of JavaScript, cookies, pop-ups) and use a current Android or iOS version. If older or not commonly used versions or technologies are used, the User may only be able to use the services of the Connou Platform to a limited extent.

4. chargeable functions

  • The user can purchase various paid added values ("paid features") in the apps and via the website, e.g. subscriptions, virtual goods (e.g. in-app credits or Icebreaker)
  • Paid functions may have a fixed term
  • Paid functions may be tied to the user account.
  • The respective valid price of the chargeable function will be displayed to the user before the final purchase. The conditions of the respective chargeable functions apply.
  • Users with habitual residence outside the European Union may only purchase chargeable features in their country of habitual residence. Users with habitual residence within the European Union may only purchase chargeable features within the European Union.

5. termination of the user account by the user

  • The user may terminate his user account at any time without notice.
  • The user can terminate his user account by deleting his user account or by terminating it in text or written form. To delete his user account, he will find a corresponding account deletion function in his account settings on the website and in the mobile apps. Cancellation in text form (by fax and e-mail) or in writing (by letter) is also possible. When giving notice of termination, the user must provide the e-mail address that he has stored in his user account, as otherwise it is not possible to assign the account to the user.
  • If the user account is terminated or deleted by the user, all chargeable functions contained or activated therein shall expire, with the exception of subscriptions independent of the user account or virtual goods independent of the user account.

6. termination of the user account by Connou

  • Connou can terminate the user account with a notice period of 2 weeks.
  • Connou may terminate a user account by giving notice in text or in writing.
  • If Connou terminates the user account due to a reason for which the user is not responsible, the user has a claim to reimbursement of the purchase price of the chargeable functions linked to the user account, insofar as the chargeable function has not yet been fully used or consumed.

7. Obligations of the user

a. True and accurate information, verification by Connou

(1). The user may use a pseudonym for the platform. If the user decides to post information (e.g. details or pictures) in his user account, these must be true and describe his personality accurately. In particular, information is inaccurate or untrue if the user is not recognizable on the posted information or if it shows a person other than the user.

(2). The user ensures that he can be reached at the email address provided during registration. The user shall keep the e-mail address deposited with Connou up to date and communicate with Connou via this address. The user shall write in the communication via e-mail, from the address deposited with Connou, in order to enable an assignment to a user account. If the user communicates from a different address or does not communicate by email, the user shall make arrangements to be able to confirm the authorization to communicate with Connou from that address. Delays due to lack of information from the user will be at his expense.

(3). The user undertakes to provide only his own data (incl. e-mail address) and not that of any other person. In particular, he undertakes not to fraudulently provide the bank details or credit card details of third parties.

(4). Connou may have the accuracy of the information provided by the user verified, if necessary, to ensure the identity of users and the functioning of the platform. The user will prove his identity or verify himself upon request by Connou. In case of refusal or non-verification, Connou is entitled to extraordinary termination without notice.

b. Conduct of the user and user content, granting of rights of use

(1). The user is obliged to behave on the Connou platform according to our content and behavior policy. Any behavior that is racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence or otherwise unlawful is  prohibited.

(2). The user grants Connou free, non-exclusive, transferable, sub-licensable rights (hereinafter "right of use") to all content generated, transmitted, stored or published by him/her on the Connou platform (e.g. images, texts, comments, live video content) (hereinafter "user content"), unlimited in time, space and content, to use and exploit user content also with the aim of commercial marketing.

(3). The user is solely responsible for his user content. The user is obliged to ensure that his user content is not racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence or otherwise illegal.  This duty is made more specific by the Content and Conduct Policy. Connou is entitled, but not obliged, to delete or terminate User Content that violates these rules and to temporarily block the user account of the responsible user or to terminate the contractual relationship.

(4). The right of use includes the right to commercial and non-commercial use, including all currently unknown but future known forms of use. In particular, the right granted includes the right to copy, distribute and exhibit, the right to public reproduction, including the right to lecture, perform and demonstrate, the right to make available to the public, the streaming right, the right to reproduction by means of image or sound carriers as well as the right to make available to the public (in particular via the Internet) and reproduction as well as all rights of the database producer pursuant to Section 87 b UrhG, including the right to copy, distribute or reproduce to the public and in particular the right to include in database works. The granting of rights includes in particular the unlimited right to make the content designed by the user, in particular videos, graphics and texts, publicly accessible on the Connou website or in search engines and social media and to use it for advertising measures of any kind, as well as the right to edit and redesign. When using the content outside of the apps of Connou UG or the Connou platform, the user has the right to be named as the author, in the form of the naming of his profile name stored in the user account and the reference to the Connou platform. In case of use in the apps of Connou UG or on the Connou platform, the naming as author takes place within the scope of the usual manner for the platform.

