The General Terms and Conditions set out here act as the legal framework for the contractual relationship between Tiver.me and the users who use Tiver.me’s services and define the conditions under which the Tiver.me services are used.
By registering with Tiver.me in the mobile apps for iOS and Android, the user agrees to the Terms and Conditions listed here. If the user does not agree with the Terms and Conditions, registration and use of Tiver.me must be waived.
2. Contracting Parties and Scope of Application
2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply between Christoph Rothermel, Seydlitzstraße 2/1, 89077 Ulm, Germany (hereinafter referred to as “Tiver.me”, “supplier”, “we” or “us”) and the customer (hereinafter referred to as “user”). The subject matter of this contract is the use, free of charge or against payment, of the services offered by us via our websites and mobile apps (hereinafter referred to as “Tiver.me”).
2.2 Tiver.me is aimed exclusively at private individuals. Any commercial or business use is not permitted.
2.3 Terms and conditions of users or terms and conditions of the user which deviate from these General Terms and Conditions do not apply. Deviating provisions require the explicit consent of Tiver.me in text form.
3. Conclusion of Contract
3.1 By creating a user account through registration in the respective mobile apps, the contract between Tiver.me and the user is concluded.
3.2 The user can register by filling out the registration form. The registration form is located within the mobile apps of Tiver.me.
3.3 The use of Tiver.me is free of charge and is financed by advertising. The user can activate paid functions by purchasing a subscription.
3.4 Only one user account may be created per user. Re-registration of users blocked by Tiver.me is prohibited.
3.5 Use is only permitted for natural persons of full age.
3.6 Sex offenders are not permitted to use Tiver-me. In Germany, these are persons who have been convicted of sexual offences (§§ 174 to 180 or § 182 or §§ 180 a, 181 a, 183 to 184g StGB) or according to the criminal offences which are also particularly relevant for the protection of children and young people (§§ 171, 225, 232 to 233 a, 234, 235 or 236 StGB) or their respective regional equivalents.
4. Services and Prices
4.1 Tiver.me network
Tiver.me offers the user access to a network of Tiver.me user profiles. This can be used to get to know other people and to build friendships and relationships. The network can be accessed via the mobile apps for IOS and Android. The network contains profiles with photos and information about other users which can be displayed in lists sorted by likes. Registered Tiver.me users can access these profiles and information and contact other users.
4.3 The scope and functionality prior to the Tiver.me platform may be changed by Tiver.me at any time. If essential functions of the Tiver.me platform are lost, the user has a special right of termination.
4.4 Tiver.me strives for a high availability of the Tiver.me services. Nevertheless, downtimes may occur, which are due to maintenance work and software updates, among other things. In addition, downtimes may occur due to technical or other problems which are beyond Tiver.me’s control, such as force majeure. In order to use the Tiver.me platform, the user must use a current Android or iOS version, otherwise it is possible that the use of the Tiver.me platform may be limited.
5. Functions, subscriptions, virtual goods subject to charges
5.1 General functions subject to charges
In the Tiver.me apps, the user can purchase various paid functions, such as subscriptions and virtual goods.
5.1.1 Before the final purchase, the user will be shown the valid price of the chargeable function. The terms and conditions of the respective chargeable functions will apply.
5.1.2 Chargeable functions can be bound to the user account.
5.1.3 Chargeable functions can have a fixed term.
5.1.4 The purchase of chargeable functions may only take place in the area (within or outside the European Union) in which the user usually stays.
Subscriptions are paid functions with a term of validity.
5.2.1 A subscription booked by the user is automatically renewed after the period of time chosen by the user if it has not been cancelled in due time.
5.2.2 Subscriptions are contracts independent of the user account, unless the subscription conditions provide for a binding relationship with the user account.
5.2.3 A subscription can be transferred from one user to another user account. For this purpose, Tiver.me must be notified of the new user account.
5.2.4 The period for cancellation of a subscription is 24 hours before the end of the subscription for both parties.
5.2.5 After termination, the user may continue to use the user account without the paid functions included in the subscription. Thus the user account remains unaffected by the cancellation of the subscription.
5.2.6 If the subscription was taken out via iTunes, the Apple App Store or Google Playstore, the subscription must be cancelled in iTunes, the Apple App Store or the Google Playstore. Due to technical limitations on the part of these providers, Tiver.me cannot perform the cancellation/rebooking.
