TERMS AND CONDITIONS
of recross
recross is licensed to You (End-User) by recross GmbH for use only under the terms of these Terms and Conditions.
By downloading recross from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”
By accepting these Terms and Conditions you enter into a contract with us (recross GmbH).
The parties of the Terms and Conditions acknowledge that the Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. recross GmbH, not the Services, is solely responsible for the Licensed Application and the content thereof.
These Terms and Conditions may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). recross GmbH acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
recross when purchased or downloaded through the Services, is licensed to You for use only under the terms of these Terms and Conditions. We reserve all rights not expressly granted to You. recross is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
The terms (“us”, “we”, the “company” or “recross”) refer to recross GmbH.
TABLE OF CONTENTS
1. recross APP (Application)
2. SCOPE OF recross AND COPYRIGHT
3. TECHNICAL REQUIREMENTS AND AVAILABILITY
4. USE OF DATA
5. PAYMENT TERMS
6. YOUR ACCOUNT
7. GUIDELINES
8. USER-GENERATED CONTRIBUTIONS – YOUR CONTENT
9. CONTRIBUTION LICENSE
10. LIABILITY
11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
12. TERMINATION
13. INTELLECTUAL PROPERTY RIGHTS
14. APPLICABLE LAW
15. MISCELLANEOUS
16. CONTACT INFORMATION
1. recross APP (APPLICATION)
recross (“Licensed Application”, „App“, „recross“) is a piece of software created to Meet people in the real world — and customized for iOS and Android mobile devices (“Devices”). It is used to dating, meeting people, friends, events.
2. SCOPE OF recross AND COPYRIGHT
You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with recross GmbH’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with recross GmbH’s prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
You further acknowledge that recross may from time to time ask you for suggestions, ideas, and feedback, and that you will have no ownership rights in such suggestions, ideas, and feedback if recross incorporates them. By submitting your suggestions, ideas and feedback, you transfer all ownership rights to recross GmbH.
3. TECHNICAL REQUIREMENTS AND AVAILABILITY
recross is constantly evolving, so adjustments may be necessary. We therefore reserve the right to change or amend these Terms and Conditions at any time. In such a case, these changes or additions will be published on this page and marked by updating the date. In such a case, we may also require you to agree to the changes or additions again. If your rights or obligations are affected by the changes or additions, we will notify you within a notice within the Service. By continuing to use recross, you agree to and accept the most current version of the recross Terms and Conditions.
We make every effort to keep recross up to date so that recross is compatible with modified/new versions of firmware and new hardware. However, you are not entitled to such updates.
You acknowledge that it is your responsibility to make sure that the terminal device on which you want to use recross meets the technical specifications mentioned above.
We reserve the right to change the technical specifications at any time at our sole discretion.
recross GmbH is neither explicitly nor implicitly obligated to provide maintenance, technical or other support for the recross app.
recross GmbH and the End User acknowledge that the Services have no obligation to provide maintenance and support services with respect to recross.
4. USE OF DATA
You acknowledge that we may access and customize the recross content you download and your personal information, and that our use of such materials and information is subject to your legal agreements with us and our Privacy Policy: https://recross.io/datenschutzbestimmungen/.
You acknowledge that we may periodically collect and use technical data and related information about your device, system, application software, and peripherals to provide product support, facilitate software updates, and provide other recross-related services to you (as applicable). We may also use this Information to improve recross or to provide you with other recross services or technologies, as long as it is in a form that does not personally identify you.
5. PAYMENT TERMS
It may happen that recross offers you products or services that require payment for purchase via the App Store or the Google Play Store or PayPal (“in-app purchases”). If you decide to purchase such a product as an in-app purchase, you will be prompted to confirm your purchase via your chosen payment provider. You will also be required to select your preferred payment method for In-App Purchases and confirm it with the appropriate payment provider, thereby charging your payment method.
You may subscribe to some of these products or services. Some of these products or services may be offered to you by recross as automatically renewing subscriptions.
If you do not cancel such a subscription in time, your subscription will automatically renew at the end of the subscription period at recross’ current price.
You will be informed about any price changes of the paid products and services, and you will be granted a right to cancel.
If you wish to avoid such a fee, you are obligated to cancel your subscription in a timely and proper manner. Deleting your recross account does not automatically terminate such subscription.
If you do not cancel your subscription and a price change has taken place, you agree that your payment method will be charged at the current prices.
You may cancel your subscription at any time up to one day prior to the renewal of your subscription. Cancellation can be done either through the third party store through which you purchased the product or service. There you must follow the respective instructions of the third party store.
If you purchased your subscription through recross, you can cancel your subscription there in the settings.
You can use your current subscription until the end of the period.
If you have previously signed up for a free trial and do not cancel, your subscription will automatically renew under the above terms.
Please note that refunds of your in-app purchases are not available. Not even if you do not use your subscription.
6. YOUR ACCOUNT
To create an account at recross, you can register with your phone number.
By registering, you agree that we may send you a notification with a registration code.
You must also be at least 18 years old to create an account with recross.
You are solely responsible for protecting access to your account and for all activities that occur under your account. If you suspect that someone else has gained access to your account, please contact recross support immediately: info@recross.io.
You are free to delete your account at any time in the settings of recross under “DELETE ACCOUNT”.
7. GUIDELINES
By these Terms and Conditions, you agree when creating your account that:
1.you are at least 18 years old.
