Terms of Service

Language notice: These Terms of Service are provided in German and English. The version that was presented to you at the conclusion of the contract and to which you agreed applies; see § 13 (6). The German version is available at ffffffffriends.com/terms-of-service.

Please read these Terms carefully to ensure that you understand each provision. If you reside in the United States, these Terms contain a mandatory individual arbitration and class action/jury trial waiver provision (§ 11 (6)) that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Welcome to friends!

We're building friends because we believe the best moments happen with friends.

To keep everything fair and transparent, we have these Terms of Service. They set out what you can expect from us, what we expect from you, and how, together, we keep friends a place where everyone feels comfortable.

Terms of service aren't exactly a thrilling read, but we've tried to write them to be as pleasant and understandable as possible.

To use our services, you must agree to these Terms. If you don't, you unfortunately can't use friends.

§ 1. Scope

(1) These Terms of Service govern the use of the offerings of Friends App UG (haftungsbeschränkt), Rathenower Str. 36, 10559 Berlin, Germany, support@itsaboutfriends.com, registered in commercial register B of the Local Court (Amtsgericht) of Charlottenburg under no. 272600 (hereinafter "we," "us," or "our"), and the services connected with them, by you as a user (hereinafter "you" or "User"). Our offerings include, in particular, the friends mobile app (iOS and Android) and our website. All offerings are collectively referred to below as the "Service."

If you reside in the United States, § 11 additionally applies.

(2) You can find our Privacy Policy at ffffffffriends.com/privacy and our Community Guidelines at ffffffffriends.com/community.

(3) Any deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the contract, even if we do not separately object to them.

§ 2. Registration and Conclusion of the Contract

(1) By registering and agreeing to these Terms of Service, you make an offer to conclude a User Agreement for the Service. The User Agreement is concluded only upon activation of your account by us. The activation will be confirmed to you (e.g., by email, SMS, or in-app). We may refuse activation without stating reasons.

(2) Registration and use are permitted exclusively to natural persons for private purposes as consumers ("Verbraucher") within the meaning of Section 13 of the German Civil Code (BGB), unless otherwise provided in § 2 (3) below.

(3) If you create an account on behalf of an organization (e.g., a business owner), these Terms of Service apply to the organization as a trader ("Unternehmer") within the meaning of Section 14 BGB. You warrant that you are authorized to bind the organization to these Terms of Service. For organizations using the Service for commercial purposes, the specific consumer protection provisions established by law and in these Terms of Service do not apply, in particular the provisions on the right of withdrawal (§ 9).

(4) You must be at least 16 years old. By registering, persons under 18 years of age affirm that they have obtained the required consent of a parent or legal guardian.

(5) When registering, you must provide truthful, current, and complete information and keep it up to date at all times. Multiple registrations under different identities are not permitted. Access to the Service may not be passed on or made available to third parties, whether for payment or free of charge, without our approval.

(6) Membership is personal and non-transferable. Your phone number serves as the primary identifier of your account. You must, without undue delay, update changes to your phone number in your account or notify us of them. Your login credentials may be used only by you. You must protect your login credentials from access by third parties.

(7) You are liable for activities carried out under your account to the extent that you are responsible for them ("zu vertreten").

(8) Please inform us without undue delay if you discover or suspect any misuse of your account. We assume no liability for loss of access to your account or for unauthorized access by third parties, to the extent that this results from your failure to comply with your obligations under these Terms of Service.

§ 3. Scope, Limits, and Availability of the Service

(1) As a communications service, friends provides you with features to make plans with friends and acquaintances, discover activities, and receive suitable suggestions. The Service includes, in particular:

1. chats and group chats for communicating and making plans with other Users;
2. the display of activities, events, and inspirations, including from third parties;
3. personalized suggestions based on your interests and your usage behavior in accordance with § 3 (8);
4. the sending of notifications (e.g., by push notification or SMS);
5. optional paid features and premium services (§ 9).