(5). The user assures and vouches that he is authorized to grant the right of use in this form to his user content and that he can freely dispose of it in the contractual form. In the event that the user becomes aware of the existence of third party rights, the user shall immediately notify Connou thereof. The user hereby indemnifies Connou against any claims of third parties in this context and reimburses the reasonable costs of legal defence.

c. Duties as a streamer

(1). If the user uses the app or Connou platform as a streamer, he is obliged to take all reasonable measures during his broadcasts to ensure that the rules for the use of the live chat by his viewers and guest streamers are observed during his broadcasts. The streamer is obliged to ensure that he has obtained all necessary rights, licenses and permissions before broadcasting.

(2). The streamer will not deceive about his location. The streamer will direct his broadcast only to the country in which he has his habitual residence.

d. Free use against provision of data

(1). In return for the offer of a free part of the platform, the user provides Connou with the profile and location data deposited in his user account as public, his usage behaviour, as well as device and network data in accordance with Connou's privacy policy in pseudonymised form for advertising purposes.

(2). Connou may display to the user advertising offers from Connou and third party providers tailored to the user in accordance with the privacy policy and use and pass on the aforementioned data for this purpose.

(3.) The user is entitled to object to the use of this data in the way described in the  privacy policy. Connou is then entitled to offer the user access to the previously free part of Connou in whole or in part for a fee or to reduce the scope of functions.

e. Private or commercial use

The use of the Connou platform outside of the live video function and the "LIVE by Connou app" is only permitted for private purposes. The live video function and the "LIVE by Connou App" may be used commercially, provided that the streamer has notified Connou of his commercial activity and Connou has agreed to the use. Connou may make the commercial use dependent on further conditions. In case of unauthorized commercial use, Connou may terminate the user account extraordinarily and without notice.

f. User messages

The user will not send any private messages that are  racist, insulting, discriminatory, harassing, defamatory, sexual, pornographic, glorify violence or otherwise unlawful. This duty is made more specific by the Content and Conduct Policy. Connou may check the User Messages for suspicion of SPAM for the purposes of the SPAM filter used by Connou and use them to train the SPAM filter.

g. Liability for the user profile and duties of care

(1). The user sets access data, his e-mail address and a password for his account. The user must choose a secure password and not recycle the password with another service.

(2). The user is liable for all actions taken with his user profile. These access data may not be passed on to third parties, including spouses, life partners, relatives, friends, etc.. The access data must be kept protected from access by third parties. Insofar as there is reason to suspect that third parties have gained knowledge, the access data must be changed immediately and the possible misuse must be reported to Connou without delay.

(3). It is the user's responsibility to make regular backups of his data.

(4). Connou cannot verify all of the information provided by other users due to the volume of information provided by other users and the inability to identify individuals on the Internet. Even if a user is marked as verified, this does not mean that Connou has checked all the information provided by this person or that this information is correct. It is the user's responsibility to verify the information provided by another user before interacting with that user in the form of a chat conversation, meeting outside the Connou platform or in any other way.

h. Prohibition of malware, phishing, SPAM and credit farming

(1). The user may not use his user account to send messages containing malware, phishing, SPAM or junk mail (e.g. unsolicited bulk messages, chain letters, unsolicited commercial messages) or to prepare illegal actions (such as for fraud or extortion).

(2). The user may not provide or use his user account for credit farming. He may not participate in credit farming. Credit farming occurs when the user creates or uses user accounts alone or with other users in order to collect free credits in a businesslike manner. Credit farming also occurs when Free Credits are obtained through manipulation, deception or exploitation of programming errors.

10. sanctions in case of violation of the terms of use by the user and contractual penalty

a. Connou may irrevocably remove User Content that violates the Content and Conduct Policy. There is no entitlement to the restoration of the information deleted by Connou. Connou may report User Content that violates criminal law to law enforcement authorities.

b. If the user violates these terms and conditions or the content and conduct policy, Connou may, depending on the severity of the violation:

  • (1) warn the user
  • (2) temporarily block individual functions of the Connou platform for the user or the user's account,
  • (3) permanently block functions of the Connou platform for the user,
  • (4) permanently block the user's account; or
  • (5) terminate the user account extraordinarily and prohibit a renewed registration. The warning or suspension shall have the effect of a warning.

c. In determining the gravity of the infringement, Connou

  • (1) the user's previous behavior (such as previous warnings) and the user's insight,
  • (2) a concern of other users and the number of complaints about that user,
  • (3) give due recognition to the violation of applicable law.

d. If the user repeatedly violates the terms of use despite sanctions, Connou is entitled to terminate the user account for cause extraordinarily and without notice.

e. If the user commits criminal offences with his user account, Connou is entitled to terminate the user account extraordinarily and without notice without warning for good cause.

f. If Connou terminates the user account for a reason for which the user is responsible, the user must compensate the damage incurred.

g. A user who through the Connou platform

  • (1) Uses without authorization for commercial or business purposes,
  • (2) uses the platform to send messages prohibited under 9.h.,
  • (3) deceives on the platform about his identity or pretends the identity of another person is obliged to pay Connou a contractual penalty in the amount of 5,001 euros. Further claims of Connou remain unaffected.