2. you will comply with all applicable laws, including but not limited to privacy laws, criminal laws, anti-spam laws, equal protection laws, and intellectual property rights.
3. you use your real name and age.
4. you do not falsify your identity or the personal data required for registration.
5. you use recross in a professional manner
6. you are polite and respectful to other users.
7. you do not share any data, data, postings or information unless you have permission to do so.
We are not responsible for, nor do we have any control over, the things that recross users say, write or do. Therefore, the sole responsibility of the interactions between you and other users rests with you alone.
You further agree that we, recross GmbH, do not conduct criminal background checks on our users. We do not investigate the backgrounds of our users, nor do we attempt to verify the statements of our users. We also make no representations or warranties regarding the conduct of our users or their compatibility with current or future users. We also reserve the right to conduct any criminal or other investigation at any time and to use available public records for any purpose.
8. USER-GENERATED CONTRIBUTIONS – YOUR CONTENT
In recross, you may chat with your contacts, chat, contribute to or participate in internal blogs, message boards and other features, and recross may allow you to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials in recross, including, but not limited to, text, writings, videos, audio files, photos, graphics, comments, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of recross and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of recross in violation of the foregoing violates the Terms and Conditions and may result in, among other things, termination or suspension of your rights to use recross.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of recross or making Contributions accessible to recross by linking your account from recross to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. LIABILITY
recross takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of these Terms and Conditions. You are aware that if you modify or tamper with recross, you will no longer have access to recross.
Furthermore, we provide the service of recross without any warranty for defects. This means that neither recross nor the Website will function free of defects/bugs, uninterruptedly, reliably, and/or without security vulnerabilities. The same applies to content provided by us, you, or other members.
The liability of recross for incorrect information provided by you or other members when registering and/or answering the questionnaire and thus also the accuracy of the similarity score is excluded.
The liability of recross is also excluded for information misused by you or other members. If you or other members use recross in an unlawful or improper manner despite being prohibited from doing so, we take no accountability or responsibility.
The use of our services is at your own risk. The liability of recross is also excluded if other members misuse your data, information and/or content that you share and/or make available on recross.
The liability of recross GmbH for personal injury and property damage caused by negligence is excluded. This does not affect the liability for damages caused by gross negligence or intent.
Furthermore, we expressly point out that we cannot be held liable by third parties or by our users for any damages or losses incurred as a result of a gathering through the creation of a feed post to a location.
You acknowledge that such gatherings originate from other users and that recross is merely acting as an intermediary by providing the platform. Again, we are not responsible for the accuracy, safety, quality or legality of such invitations.
It is your responsibility to conduct appropriate due diligence prior to a gathering to ensure that the gathering meets your own requirements and expectations. In particular, you should inform yourself about safety precautions, liability insurance, and any risks that may be associated with the use of the venue.
You accept that you use recross at your own risk and that we cannot be held liable for any injuries, damages, losses or other claims directly related to the use of recross or any gathering to a location mediated by the feed contribution.
recross assumes no responsibility or liability for any infringement of third party rights, damage to property or other consequential damages resulting from a gathering or meetup to a location created by the feed contribution.
Users who create and participate in such a gathering at a location through the feed post are responsible for any infringement of third party rights, damage to property or other consequential damages resulting from a gathering to a location created through the feed post.
In the event that you or a third party make any claim against recross GmbH arising out of or in any connection with any gathering to a location, you agree to indemnify us from and against any and all claims, demands, damages, losses, costs or expenses (including reasonable attorneys’ fees) incurred by us as a result of such claim.
11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
These terms are an exclusive agreement between you and recross GmbH and not between you and the third party provider (services). Only recross GmbH bears the exclusive responsibility for recross and its contents.
Only recross GmbH and not the third-party provider (services) is responsible for the maintenance and support of recross.
recross GmbH and you, as the end user, acknowledge that recross GmbH, and not the third party provider (services), is responsible for the assertion by you of any claims by the end user or third parties (services) in connection with recross, including but not limited to:
(i) product liability claims;
(ii) claims arising out of recross’ failure to comply with applicable legal or regulatory requirements; and
(iii) claims arising under consumer protection, privacy or similar laws.
recross GmbH represents and warrants that recross GmbH will comply with applicable third-party terms of agreement when using recross.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
12. TERMINATION
These terms are valid until terminated by recross GmbH or by you. Your rights under this agreement will terminate automatically and without notice from recross GmbH if you fail to adhere to any term(s) of the Terms and Conditions. The termination also includes removing access to your account and all related content and information and destroying all copies of recross altogether.
13. INTELLECTUAL PROPERTY RIGHTS
recross GmbH and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, recross GmbH, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
Furthermore you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding recross (“feedback”) provided by you to us are non-confidential and shall become our sole property as mentioned in Section 2 of these Terms and Conditions. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these feedbacks for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such feedback, and you hereby warrant that any such feedbacks are original with you or that you have the right to submit such feedbacks. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your feedbacks.
14. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions.
If you are domiciled in the European Union, the law of the country in which you are domiciled may apply, insofar as this concerns mandatory provisions.
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. recross does not participate in dispute resolution proceedings before consumer arbitration boards. In this respect, there is no legal obligation.
15. MISCELLANEOUS
Any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
16. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
info@recross.io
These Terms and Conditions were created in part using Termly’s EULA Generator.
Effective date
The Terms an Conditions were last updated on: 18th June, 2023