(2) Hangouts arranged through the Service are organized and carried out by the Users on their own responsibility. We are not the organizer of hangouts, have no influence over how they are conducted, and assume no responsibility for their course, content, or outcome. This also applies to hangouts created on the basis of templates or suggestions in the Service.

(3) We have no independent duty to monitor, to protect, or any other duty of care with respect to hangouts beyond the obligations set out in these Terms of Service, regardless of who initiated them. When organizing and participating in hangouts, Users act independently and not on our behalf or at our direction. For the avoidance of doubt: communication with other Users, the sharing of personal details, and participation in hangouts are at your own responsibility and your own risk.

(4) The Service may also display information about third-party events, in particular title, date, time, location, descriptions, media, the name of the respective organizer, information on ticket prices (if available), and further links to external websites (hereinafter "Event Information"). Event Information originates partly from us, on the basis of an editorial selection, and partly from third parties, in particular from organizers, other Users, or other third parties. We are not the organizer of these events. Their course and content are the sole responsibility of the respective organizer. Event details may change at short notice. We do not review Event Information for completeness, accuracy, or currency. Please always verify the details with the respective organizer before attending. The conduct and handling of the respective events are governed by the contractual terms of the respective organizer and the venue.

(5) Where you are redirected via the Service to external providers in order to purchase tickets, passes, or other admission credentials, a contract is concluded exclusively between you and the respective provider. We have no influence over the contracting process, pricing, processing, or other terms between you and the respective provider. Cancellations, refunds, and event changes are governed exclusively by the contractual terms of the respective provider. Where we receive compensation for referring you to third-party providers, we will label this accordingly.

(6) The Service includes the sending of notifications (e.g., by push notification, email, or SMS), for example to confirm your account or about activity in your network.

(7) If you share your address book with the Service, you ensure that you are authorized to share the contact details it contains. You may use this feature only to the extent that you are permitted to transmit the contact details under the applicable rules.

(8) As part of the Service, we may tailor content, suggestions, and features to your interests, your usage behavior, and your location, including through the use of automated processes. The display of suggestions does not constitute a recommendation, an evaluation, or a suitability assessment. You can find more information about the processing of personal data in our Privacy Policy.

(9) Where the Service is provided on a continuous basis, we may modify it only to the extent that there is a valid reason to do so, in particular to further develop the Service, to adapt to a changed legal situation, to implement mandatory security requirements, to prevent abuse, or to adapt to technical changes, if you incur no additional costs as a result, and if we inform you of the modification in a clear and comprehensible manner. If a modification impairs your access to the Service or its usability in a more than insignificant way, we will inform you, within a reasonable period before the time of the modification and on a durable medium, of the features and time of the modification and of your rights.

(10) The User's statutory rights remain unaffected to the extent that they apply to the Service. We do not guarantee that the Service will be available without interruption at all times, or that the Service will meet your individual expectations or any particular outcome you intend.

(11) Without prejudice to your statutory warranty rights ("gesetzliche Gewährleistungsrechte"), we point out that we do not guarantee any particular functionality or quality of the Service, the permanent preservation of stored content, or the accuracy, completeness, or currency of information provided. Use of the Service is at your own responsibility and your own risk.

(12) Statutory warranty rights apply to paid features.

(13) The Service may contain advertisements, displayed between your User Content, content of other Users, and other content. Advertisements are labeled as such. The selection and display of advertising may be based on your interests, your usage behavior, and your location. You can find more information in our Privacy Policy. We do not serve profile-based advertising to Users under 18 years of age.

§ 4. Use and Obligations

(1) When using the Service, and in connection with hangouts arranged through the Service, you undertake to comply with the applicable statutory provisions and our Community Guidelines. We maintain a zero-tolerance policy toward offensive, abusive, or unlawful content and toward abusive or harassing behavior by Users. Such content and behavior will not be tolerated and may, irrespective of fault, result in the immediate removal of the content and in measures under § 7, up to and including permanent suspension. The following, in particular, are prohibited on the Service:

