Preamble

The following terms and conditions govern the relationship between SL Innovations GmbH (hereinafter also referred to as “SL Innovations”) and the users and customers of its telemedia services (hereinafter referred to as “users”). They set out the conditions under which the “Friendos” app is used.

Acceptance of the contract on the terms and conditions

By creating an account or using Friendos, whether via a mobile device, mobile application or computer (collectively, the “Service”), the User agrees to the following Terms and Conditions.

SL Innovations may make changes to this Agreement and the Service from time to time. The reasons for such changes may be manifold, for example adaptations to changes in the law, new functions or changes in business practices. The current version of these terms and conditions is the valid version. If the changes have a significant impact on your rights or obligations, we will inform you of these changes in an appropriate manner, for example via notifications in the Service or by e-mail. If you continue to use the Service after the changes become effective, you agree to the revised Agreement.

Access

Access to the database and the services of SL Innovations is granted after the user has registered. A password and user name chosen by the user are required for registration. In addition, the user’s e-mail address must be entered and the registration form must be completed in full.

As an alternative, SL Innovations offers a third-party connect function (e.g. via Apple ID). When registering via the connect function of a third-party provider, the respective profiles of the user are transferred to the SL Innovations database. When registering via the Connect function of a third-party provider, the user must accept the respective terms and conditions of the third-party provider.

Authorization

Persons who are not of legal age or acting on behalf of a third party are excluded from using the services of SL Innovations. If SL Innovations has reasonable grounds to suspect that a person is not eligible to participate, SL Innovations is entitled to verify the person’s identity by requesting official documents. Ineligible users will be excluded from using the services of SL Innovations and the database.

By creating an account and using the service, the user declares and warrants that:

he is able to enter into a binding contract with SL Innovations;
he will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
he has not at any time committed a felony or a misdemeanor (or a crime of similar gravity), a sex offense or a crime involving violence and that he is not listed as a sex offender on any state, federal or local sex offender registry.

Termination of membership

A user is entitled to delete his profile at SL Innovations at any time without giving reasons. In addition, SL Innovations reserves the right to refuse the registration of a user without giving reasons. If a user violates these General Terms and Conditions, SL Innovations may terminate the membership at any time without notice. Upon termination of membership, all obligations of the operator to store the user’s data end, unless statutory retention periods require storage.

Modification of the services

SL Innovations is always looking to improve the Service and provide users with additional functionality that they find appealing and useful.This means that SL Innovations may from time to time introduce new product features or enhancements and remove some features.If these measures do not have a significant impact on the rights or obligations of the users, SL Innovations may carry them out without informing the users in advance.SL Innovations may even suspend the service altogether, in which case users will be notified in advance, unless extenuating circumstances, such as security concerns, prevent this.

User obligations at SL Innovations

Responsibility for registration information: The user is solely responsible for the content of his/her registration and other personal details.He must ensure that the data provided is truthful and adequately describes him.Intentional or fraudulent misrepresentation may have consequences under civil and criminal law and entitle SL Innovations to immediately block the user profile without affecting SL Innovations’ right to remuneration.

Purpose of use: The user assures that he/she will not use the services of SL Innovations for business or commercial purposes, in particular for advertising purposes. The user is prohibited from reading the content and profiles of other users manually or through computer programs in order to use the data thus obtained for commercial purposes.

Confidentiality of access data: The user is obliged to treat his/her access data confidentially.If access data is disclosed to third parties, the user shall be responsible for all resulting consequences. If there is any suspicion of disclosure, the user must inform SL Innovations immediately and take measures to prevent further misuse (e.g. by changing the password).

Prohibition of explicit content: Users are prohibited from disseminating explicit content in any form.

Restrictions on the use of the services:

• No distribution of defamatory, racist, inciting or illegal material.
• No requests for illegal pornography.
• No threats, harassment or violation of the rights of other users.
• No insertion of data-damaging content such as viruses into the system.
• No use of the services in a way that impairs the availability of the services for others.
• No interception or attempted interception of e-mails or messages.
• No sending of chain letters or commercial messages without authorization.
• No publication of addresses, telephone numbers, e-mail addresses or URLs in profile data.
• No collection, storage or processing of personal data of other users.

Consequences of breaches of duty: Failure to comply with the above obligations or other regulations set out in the GTC entitles SL Innovations to immediately block the user’s access and to terminate the contract without notice.

Contractual penalty for commercial use: If the user associates business interests with the contractual relationship or uses the data for commercial purposes without the permission of SL Innovations, he is obliged to pay a contractual penalty of CHF 1,000.00 per proven infringement. Any further claims for damages remain unaffected.

Compliance with the photo/image guidelines: The user must also comply with SL Innovations’ photo and image guidelines.

Breach of user obligations

Should the user violate these General Terms and Conditions, SL Innovations is entitled to terminate the membership without notice at any time. In this case, the user’s account will be deleted.

Communication

SL Innovations sets up an electronic mailbox for each user under their account/profile. This mailbox is used for contact with other users and for the transmission of service messages by SL Innovations. Additional messages from SL Innovations to the user will be sent via the e-mail address provided by the user.

A chat is made available to users for the mutual exchange of information in text form. Users are responsible for ensuring that their communication is appropriate and that they use appropriate language. Sexually offensive language at the beginning and insinuations during communication must be avoided.

A chat can be started by the user at any time.

Users receive preset push notifications that include notifications of chat messages received, friend requests or similar. These notifications can be deactivated in the app settings.

SL Innovations offers a pure entertainment platform where users can experience exciting and entertaining real-life encounters.

Advertising and newsletter

By registering with SL Innovations, the user expressly agrees that messages containing information about Friendos as well as information about other users may be sent to him/her. The user is entitled to stop the sending of these messages at any time.

