Last updated: 5 January 2018
These Terms govern the use of the App and shall apply to all End-Users using it.
“App” means the mobile application Gofrendly provided by us, available on Android and iOS, with the purpose of helping its users to make new friends.
“End-User” means the individual using the App.
“Premium” means a premium subscription to use all features without certain limitations, as available for purchase in the App.
“we”, “us” and “our” means Gofrendly AB.
“you” and “your” means the End-User.
“Your Content” means any text, message, picture, video, link, data, and other information that you submit, upload, post, publish, communicate, display or otherwise handle through the App, as well as any such information you authorize us to access from your Facebook or Google account.
2 ACCEPTANCE OF TERMS
2.1 Prior to using the App, you must have read, understood and accepted the Terms. By clicking ‘I agree’ during account creation, you agree to strictly adhere to the Terms and to be legally bound to the Terms in relation to us.
2.2 We reserve the right to modify these Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the App after such notification constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use the App.
2.3 You can access the latest version of these Terms at any time at www.gofrendly.com/terms-of-use.
3.1 The App is intended for women and those who identify themselves as women.
3.2 You may only use the App if you are at least 18 years old.
4 ACCESS TO THE APP
4.1 In order to get access to the App, you need to login using your Facebook or Google account. When doing so, you authorize us to access certain data from such account, such as name, gender, email, country of residence and profile picture, to create your account for the App. You are responsible for providing accurate, current, and complete information when using the App.
5 RIGHT TO USE THE APP
5.1 Upon account creation and acceptance of the Terms, we grant you a non-exclusive, limited license to use and copy the App onto your device(s) in accordance with the Terms and any applicable Apple App Store or Google Play Store Terms and Conditions, for as long as you have a valid account with us.
5.2 Except as expressly granted in the Terms, you shall have no other rights to the App. All rights not expressly granted are reserved and retained by us.
6 LICENSE GRANT AND ACCESS RIGHTS
6.1 You grant us a worldwide, non-exclusive, transferable, and royalty-free right to use, reproduce, modify, transfer, make available to the public, publish, create derivative works from, and publicly display Your Content.
6.2 In order for the App to function properly, you grant us the right to use the processor, mobile data, storage, location service, camera, screen, microphone, accelerator and vibrate function on your device, as well as send you push notifications.
7 CONSUMER RIGHTS
7.1 The Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
7.2 Consumers in the EU have a statutory right of withdrawal in accordance with applicable EU law. However, Premium subscriptions are digital content not supplied on tangible media. The right of withdrawal vested with consumers does not apply to such digital content. If you as a consumer purchase Premium, you acknowledge and expressly agree that you will lose your right of withdrawal as soon as your account has been upgraded to Premium.
8 YOUR RESPONSIBILITIES
8.1 When using the App, you undertake to comply with the Terms and any applicable guidelines. Further, you may only use the App in accordance with applicable law or regulation. You may not use the App in a way that causes us, other End-Users, or any third-party harm.
8.2 Your account is for your own use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of the login credentials used to login in the App.
8.3 You are solely responsible for Your Content communicated or transmitted through the App and your account. You may not use, communicate or publish any information (including Your Content) that:
A) may violate the integrity of, intimidate or offend another person, or may challenge criminal actions;
B) contains or depicts anything that is immoral, intrusive, unethical, or could reasonably be expected to be used for such immoral, intrusive, or unethical purposes;
C) is subject to any third party intellectual property rights that have not been granted to you for this use; or
D) is not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
8.5 You may not use, copy or transfer the App, or parts thereof, other than as permitted under the Terms. You may under no circumstance alter, develop, or create additions to the App. You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App, or create backup copies, except as provided by mandatory law. You may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the App.
8.6 You may not alter or remove any proprietary notices from the App regarding patents, copyright, trademark or other intellectual property.
9.1 You warrant that Your Content is free from any third party dependencies or third party rights and that you have the right to grant us the license herein. Further, you warrant that our use of Your Content will not infringe any third party intellectual property rights.
9.2 You warrant that Your Content is in compliance with the Terms, as well as applicable laws and regulations.
9.3 If you are notified of or otherwise become aware of any claims related to the aforementioned warranties, you shall immediately inform us thereof and shall assist us in any actions that we see fit to take.