1. discrimination and hate speech;
2. pornographic or sexualized content;
3. depictions of violence, glorification of violence, and political extremism;
4. insults, harassment, threats, or stalking of other Users;
5. behavior that endangers the physical or mental integrity of other Users, including in connection with hangouts arranged through the Service;
6. content that violates the protection of minors, in particular the depiction, distribution, or promotion of sexual abuse or sexual exploitation of minors;
7. the depiction, glorification, or promotion of self-harm or suicide;
8. misleading information, or use of the Service for fraudulent or unfair purposes, including creating hangouts or events with knowingly false information;
9. endangering public safety;
10. depictions of animal cruelty or violence against animals;
11. fake profiles, identity falsification, and the use of media content generated or manipulated by means of artificial intelligence or otherwise as User Content (including deepfakes);
12. the use of content for which the User does not hold the necessary rights, in particular the infringement of third-party intellectual property rights or personality rights ("Persönlichkeitsrechte"), and the non-consensual distribution of third-party media;
13. publishing, storing, or otherwise using personal details or contact information of other Users or third parties outside the Service without their consent;
14. spam, unauthorized advertising, or commercial use without an organization account pursuant to § 2 or without our prior approval in text form (e.g., by email; "Textform", Section 126b BGB);
15. offering, brokering, or promoting illegal goods, services, or events;
16. the systematic or automated collection, extraction, or other use of content of the Service, including through bots, scrapers, or comparable technologies;
17. attempts to circumvent technical protection measures, to gain unauthorized access to other people's accounts, to decompile the Service, or to interfere with the integrity of the Service (statutory rights to establish interoperability remain unaffected);
18. re-registration after a termination declared by us or after a permanent suspension;
19. other content that is capable of significantly impairing the purpose of the Service or the legitimate interests of other Users.

(2) You are solely and fully responsible for the content you share via the Service and for the consequences arising from it. We are not obligated to proactively review User Content for legal violations. We reserve the right to review User Content voluntarily, without thereby assuming the content or adopting it as our own. We make no warranty as to its accuracy, permissibility, appropriateness, or quality. This also applies to content provided by third parties (e.g., content creators).

(3) There is no entitlement to the publication or continued availability of User Content.

§ 5. User Content and Grant of Rights

(1) You remain the owner of all rights to the protectable content you create ("User Content", in particular texts, photos, videos, profile information, posts, descriptions of hangouts, and other content that you share or create via the Service).

(2) You grant us a non-exclusive, royalty-free, worldwide right, limited in time in accordance with these Terms of Service, to use your User Content, in whole or in part, for the operation, provision, and further development of the Service, in particular to reproduce, process, adapt and otherwise modify, distribute, make available to the public, and communicate to the public. To the extent necessary, we may transfer or sublicense this right to service providers acting on our behalf. In the context of a corporate transaction (e.g., merger, transfer of assets), this right is transferable.

(3) For User Content that you share publicly, this right also includes presenting the Service within the Service and via our own channels, to the extent necessary to promote the Service. Any further use for advertising purposes will take place only with your separate consent.

(4) We do not use private messages, or content that you share only with selected Users, for advertising purposes. If you wish to voluntarily provide private User Content for our communications or advertising, you can grant us separate consent to do so.

(5) To the extent that you expressly release User Content for public use, we may also pass it on to cooperation partners and third parties, in particular for presentation in their media and services. The release is voluntary, and you may withdraw it at any time.

(6) You grant us the right to make details of your hangouts (in particular title, descriptions, categories, location, media content, and further information) available to other Users within the Service as a template for their own hangouts. This takes place only if you agree to these details being made available as a template within the Service.

(7) You warrant that you hold all necessary rights to your User Content and that it is not encumbered with third-party rights, in particular not with third-party copyrights, related rights, or personality rights ("Persönlichkeitsrechte") for which you do not hold the necessary rights. To the extent that you upload logos, trademarks, or other identifiers via the Service, you grant us the right to use them within your profile and for the presentation of your organization in the Service. This includes the right to grant the rights of use and sublicenses provided for in these Terms of Service, as well as the required consent of persons identifiably depicted.

