Date: May 2024
1. SCOPE OF APPLICATION
1.1 These Terms of Use shall apply to the use of the Agent Love App (“App“) of JRMatch GmbH, Paul-Ehrlich-Gasse 28/1/7, 1190 Vienna, Austria (“JRMatch“).
1.2 The App may only be used in accordance with these Terms of Use. Any deviating, conflicting, restrictive or supplementary terms of use shall therefore not become part of the contract.
1.3 By clicking on the corresponding checkbox during the registration process and using the service, the user accepts these Terms of Use.
1.4 JRMatch reserves the right to change these Terms of Use at any time and without giving reasons. JRMatch will inform the user of any changes the next time the user accesses the App and will provide the user with the new version of the Terms of Use. In addition, JRMatch will inform the user of the change by e-mail at least 14 days in advance. The changes will take effect if the user does not object in writing within 14 days of the notification of change being sent. JRMatch will inform the user of the right to object and the consequences of remaining silent in the notification of a change. In the event of an objection, the old Terms of Use shall continue to apply unchanged unless JRMatch terminated the contractual relationship with the User.
2. OBJECT OF PERFORMANCE
2.1 JRMatch operates a matchmaking platform. The aim of the platform is to find suitable partners for a specific friend/s (“Mission“) of the user. JRMatch makes the App available to the user free of charge until cancellation and agreement of a fee. JRMatch may also offer certain products and services for a fee (“In-App Purchase“). For In-App Purchases, conditions deviating from these Terms of Use apply, which are communicated to the user at the time of purchase.
2.2 As part of the matchmaking project, users have the option of uploading certain information, texts and images to the App. This content includes, in particular, personal data of the Mission (“Mission Data“). In accordance with point 3.2. of these Terms of Use, the user shall ensure that they have obtained the Mission’s consent to provide this data. The users can contact each other and communicate via the chat function (“User Communication“) if they have matching/reciprocal interest in the other user’s Mission. Mission Data and User Communication are collectively referred to as “User Content“.
2.3 The respective user must ensure that the User Content provided by them is not unlawful, does not infringe the rights of third parties and is neither offensive nor inappropriate. In particular, the user warrants that he/she has the necessary rights and licences to the Mission Data for use within the App and that he/she can grant JRMatch the corresponding rights in accordance with point 5.1. JRMatch is not responsible for the accuracy or legality of the User Content provided by the user.
2.4 The user must inform JRMatch immediately of any legal disputes, claims or measures taken by third parties in connection with the User Content in order to give JRMatch the opportunity to delete or block the respective content.
2.5 JRMatch has no obligation to review, monitor or edit User Content. If the User Content provided by the user violates these Terms of Use, statutory provisions or the rights of third parties, the user shall bear sole responsibility for the resulting consequences and shall fully indemnify and hold JRMatch harmless against all claims and demands of third parties.
3. REGISTRATION AND USER ACCOUNT
3.1 Use of the App is only possible after prior registration. Registration is reserved exclusively for users of legal age and legal capacity. In the course of registration, JRMatch creates an individual user account for the user, which can be updated by the user on an ongoing basis (“Account“).
3.2 When registering, the user must provide certain information about themselves (name and e-mail address) to create a user account (“User Registration“). To complete the User Registration process, the user must confirm his e-mail address. After User Registration, the user can create Mission profile/s (“Mission Creation“). To this end, the user must provide certain information about the Mission. The latter includes in particular master data (including email address), character descriptions, interests and information about the sexual orientation of the Mission. This information is required to create a meaningful profile for matchmaking. The user is obliged to obtain the explicit consent of the Mission before providing this information. As part of the Mission Creation process, the user confirms that they have obtained the Mission’s consent by clicking on the relevant checkbox (“[please insert button name]”).
3.3 The user can view and change the information they have provided at any time via the app. If the user changes data about the Mission, the Mission will receive a notification to the email provided during the Mission Creation process.
3.4 The Mission has the option of cancelling the matchmaking project at any time or obtaining information about their profile data (e.g., by clicking on the corresponding link that is sent to the mission in every e-mail).
3.5 The user is obliged to keep the access data (email address and password) chosen during registration secret and to protect it from unauthorised access by third parties. The user must report any suspicion of unauthorised access by third parties to JRMatch in writing (e-mail is sufficient). JRMatch shall not be liable for any damage caused by misuse, loss or disclosure of access data by the user or a third party attributable to the user.
3.6 All information provided during registration and subsequent use of the account must be truthful. If the information provided by the user or the Mission changes, the user must correct it immediately in the user’s Account. If the Mission requests its data to be adapted, JRMatch will amend the information on the Mission in the user’s Account.
3.7 JRMatch cannot check the accuracy and completeness of the information provided by users during User Registration, Mission Creation and when using the account and is not responsible for this.
