Imprint & Terms Of Service

Loops Ventures GmbH
Mendelssohnstraße 27
10405 Berlin

Contact: hello@enloopp.com

Represented by: Alex Kirgiannakis (Founder & CEO)

Register entry:
Registergericht: Amtsgericht Charlottenburg
Register number: HRB 161052 B

Umsatzsteuer-ID: (VAT)

Umsatzsteuer-Identifikationsnumber
DE296477966

 

ENLOOPP’s TERMS OF USE:

(Last updated: 04/14/2018)

Welcome 🙂

In case you’re not familiar, ENLOOPP is an app that makes it fun and easy to know what your friends are up to, meet new people and discover the social life of any city. Have you ever missed out on an epic party? Got tired of waiting for your friends to suggest a place to meet ? Are you fed up with scrolling up in your group chat to figure out what the plan for the weekend is? Never again. With ENLOOPP, you can keep up with the people you care about, both near and far and discover in an easy and visual way what the plan is, where and when.

We’ve drafted these Terms of Service (which we call the “Terms of Use”) so you’ll know the rules that apply when you use the ENLOOPP app or any of our other products or services that link to these terms (we refer to these simply as the “Service”). Although we’ve tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Loops Ventures GmbH (“Enloopp”). So please read them carefully.

Who Can Use the Service:

No one under 13 is allowed to create an account or use the Service. By using the Service, you state that you can form a binding contract with Enloopp and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you wish to use the Service for businesses or commercial purposes please contact hello@enloopp.com to set up a Premium account (Private or Sponsored)

Acceptance of Terms.

By registering for and/or using the Service in any manner, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Enloopp’s Privacy Policy, Enloopp’s Intellectual Property Policy, Enloopp’s Venue Terms and Conditions, Enloopp’s API License Agreement and all other operating rules, policies and procedures that may be published from time to time by Enloopp, each of which is incorporated by reference and each of which may be updated by Enloopp from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Enloopp from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the App, individual users of the Services, venues that access the Service, and Premium accounts that have a page on the Service.

Registration and Eligibility.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Enloopp and represent, warrant and covenant that you provide Enloopp with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. You can also register via your personal Facebook or Instagram account. Creating more than one accounts using different registration options shall constitute a breach of these Terms of Use, which may result in immediate termination of your Enloopp account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

-create any account for anyone other than yourself without such person’s permission;

-use a User Name that is the name of another person with the intent to impersonate that person;

-use a User Name or Enloopp account that is subject to any rights of a person other than you without appropriate authorization; or

-use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Enloopp reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Enloopp password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Enloopp in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Enloopp cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, check-ins, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Enloopp on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”

Enloopp Content.

The Service contains Content specifically provided by Enloopp or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, Enloopp grants each user of the App and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Enloopp, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

User Submissions.

We may use your User Submissions in a number of different ways in connection with the App, Service and Enloopp’s business as Enloopp may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the App or otherwise through the Service, you hereby do and shall grant Enloopp a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the App, the Service and Enloopp’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites, apps and feeds). You also hereby do and shall grant each user of the App and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the App and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the App, Service and Third Party Media. For clarity, the foregoing license grant to Enloopp does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Enloopp.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the App is the sole responsibility of the person from which such Content originated; that Enloopp will not be liable for any errors or omissions in any Content; and that Enloopp cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

-infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

-you know is false, misleading, untruthful or inaccurate;

-is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Enlopp in its sole discretion;

-constitutes unauthorized or unsolicited advertising (“spamming”);

-other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Enloopp’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

-contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Enloopp or any third party;

-impersonates any person or entity, including any employee or representative of Enloopp;

-includes anyone’s identification documents or sensitive financial information; or

-breaches the Privacy Policy, the House Rules and/or any of the other policies and rules incorporated herein.

-If the User Submission includes a photograph, Enloopp has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

-take any action that imposes or may impose (as determined by Enloopp in its sole discretion) an unreasonable or disproportionately large load on Enloopp’s (or its third party providers’) infrastructure;

-interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

-bypass any measures Enloopp may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

-run any form of auto-responder or “spam” on the Service;

-harvest or scrape any Content from the Service;

-modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or App Content (other than your User Submissions), except as expressly authorized by Enloopp;

-decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

-copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

-otherwise take any action in violation of Enloopp’s guidelines and policies.