9.4 Further, you represent and warrant that the posting and use of Your Content does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, trade secrets, know-how or any other rights of any person or company, and that the posting of Your Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any third party relating to Your Content.
10 TERMINATION OF ACCOUNT
10.1 You may terminate your use of the App and close your account at any time. These Terms will apply until your account has been closed. Information on how to close your account can be found in the App.
10.2 We reserve the right, in our sole discretion, to terminate your account and your right to use the App without liability for any damages in relation to you.
12.1 We care about your safety and strive to keep the App a safe, respectful, and friendly place. If you want to report any misconducts, or if you suspect that an End-User is not eligible to use the App, please contact us using the contact details herein, or use the report function in the App.
12.2 We do not conduct any criminal background checks or control the identity of End-Users. When you interact with other End-Users – especially if you communicate or meet outside of the App –be careful and cautious.
12.3 You should never provide other End-Users with your passwords, credit card or bank account details, or transfer any money to other End-Users.
13 INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights such as copyrights, trademarks etc. which subsist in the App are owned by us and protected by applicable law.
13.2 The marks and trademarks “Gofrendly” and the Gofrendly logo are marks owned by us. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing in the App are the properties of their respective owners. You acknowledge the rights of us and the respective third parties in those marks and that you may not copy or use any of these marks, logos, or trade names without the prior written permission of the respective owner.
14 NO WARRANTY
14.1 THE APP AND ANY CONTENT CONTAINED AND MADE AVAILABLE THROUGH THE APP, INCLUDING TEXT, PHOTOS, INFORMATION, LINKS, OR OTHER ITEMS ARE ALL PROVIDED ”AS IS” AND ”AS AVAILABLE”.
14.2 WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP. WE DO NOT ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, INFORMATION, OPINION, OR STATEMENT POSTED OR MADE BY ANY END-USER THROUGH THE APP. WE DO NOT WARRANT THAT YOUR USE THE APP WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.
15 LIMITATION OF LIABILITY
15.1 WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER END-USERS OR THIRD PARTIES.
15.2 OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO 1000 SEK. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
16.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE APP AND/OR YOUR VIOLATION OF THESE TERMS.
17 TERMS APPLICABLE IF YOU USE THE APP ON APPLE DEVICES
17.1 You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
17.2 Apple Inc. will not provide any support.
17.3 IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE APP INFRINGES A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENCE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
17.4 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER UNDER THE TERMS.
18.1 We may, at our own discretion and at any time, alter, modify, correct, amend and make all other changes to the App, as well as remove access to or terminate the App, without prior notice or any liability to you.
18.2 We reserve the right to, without prior notice and without compensation, remove any material (including Your Content) that we find obscene, contains inappropriate material and/or in any other way could violate the Terms, Swedish law and/or may infringe someone else’s intellectual property rights.
18.3 You agree that we may communicate with you by sending e-mail to the e-mail address you have registered with us or by providing information to you through our App (including push-notifications), regarding these Terms, the App, customer service matters, or any other communications related to your use of the App. You agree to make sure that the e-mail address you have registered with us is accurate.
18.4 You are not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from us, if not explicitly allowed to under the Terms.
18.5 We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Gofrendly AB, or a third party in connection with a transfer of all or substantially all of Gofrendly AB’s assets.
18.6 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT.
18.7 The Terms constitute the entire agreement between you and us on all issues to which the Terms relate. However, if you have a separate agreement with us regarding the App, the terms of such an agreement shall prevail over these Terms in case of contradictions.
19 LAW AND VENUE
19.1 The Terms shall be construed in accordance with and governed by the laws of Sweden, without regard to its conflict of law provisions.
19.2 If you are a consumer within the EU and you want to make a claim regarding the App, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden, Box 174, 101 23 Stockholm, arn.se, or the equivalent in your EU country of residence. For more information, please visit https://ec.europa.eu/consumers/odr/.
19.3 Any dispute, controversy or claim arising out of or in connection with the Terms shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.
20 CONTACT INFORMATION
20.1 If you have any questions regarding the Terms, or any question, complaint or claim, please contact us at:
Gofrendly AB, reg. 559050-9252
Address: Hornsbergs Strand 21, 11217 Stockhollm