(8) The grant of rights ends when the User Agreement ends (e.g., through termination) and your account is deleted.

(9) Uses that have already taken place or are ongoing, as well as anonymized or aggregated data, remain unaffected.

§ 6. Intellectual Property

(1) The Service (including software, design, databases, texts, media content, trademarks, logos, domain names, and other identifiers) is our intellectual property and/or that of our licensors, and is protected by copyright, trademark law, and other intellectual property rights. This also includes unregistered rights, trade secrets, and know-how.

(2) Upon conclusion of the User Agreement, you receive a limited, non-exclusive, non-transferable, non-sublicensable license, revocable in accordance with these Terms of Service, to use the Service in accordance with these Terms of Service on your personal devices for the term of the contract. Any use beyond this (in particular reproduction, distribution, adaptation, translation, or other exploitation) requires our prior approval at least in text form ("Textform", Section 126b BGB). In all other respects, we and our licensors reserve all rights.

(3) We expressly reserve our rights with respect to text and data mining (reservation of use pursuant to Section 44b of the German Copyright Act, UrhG).

(4) We may use ideas, suggestions, or other feedback you submit to us, without compensation and irrevocably, to further develop the Service.

§ 7. Moderation and Sanctions

(1) We may review User Content, including through the use of automated means, and, in the event of violations of these Terms of Service, our Community Guidelines, or applicable law, take measures, in particular removing content, modifying it, or restricting its visibility. Measures are taken at our reasonable discretion ("nach pflichtgemäßem Ermessen"), taking into account the severity, frequency, and circumstances of the violation as well as the legitimate interests of everyone involved. If we take measures against your content or your account, we will inform you without undue delay, stating the reasons. If automated means were used, we will point this out to you.

(2) In addition, we may warn the User, temporarily restrict features, temporarily or permanently suspend access, or terminate the User Agreement, to the extent that this is necessary and proportionate taking all circumstances into account. Before any measure that is more than insignificant, we will, as a rule, give you the opportunity to respond, unless this is not possible or cannot reasonably be expected for legal reasons, to avert acute danger, to prevent further legal violations, or for comparable urgent reasons. In such cases, we will provide the information and the opportunity to respond without undue delay afterwards.

(3) We are obligated to remove or restrict content to the extent that we are legally required to do so (e.g., in the case of a court order).

(4) If you believe that content violates these Terms of Service, applicable law, or your rights, you can report it via the reporting function provided in the Service, by email to support@itsaboutfriends.com, or via other reporting channels we offer. The report must include the following:

1. a comprehensible explanation of the violation;
2. sufficient identification of the content concerned, for example by a screenshot, deep link, or comparable description;
3. if desired, the username and email address of the person reporting (voluntary information).

Providing false or misleading information in a report may result in civil or criminal liability. We may defer reports that do not contain the above information, or do not contain it in full, until they are completed. We may reject manifestly unfounded or abusive reports without further processing. In the event of repeated misuse of the reporting system, we may temporarily or permanently suspend the processing of your reports and complaints.

(5) You can block other Users at any time directly in the app, in particular via the profile of the User concerned or via a piece of content originating from that User. Once you block a User, that User's content will, without undue delay and with immediate effect, no longer be shown in your feed, and the blocked User can no longer send you direct messages or view your profile. The block is also transmitted to us as a report, so that we can review the content and behavior of the blocked User and take any necessary measures under this § 7. Blocking is done solely by you and requires no justification. You can undo it at any time in the settings.

(6) You can lodge a complaint against measures under paragraphs (2) and (3) by email to support@itsaboutfriends.com or via other channels we offer. Complaints must be submitted within six months of notification of the measure, stating reasons.

(7) When processing reports and complaints, it may be necessary to pass on information (including the identity of the person reporting or of the person affected) in whole or in part to the respective other party, in particular in cases of possible legal violations. Such disclosure takes place only to the extent that it is necessary for proper processing and legally permissible.