11. compensation by the user in case of violation of his duties

In the event of intentional or negligent breach of its obligations, the user is obliged to compensate Connou or Connou's legal representatives or agents for any damage incurred.

12. liability through Connou

a. Liability on the part of Connou - irrespective of the legal grounds - only occurs if the damage is

  • (1). has been caused by culpable breach of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract, or
  • (2). is due to gross negligence or intent on the part of Connou. If Connou is liable in accordance with the preceding paragraph for the breach of an essential contractual obligation without gross negligence or intent, the liability is limited to the extent of damage, the occurrence of which Connou could typically expect at the time of conclusion of the contract due to the circumstances known at that time. This applies in the same way to damage caused by gross negligence or intent on the part of employees of Connou's agents who are not Connou's directors or officers. Liability for consequential damages, in particular for loss of profit or compensation for damages to third parties, is excluded, unless Connou is guilty of intent or gross negligence.

b. Claims for damages under the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.

c. Connou is only liable for the loss of data and programs and their recovery to the extent that this loss could not have been avoided through reasonable precautionary measures, in particular the daily creation of backup copies of all data and programs.

d. Connou is not liable for content of other users, which was not posted by Connou on the platform, unless Connou had knowledge of the illegality of the content.

e. These limitations of liability in favour of Connou also apply to legal representatives and vicarious agents of Connou.

13. changes to the general terms and conditions and the terms of use

a. Connou reserves the right to change the general terms and conditions and the terms of use.

b. The user declares to agree with the application of the amended General Terms and Conditions (GTC) and Terms of Use to contracts already concluded before the amendment, if Connou notifies the user that an amendment to the GTC has taken place and the user does not object to the amendment within a period of two weeks, beginning with the day following the notification of the amendment.

c. The notification of the change must once again contain a reference to the possibility and deadline of the objection, as well as the significance or consequences of the omission of an objection. It can be sent by e-mail to the e-mail address provided by the user. If the user objects to the validity of the new terms and conditions or terms of use, Connou has a special right of termination.

14. dispute settlement

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

15 Applicable law, place of jurisdiction, special provisions for users outside Germany

a. The contractual agreements of the contractual partners are subject to the law of the Federal Republic of Germany.

b. Arbitration clause for non-consumers

(1). If the user is not a consumer, all disputes arising from or in connection with the Terms of Use or concerning their validity shall be finally settled in accordance with the Rules of Arbitration of the German Institution of Arbitration (DIS), excluding recourse to the ordinary courts of law.

(2). The arbitral tribunal shall consist of a sole arbitrator.

(3). The place of arbitration is Stuttgart.

(4). The language of the case shall be German.

c. Special provisions for users outside Germany

If the User is habitually resident in a member state of the European Union, nothing in the Terms of Use shall limit the User's right to invoke the application of a mandatory local law or a court jurisdiction that cannot be modified by contractual agreements. In this case, the invalid provision shall be replaced by a valid and enforceable provision, the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision

16. final provisions

a. Unless otherwise stipulated in these General Terms and Conditions, amendments to the contract, supplements and ancillary agreements must be made in text form by both parties in order to be effective. The text form requirement also applies to the waiver of this text form requirement.

b. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. In the event of discrepancies between different language versions, the German version shall prevail

Revocation

If the user is resident in a country of the European Union, the following right of withdrawal for consumers applies to a use of Connou in the context of the conclusion of paid subscriptions as well as the purchase of credits:

1. cancellation policy

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Connou UG, Birkenhof 2, 72144 Dußlingen, Germany, Email: support@connou.app) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

2. sample cancellation form

If you want to cancel the contract, please fill out this form and send it back to us. To: Connou UG, Birkenhof 2, 72144, Dußlingen, Germany; Email: support@connou.app I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods of the following goods (*)/provision of the following service (*) Ordered on (*)/ received on (*): __________________________ Name of consumer(s): __________________________ Address of consumer(s): __________________________ ______________________________________________________________ Signature of the consumer(s) Place, date (only in case of communication on paper) (*) Delete as applicable.

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