4. RESTRICTIONS ON USE
4.1 It is important to JRMatch that the App is used safely and in accordance with the applicable legal provisions. Therefore, the user is particularly, but not exclusively, prohibited from using the App to (“Usage Restrictions“):
a) make untrue statements and assertions or provide information against better knowledge;
b) provide content that is insulting, offensive, discriminatory, obscene, pornographic, violent or otherwise inappropriate;
c) promote or support illegal activities or unlawful acts;
d) violate the rights (including personal rights, data protection rights and intellectual property rights) of others or upload content that could result in civil or criminal penalties under applicable law or otherwise conflict with these Terms of Use;
e) decompile, disassemble, reverse engineer, copy, transfer or otherwise exploit our App and content, except as permitted by copyright law;
f) automatically crawl, scrape, cache or otherwise analyse content in the App;
g) create and/oder distribute unauthorised advertising, junk messages, spam, chain letters or pyramid schemes;
h) use the App in a way that (i) is likely to interfere with, disrupt, slow down or hinder the functionality of the App, (ii) could result in a disruption of the App or the IT infrastructure, (iii) impairs system resources, (iv) places an unreasonable burden on the App’s infrastructure, or (v) constitutes an attack on the security and authentication measures of the App or JRMatch’s IT infrastructure;
i) use the App for purposes other than those for which it was developed and made available to the user.
4.2 The user shall indemnify and hold JRMatch harmless from and against any claims, damages, liabilities, costs, losses and expenses arising from (i) culpable breach of these Terms of Use, (ii) culpable infringement of third party rights by the user and/or (iii) culpable damage caused by User Content.
4.3 JRMatch reserves the right to block or delete accounts at its own discretion, to warn other users or to issue a warning to the respective user, in particular if it can be assumed that:
a) the user or the Account to be blocked can impair the reputation of JRMatch or the ongoing operation of the App;
b) the user has provided false, misleading or unlawful information or User Content;
c) the user harms or disrupts JRMatch or other users;
d) the user no longer uses the App due to permanent inactivity;
e) the user violates these Terms of Use or the applicable statutory provisions.
4.4 JRMatch is committed to a secure digital environment and actively counteracts the distribution of illegal content. If User Content violates Usage Restrictions – in particular the restrictions in accordance with clause 4.1 a-d) – JRMatch reserves the right to delete or block the corresponding User Content. Before JRMatch deletes User Content, we will carry out a comprehensive assessment, taking into account the fundamental rights, in particular the users’ freedom of art and freedom of speech. When reviewing illegal content, we [do not] use an automated algorithm. The final decision on the deletion or blocking of user content is in any case subject to human review.
4.5 If a User encounters illegal content when using the App, they can report this content directly to JRMatch, for example via [the “report” button in the App or via the report form at [ï]]. JRMatch will carefully check the reported content and delete or block it if necessary.
5. COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
5.1 By providing information and User Content, the user grants JRMatch the non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual and revocable right to use, store, reproduce, publish and distribute the content provided by the user to the extent appropriate, in particular to display and reproduce the respective content in the app. The user agrees that the content, in particular the Mission Data, may be accessed by other users or persons participating in the App.
5.2 In the event that the user deletes his/her Account, details or User Content, JRMatch will delete these from the App within a reasonable period of time. However, due to the viral distribution of online content, any distribution to third parties remains unaffected – despite deletion from the app by JRMatch. This applies in particular if the respective content has already been shared with other users or third parties, as the use of the content by these third parties is outside the sphere of influence of JRMatch.
5.3 With the exception of the content provided by the user, all elements of the App, eg texts, images, illustrations as well as the design and structure of the App and the contents of the database are protected by copyright and industrial property rights. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated or otherwise used in an unauthorised manner by the user without the consent of JRMatch.
6. WARRANTY
6.1 JRMatch provides the App “as is“, with the current functionalities and with due care. However, it is not possible to completely avoid errors or interruptions in availability. JRMatch cannot guarantee the accuracy, reliability, quality, suitability, security, completeness and timeliness of the App and its content, even taking into account the risks of the Internet. Nevertheless, JRMatch will endeavour to rectify any perceived or reported material errors appropriately.
6.2 JRMatch is not obliged to provide a specific IT infrastructure and therefore does not guarantee the uninterrupted availability of the App. Temporary connection interruptions may occur.
6.3 JRMatch reserves the right to maintain the App as required at its own discretion. This may result in interruptions to availability. Where possible, JRMatch will notify users of such maintenance windows in advance.
6.4 In light of the free provision of services, the statutory warranty provisions do not apply.
7. LIABILITY
7.1 JRMatch is liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. Compensation for indirect damages, (consequential) damages, unrealised savings, lost profits and damages from third-party claims is also excluded.
7.2 The limitation of liability pursuant to 7.1 shall not apply to damages resulting from injury to life, limb or health of persons and to claims under the Austrian Product Liability Act.
7.3 The use of User Content is entirely at the user’s own risk. It is the user’s own responsibility to check the respective User Content from other users and to ensure that it meets their own expectations.
8. RUNNING TIME
8.1 These Terms of Use apply for the duration of registration. Basically, the free services may thus be used indefinitely.
8.2 Users can terminate the contract at any time.
8.3 JRMatch is authorised to terminate the agreement with the respective user on the last day of the current month.
8.4 Immediate termination of the agreement for good cause remains unaffected.
9. FINAL PROVISIONS
9.1 These Terms of Use are subject to Austrian law, excluding the UN Convention on the International Sale of Goods, with the restriction that mandatory provisions of the law of the country in which the consumer has his habitual residence are not superseded.
9.2 If the consumer is neither domiciled or habitually resident in Austria nor employed in Austria at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the court with local and subject-matter jurisdiction for 1010 Vienna.