Enloopp does not guarantee that any Content or User Submissions (as defined above) will be made available on the App or through the Service. Enloopp has no obligation to monitor the App, Service, Content, or User Submissions. However, Enloopp reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Enloopp is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Enloopp also reserves the right to access, read, preserve, and disclose any information as Enloopp reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Enloopp, its users and the public.

Card Services.

Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). Enloopp uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Enloopp is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, Enloopp will obtain certain transaction details, which Enloopp will use solely in accordance with our Privacy Policy.

Special Terms for Sponsored Accounts on the Sponsored Platform.

If you have a “Sponsored Account” on the Service, you also agree to the following:

Sponsored Accounts (SA) are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).

You may only administer a SA if you are an authorized representative of the subject of the SA.

All Content posted on the SA will be made available to all users of the Services.

You may not display any Content on your SA that is an ad or could be construed as an ad.

You may not establish terms beyond those set forth in these Terms of Use to govern the use of the SA you administer.

Your SA will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.

You will not direct your SA, or any Content on your SA, to children under the age of 13.

If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with Enloopp’s Privacy Policy.

You will not use deceptive practices to get users to “Add” your SA.

You are responsible for ensuring that your SA, including any Content you post on your SA, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

The Sponsored Platform allows owners, organizers, event planners and other authorized managers (“Managers”) of (a) restaurants, hotels, bars, stores, theaters, stadiums and other venues of goods and services (“Places”) and/or (b) concerts, movies, sporting events, parties, social events and other events (“Events”) to edit and correct their Places and/or Event details in Enloopp’s database, view analytics on usage of Enloopp’s service (the “Service”) at their Place and/or Event and reward customers with special offers (“Promotions”) who choose to check-in on Enloopp at the Place and/or Event they manage on Enloopp. For clarity, a Manager of a Place can run Promotions at such Manager’s Place but cannot run Promotions at an Event being held at such Place unless such Manager is also the Manager of the Event. Likewise, a Manager of an Event can run Promotions at such Event but cannot run Promotions at the Place where such Manager’s Event is being held unless such Manager is also the Manager of the Place.

The Sponsored Platform is offered subject to acceptance without modification of all of the terms and conditions contained herein, which terms include all terms of use and other operating rules, policies and procedures that may be published from time to time on the Platform or on Enloopp’s App and Website (currently located at www.enloopp.com), each of which is incorporated by reference.

Enloopp reserves the right to modify or terminate the Platform for any reason, without notice, at any time. Enloopp reserves the right to alter these Terms of Use or other Platform policies at any time and notify you of material changes by posting notice through the Platform. What constitutes a “material change” will be determined at Enloopp’s sole discretion, in good faith, and using common sense and reasonable judgment.

Eligibility.

In order to claim a Place or an Event, a Manager must be invited and/or approved by Enloopp and complete the applicable verification process for such Place or Event to become an “Authorized Place ” or an “Authorized Event,” as applicable, and to access the Sponsored Platform. If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to this Agreement. Enloopp may, in its sole discretion, refuse to offer the Sponsored Platform to any person or entity and change its eligibility criteria at any time. These Terms of Use are void to the extent prohibited by applicable law and the right to access the Sponsored Platform is revoked in such jurisdictions.

Accounts and Passwords.

Each Manager must complete the registration process by providing Enloopp with current, complete and accurate information, as more specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. Enloopp will use the contact and other information you provide to verify your identity and you hereby consent to Enloopp contacting you directly or through automated means to do so. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Platform password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Enloopp in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree that Enloopp cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. You may not transfer or sell your Enloopp account to another party.

Payments

Certain features of the Platform and/or certain services and products made available to you through the Platform may be subject to payments now or in the future (“Paid Services”). Enloopp uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Platform (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay Enloopp, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize Enloopp, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Enloopp reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Content and Ownership.

You acknowledge and agree that the Platform and all content, information and other materials made available via the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws or privacy laws, and Enloopp (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Enloopp, you agree not to or allow a third party to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Platform or such content, information and other materials.

User Submissions, Prohibited Content and Activities

For purposes of the Terms of Use, the term “Content” includes, without limitation, written comments, information, data, text, photographs, software, scripts, graphics, and other content.