§ 8. Limitation of Liability and Indemnification

(1) We are liable without limitation in cases of intent (willful misconduct) or gross negligence; for damage arising from injury to life, body, or health; under the German Product Liability Act (Produkthaftungsgesetz); to the extent that we have assumed a guarantee or fraudulently concealed a defect; and under other mandatory statutory provisions.

(2) In cases of slight negligence ("leichte Fahrlässigkeit"), we are liable only for the breach of material contractual obligations ("wesentliche Vertragspflichten").

(3) Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely, in particular providing access to the Service, the functioning of the core features, and appropriate protection of your User Content against access not in conformity with the contract.

(4) In the cases covered by § 8 (2), liability is limited to the foreseeable damage typical for this type of contract.

(5) For paid services, the foreseeable damage typical for this type of contract under § 8 (4) is limited, per damage event, to the amount of the fees paid by you in the twelve months preceding the event giving rise to the damage.

(6) The above limitations also apply to our legal representatives, employees, and auxiliary persons ("Erfüllungsgehilfen").

(7) Where we link in the Service to third-party websites, services, or content, or facilitate access to such offerings, we are not liable for their content, availability, or security, except to the extent that they are attributable to us under the statutory provisions. We do not adopt third-party content as our own.

(8) We are not liable for content posted by Users or otherwise originating from third parties, except to the extent that it is attributable to us under the statutory provisions. We are not liable for meetings, contacts, or other interactions between Users outside the Service, unless the damage results from a breach of duty for which we are responsible.

(9) You will indemnify us and our legal representatives, employees, and auxiliary persons ("Erfüllungsgehilfen") against claims by third parties asserted against us on account of unlawful content culpably posted by you or on account of any other culpably unlawful use of the Service by you. The indemnification does not apply to the extent that you are not responsible for the breach of duty or we are predominantly responsible for the legal violation ourselves. It includes the necessary costs of an appropriate legal defense. If a third party asserts claims against us, we will inform you without undue delay and, to the extent legally and factually possible, give you the opportunity to respond before we acknowledge any claims or reach a settlement.

§ 9. Premium Services, Payments, and Right of Withdrawal

(1) Use of the Service's basic features is free of charge. We may offer additional paid features. The applicable prices will be displayed to you before purchase. Supplementary terms, to which you expressly agree before purchase, may apply to individual paid services. The scope of features of paid services may be adjusted as part of the further development of the Service.

(2) Payment is processed via the Apple App Store, the Google Play Store, or a payment service provider engaged by us. For subscriptions concluded via a marketplace, the terms of use of the respective marketplace additionally apply. Subscriptions concluded directly with us run for the initial billing period displayed at the conclusion of the contract. They then renew for an indefinite period unless they are canceled by the end of the current billing period. After renewal, you can cancel the subscription at any time with a notice period of no more than one month.

(3) Refunds for services purchased via a marketplace (e.g., the Apple App Store or Google Play Store) are governed by the contractual terms of the respective marketplace. Your statutory rights remain unaffected.

(4) We reserve the right to change the prices for paid features. Price changes for existing subscriptions will be communicated to you at least four weeks before they take effect and apply only from the next renewal period. A price change takes effect only if you agree to it. If you do not agree, your subscription continues under the previous terms until the end of the current renewal period and is not renewed. You can cancel your subscription before the change takes effect. Existing paid subscriptions are not automatically ended by a termination of the User Agreement and must be canceled separately. § 10 (2) applies to the cancellation.

(5) Depending on the contract, you may have a right of withdrawal, for which we refer below to the statutory model wording. Your statutory warranty rights remain unaffected.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us, Friends App UG (haftungsbeschränkt), Rathenower Str. 36, 10559 Berlin, Germany, support@itsaboutfriends.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Friends App UG (haftungsbeschränkt), Rathenower Str. 36, 10559 Berlin, Germany

Email: support@itsaboutfriends.com

I hereby give notice that I withdraw from my contract for the provision of the following service:

• Ordered on/received on: [DATE]
• Name of consumer: [NAME]
• Address of consumer: [ADDRESS]
• Signature of consumer (only if this form is notified on paper): [SIGNATURE]
• Date: [DATE]

§ 10. Term and Termination

(1) The User Agreement is concluded for an indefinite period. Either party may terminate it at any time with immediate effect. You can submit your termination via the settings of the Service.