Prohibition of commercial or business use, prohibition of spamming

The user assures that he/she is not pursuing any commercial and/or business objectives in connection with his/her use of Friendos. He undertakes not to use the SL Innovations website and mobile app for commercial or business purposes. Prohibited activities include in particular

The offering of goods or services for monetary value, the request to submit a corresponding offer or the reference to a corresponding offer accessible elsewhere.

Advertising for commercial or business websites or apps, in particular those that offer goods or services for a fee, serve to present or advertise companies or promote other commercial portals. This applies in particular to the advertising of companies in the form of pop-ups, banner advertising or through particularly highlighted or conspicuous links.

Making contact for the purpose of subsequently making a profit, in particular through subsequent references to 0900 numbers or value-added SMS numbers.

The user further undertakes to refrain from advertising commercial offers in any form to other users of the service or other users and from sending messages that serve a commercial or business purpose. This also applies to the setting or naming of links in publicly accessible profiles or to the sending of messages using the internal message exchange systems (e.g. message dispatch, forums and profile data).

Compensation for damages

Lump-sum compensation: A user who uses Friendos for commercial or business purposes within the meaning of the above points without the permission of SL Innovations undertakes to pay a lump-sum compensation in the amount of CHF 5,000. In this case, the user is permitted to prove that no damage has occurred at all or that the damage is significantly less than the lump sum. SL Innovations reserves the right to prove that it has incurred higher damages as a result.

Compensation for breach of user obligations: In the event of an intentional or grossly negligent breach of the aforementioned user obligations, the user undertakes to pay compensation to SL Innovations, insofar as the breach does not already justify a lump-sum compensation in accordance with paragraph 1 of this point. The user is also permitted to prove that damage has occurred.

Amendment of the General Terms and Conditions

SL Innovations reserves the right to change these General Terms and Conditions (GTC) at any time, provided that this does not affect essential provisions of the contractual relationship and this is necessary to adapt to developments which were not foreseeable for SL Innovations at the time of conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. Essential regulations are in particular those concerning the type and scope of the agreed services as well as the term, including the regulations on termination. SL Innovations is entitled to make changes in order to close gaps in the contract, in particular due to legal changes and changes in case law.

Liability of SL Innovations

• SL Innovations assumes no responsibility or guarantee for the accuracy and security of the data and content published or transmitted by other users. SL Innovations also assumes no liability for the accuracy of the content of user profiles. Despite the prohibition, users may enter incorrect or illegal information and content or use the services of SL Innovations for inadmissible or illegal purposes.
• SL Innovations offers an IT service with access to the database and does not owe any specific success. Since SL Innovations has no influence on the transport of data via the Internet outside its own IT infrastructure and due to the peculiarities and uncertainties of the Internet, SL Innovations cannot assume any liability for external data loss and/or errors in the area of data transmission. SL Innovations is not liable for failures of the offer that are beyond its control (e.g. due to force majeure or technical malfunctions of the Internet).
• SL Innovations also assumes no liability for the misuse of information that the user has made available to third parties. SL Innovations is also not liable for the unauthorized acquisition of knowledge by third parties of personal data of users (for example through unauthorized access to the central database), unless SL Innovations has enabled the unauthorized acquisition of knowledge through gross negligence or intentionally.
• SL Innovations is only liable for intent and gross negligence – except in the case of breach of essential contractual obligations, injury to life, body or health or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
• In the event of a slightly negligent breach of an essential obligation which is necessary to achieve the purpose of the contract (cardinal obligation), the liability of SL Innovations is limited to the amount of damage which is foreseeable and typical for the type of transaction in question.
• The above limitation of liability also applies to the personal liability of employees, representatives and organs of SL Innovations.

Rights

The user grants SL Innovations a non-exclusive, transferable, spatially unlimited and temporally limited to the term of the contract simple right of use to the content created or posted by him on the database, including images, texts and videos.

The user assures that the content posted or created by him and its use do not infringe any rights of third parties, in particular copyrights or other industrial property rights.

Data protection

SL Innovations collects, processes and uses the user’s personal data as described in these terms and conditions and in the privacy policy. The storage of personal data is based on the legal requirements.

Storage and deletion of data

SL Innovations retains personal data only for as long as permitted by applicable law.

Messages in conversations: Messages are deleted after 90 days unless the respective conversation partner has been marked as a favorite. Conversations that are marked as favorites are retained in full.

Deletion of profiles and messages: If a user deletes their profile or messages in conversations, this data is always permanently and permanently removed from the SL Innovations system, except in the following exceptional cases:

Legal retention obligations: Data that must be retained due to legal requirements, such as for tax and accounting purposes for app purchases.

Proof of legal compliance: Data required to prove compliance with legal regulations, e.g. information about a user’s behavior in the event of a profile lock.

Outstanding issues, claims or disputes: Where there is an ongoing issue, claim or dispute that makes it necessary for relevant information to be retained.

Legitimate business interests: Information needed for legitimate business purposes, such as fraud prevention or improving user security.

Caution: Even if a user deletes their profile or conversations, copies of this information may still be visible and/or accessible if this information has previously been shared with others, copied or saved by other users or linked to search engines. SL Innovations cannot control this and accepts no liability for such cases.

Final provisions

The legal relationships existing between SL Innovations and the user are subject to Swiss law, subject to mandatory provisions. The place of jurisdiction for all claims arising from this contract is Zurich, unless the user is a consumer. The applicability of mandatory provisions of the state in which the user has his habitual residence or domicile at the time of conclusion of the contract remains unaffected.

Should individual provisions of these General Terms and Conditions be invalid or incomplete, this shall not affect the validity of the remaining General Terms and Conditions.

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