By uploading, posting, submitting or otherwise distributing any Content (“User Submission”) via the Platform or which you otherwise provide to Enloopp, you hereby:

-grant and agree to grant to Enloopp a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, modify, distribute, User Submission, in any form, in connection with the Platform (including without limitation, in connection with the Service); and

-represent and warrant to Enloopp that (a) you own or otherwise control all rights to such User Submission, (b) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, © you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; (d) you are authorized to grant all of the aforementioned rights to the User Submissions to Enloopp and all users of the Platform and (e) use of the User Submission by Enloopp will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary right.

-Enloopp shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any place, location, latitude and longitude, or other location information that you submit, upload, post, create or add to the Platform (including without limitation, in connection with the Service).

As a condition of use, you promise not to use the Platform for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Platform.

Privacy.

This Agreement incorporates Enloopp’s Privacy Policy, which covers Enloopp’s treatment of personally identifiable information and other data that Enloopp gathers when you are accessing the Platform. For clarity, information that you submit during the claim verification process will be retained and used by Enloopp in connection with such process.

In connection with the Platform, you may obtain personal information, including but not limited to Facebook, Instagram account name and email, first and last name, city and state of current location, check-ins and things done on Enloopp and number of friends on Enloopp from users of the Service. Without obtaining prior permission from Enloopp or the applicable user, this personal information shall only be used by for you to view Enloopp usage at your Place and/or Event and you may not use or disclose such information for any other purpose. Enloopp has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Enloopp user to your email or physical mail list. You agree to take commercially reasonable steps, compliant with applicable laws, rules and regulations, to protect all Enloopp user data and information from unauthorized use, disclosure or access by third parties.

Termination.

Enloopp may terminate any user’s access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your registration and account, you may do so at any time by following the instructions on the Platform.

Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Platform, except that all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Agreement shall survive. After termination, Enloopp has no obligation to maintain any content in any user’s account or to forward any unread or unsent messages to you or any user of the “Enloopp” service or any other party.

Disclaimer of Warranties.

THE Platform IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE Platform IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ENLOOPP DOES NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE Platform WILL BE SECURE, ERROR-FREE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE Platform WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE Platform IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

You agree that Enloopp shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received through the Platform. You agree that Enloopp is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.

IN NO EVENT SHALL ENLOOPP (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE Platform, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF EUR 50.00 OR THE FEES PAID BY YOU FOR ACCESS TO THE Platform DURING THE PREVIOUS 12 MONTH PERIOD, WHICHEVER IS GREATER, EVEN IF ENLOOPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Indemnification.

You agree to (a) defend Enloopp and its employees, contractors, officers, directors and representatives against any action or suit that arises out of your use or misuse of the Platform, any transaction or other dealings with any other user or other third party in which you are involved, or your breach of any of your representations, warranties or covenants under this Agreement and (b) indemnify Enloopp for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Enloopp reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Enloopp in asserting any available defenses.

Disputes.

A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Agreement shall be governed by German law, and the parties submit to the non-exclusive jurisdiction of the German courts. In the event of any conflict between German and foreign laws, rules and regulations, German laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Agreement or use of the Platform shall be filed in the German courts , and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

General Provisions.

Your rights and obligations under the Agreement are personal to you, and are not assignable, transferable or sublicensable by you except with Enloopp’s prior written consent. Enloopp may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Platform or Agreement, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing (including electronically) and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile, e-mail or through the service; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Third Party Sites and Services.

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the App. When you access third party websites, you do so at your own risk. These other websites are not under Enloopp’s control, and you acknowledge that Enloopp is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Enloopp or any association with its operators. You further acknowledge and agree that Enloopp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Warranty Disclaimer.

Save to the extent required by law, Enloopp has no special relationship with or fiduciary duty to you. You acknowledge that Enloopp has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Enloopp from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Enloopp makes no representations concerning any Content contained in or accessed through the Service, and Enloopp will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

Limitation of Liability.

ALL LIABILITY OF ENLOOPP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE APP, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ENLOOPP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED EUROS (EUR 100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENLOOPP, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ENLOOPP, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE APP, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

LOSS OF ACTUAL OR ANTICIPATED PROFITS;

LOSS OF REVENUE;

LOSS OF GOODWILL;

LOSS OF DATA;

LOSS OF ANTICIPATED SAVINGS;

WASTED EXPENDITURE; OR

COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ENLOOPP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Modification of Terms of Use.

Enloopp reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Service or via email. Enloopp may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Language.

Where Enloopp has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Enloopp.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Contact.

You may contact Enloopp at the following address: Mendelssohnstraße 27, 10405, Berlin, Germany or at hello@enloopp.com