(2) Paid subscriptions and premium features are subject to their own cancellation rules:

1. Cancellation by you: Paid subscriptions concluded via the Apple App Store or Google Play Store can be canceled only via the respective app store. Subscriptions concluded directly with us can be canceled at any time with one month's notice. After cancellation, you retain access to the paid features until the end of the subscription period already paid for.
2. Termination by us: If we terminate the User Agreement by ordinary termination, you retain access to the paid features until the end of the paid subscription period. We will refund the portion of payments already made that is attributable to the period after the termination takes effect. The right to extraordinary termination for good cause (paragraph 3) remains unaffected; in that case, there is no entitlement to a refund.
3. Discontinuation of the Service: If the Service is permanently discontinued, existing subscriptions end automatically at the end of the respective subscription period. We will inform you in good time.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if you violate these Terms of Service, if an order of a public authority so requires, or if we permanently discontinue the Service. In the event of permanent discontinuation, we will inform you in advance.

(4) To protect your account or other Users, we may temporarily restrict your access if we detect unusual activity indicating a security risk.

(5) We are entitled to terminate the contract with you and delete your account if you have not used the Service for a continuous period of at least one year. The last sign-in to the Service counts as use. Before the planned deletion, we will notify you via the contact details linked to your account (e.g., phone number, email, or push notification) and give you the opportunity to keep your account active by signing in again. Deletion is carried out in accordance with our Privacy Policy.

(6) Upon termination of the contract, your account will be deactivated and, in accordance with our data protection deletion periods, deleted together with your User Content. There is no entitlement to the restoration of deleted data. Further claims remain unaffected.

(7) For the avoidance of doubt: existing paid subscriptions are not automatically ended by an ordinary termination of the free basic features and must be canceled separately. After cancellation of a subscription, you retain access to the paid features until the end of the subscription period already paid for. If the Service is permanently discontinued, existing subscriptions end automatically at the end of the respective subscription period.

(8) After termination of the contract, provisions that by their purpose are intended to continue to apply beyond the end of the contract remain unaffected, in particular those concerning the settlement of outstanding claims, as well as § 8, § 11 and § 13.

§ 11. Additional Terms for Users in the United States

(1) This § 11 applies to you only if you reside in the United States.

(2) DISCLAIMER OF WARRANTIES. For users in the United States, the following applies instead of § 3 (10) to (12):

OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR PARTNERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT ANY CONTENT PROVIDED ON OR THROUGH OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

WE DO NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON OUR USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

(3) LIMITATION OF LIABILITY. For users in the United States, the following applies instead of § 8 (2) to (6):

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR CREDENTIALS, ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

NOTHING IN § 11 (2) OR (3) EXCLUDES OR LIMITS OUR LIABILITY IN THE CASES SET OUT IN § 8 (1).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.

(4) NOTICE FOR NEW JERSEY USERS. IF YOU ARE A USER FROM NEW JERSEY, § 11 (2) AND (3) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

(5) Copyright Complaints: We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at support@itsaboutfriends.com (Subject line: "DMCA Takedown Request"). You may also contact the Copyright Agent by mail at:

Friends App UG (haftungsbeschränkt), Attn: Copyright Agent, Rathenower Str. 36, 10559 Berlin, Germany

To be effective, the notification must be in writing and contain the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
• identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we will promptly send a copy of the counter-notice to the original complaining party informing them that we will replace the removed content or cease disabling access to it in ten (10) business days. Unless our Copyright Agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the content on the Service, the removed content will be replaced, or access to it restored, not less than ten (10), nor more than fourteen (14), business days following receipt of the counter-notice.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

(6) Dispute Resolution by Binding Arbitration.

a. Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that, subject only to the below carve-out and to the maximum extent permitted by local laws, any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Carve-Out for Safety Claims.

Arbitration does not apply to claims that fraud, criminal misconduct, or gross negligence by us caused death or personal injury. Those matters may be brought in court or arbitration, at the claimant's choice, subject to these Terms.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Nothing in this section shall prohibit the AAA's consolidation of the administration of multiple claims pursuant to the AAA Rules.

c. Pre-Arbitration Dispute Resolution.

The requirements of this subsection (c) apply only before initiating arbitration. They do not apply to court proceedings and do not restrict communications with government agencies. Nothing in this subsection (c) expands the claims that may be brought in court under this Arbitration Agreement or applicable law.

You and we agree that, prior to initiating arbitration, you and we will attempt to negotiate an informal resolution of the dispute. Most disputes can be resolved informally. If you have an issue with the Service, you agree to contact us first and allow us at least 60 days to resolve the dispute before initiating arbitration. You can do this by contacting us at support@itsaboutfriends.com. In order for your informal resolution request to be valid and for us to respond, you must provide us with: your name, your email address, a statement that you are invoking the pre-arbitration informal dispute resolution process, the jurisdiction where you live (city and state, province, or county), your username, the specific amount of damages and/or other relief you are seeking, all supporting evidence in your possession that will help us resolve the dispute, links to or descriptions of the location of any evidence you know of but do not possess that will help us resolve the dispute, and whether you intend to pursue arbitration if we cannot resolve your dispute informally and, if so, what your claim will be in arbitration.

You agree that after you submit your informal resolution request, you will participate with us via telephone or videoconference, in a good-faith effort to resolve the dispute informally. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this subsection (c). You agree that participating in the informal dispute resolution process described in this subsection (c) is a necessary pre-condition to filing an arbitration demand. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

d. Arbitration Procedures.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. The arbitrator shall apply the law of the jurisdiction in which you reside. Except where applicable law requires a court to decide, all issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you, unless the arbitrator determines your claims were frivolous. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

f. Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

g. Opt-Out.

If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@itsaboutfriends.com with your first and last name and stating your intent to opt-out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including without limitation the provisions regarding controlling law or in which courts any disputes must be brought.

h. Survival.

This Arbitration Agreement shall survive termination, expiration, or rescission of these Terms.

(7) Notice for California users. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

§ 12. Amendments to These Terms of Service

(1) We may amend these Terms of Service with effect for the future to the extent that this is objectively justified, in particular due to a changed legal situation or new technical developments. Purely editorial changes (e.g., corrections of typographical errors or adjustments to the numbering) and clarifying adjustments that do not change the substantive content of the provisions are not amendments within the meaning of this paragraph. Modifications of the Service and its features are governed by § 3 (9).

(2) We will inform you of amendments in text form at least four weeks before they are planned to take effect. The amended Terms of Service take effect only if you actively agree to them. If you do not agree, the existing contract remains unchanged. In that case, we are entitled to terminate the contract with four weeks' notice, effective as of the date the amendment takes effect, provided that the amendment is necessary for a valid reason and that continuing the contract without the amendment would be unreasonable for us, taking your legitimate interests into account. We will specifically draw your attention to these legal consequences in the amendment notice. Your right to terminate at any time in accordance with § 10 remains unaffected.

(3) Amendments to the Community Guidelines are made according to the same standards and with the same procedure as amendments to these Terms of Service.

§ 13. Final Provisions

(1) Except as provided for users in the United States in § 11 (6), the law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) Mandatory consumer protection law of the country in which you have your habitual residence remains unaffected.

(3) We are entitled to transfer our rights and obligations under the User Agreement to a company affiliated with us or to a legal successor in the context of a corporate restructuring or corporate transaction, provided that this does not result in any material disadvantages for you. Otherwise, a transfer to other third parties requires your consent. We will inform you of any such transfer.

(4) Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected.

(5) We are not willing and not obliged to take part in dispute resolution procedures before a consumer conciliation body ("Verbraucherschlichtungsstelle").

(6) These Terms of Service are provided in German and English. The governing version is the language version that was presented to you at the conclusion of the contract and to which you agreed. The contract languages are German and English.