5.2.7 If a subscription is taken out via another payment provider, a direct termination can be made via the respective provider and in text form (by fax and e-mail) or in writing (by letter) to Tiver.me. In this case, the user must provide the e-mail address of the relevant user account so that Tiver.me can assign the account.
5.2.9 If Tiver.me terminates a subscription for a reason for which the user is responsible, the user must compensate for the damages incurred.
5.3 Virtual goods
Virtual goods are durable or consumable virtual goods that the user can buy in the apps of Tiver.me.
5.3.1 By purchasing Virtual Goods, the user receives user-account-bound Virtual Goods, such as Coins, which the user can use in the Tiver.me apps to activate functions or purchase other Virtual Goods.
5.3.2 A user’s virtual goods cannot be transferred to other user accounts unless otherwise provided for by the terms and conditions of the respective virtual goods. Thus virtual goods are bound to a user account.
5.3.3 If the user deletes or terminates his user account, the user loses virtual goods irrevocably.
6.1 Termination by Tiver.me
6.1.1 Tiver.me may properly terminate a user account with a notice period of 2 weeks.
6.1.2 Tiver.me may terminate a user account by giving notice in text or written form.
6.1.3 If a user account is terminated by Tiver.me for reasons for which the user is not responsible (e.g. not based on these Terms and Conditions or not based on applicable laws), the user is entitled to a refund of the price of the paid functions linked to the user account if they have not been used up completely or have expired.
6.2 Termination by the user
6.2.1 The user account can be terminated by the user at any time without notice.
6.2.2 The user can effect the termination of a user account by deleting his user account or by giving notice of termination in text or written form. The user may request the deletion of his user account in the settings of Tiver.me’s mobile apps. The termination may also be effected in text form (by e-mail) or in writing (by letter). For this purpose, the user must provide the e-mail address used to register the user account so that an assignment can be made.
6.2.3 If the user terminates or deletes the user account, all chargeable functions contained or activated there will expire.
7. Duties of the User
7.1 Truthful information, verification by Tiver.me
7.1.1 To register, the user must provide a valid e-mail address at which the user can be reached. The e-mail address provided must be kept up-to-date by the user and is to be used for communication with Tiver.me so that Tiver.me can assign the user to a user profile. If communication with Tiver.me does not take place via the specified e-mail address, the user must prove by suitable means that the user is the owner of the respective user profile. Delays may occur due to missing information, which will be charged to the user.
7.1.2 The user may only provide his/her own data. No bank details or credit card details of third parties may be given fraudulently.
7.1.3 Tiver.me does not require a clear name, so the user may use a pseudonym or nickname on the platform. Other data (e.g., pictures or school education) which the user publishes on Tiver.me must be true. Therefore, no information may be published on Tiver.me which does not apply to the user or which points to the user.
7.1.4 Tiver.me has the authority to have the data provided by the user checked for accuracy in order to verify its correctness. In doing so, the user must cooperate with Tiver.me if requested to do so by Tiver.me in order to confirm his identity or the information provided. If this is refused by the user or if the data turns out to be untrue, Tiver.me is entitled to terminate the contract without notice.
7.2 User behaviour, rights of use, user content
7.2.1 The user grants Tiver.me non-exclusive, transferable, free of charge rights (so-called “rights of use”), also for commercial use and exploitation, to the content (so-called “user content”) that the user publishes, stores, transmits or generates on the Tiver.me platform, without any restrictions in terms of content, time or space and without being subject to sub-licensing. Examples of contents are profile data, texts and images.
7.2.2 Tiver.me attaches great importance to good relations among the users of the platform. For this reason, any conduct which is insulting, glorifies violence, sexual, discriminating, harassing, racist, pornographic or illegal is prohibited. The user is responsible for his user content. Tiver.me may delete user content which violates this point, block the profile of the responsible user or terminate the contractual relationship with the user.
7.2.3 The right of use includes the right to commercial and non-commercial use and also includes all currently unknown but future possible forms of use. In particular, the following rights are granted:
(i). Right to make them available to the public (e.g. via the Internet),
(ii). Right of distribution, exhibition, reproduction or public communication,
(iii). Right of communication to the public, including the right to perform, to be performed and to be heard,
(iv). Right to use in advertising measures of any kind,
(v). Right to publish on the Tiver.me website, in search engines or social media platforms,
(vi). Right to edit and transform,
(vii). Right of reproduction by means of image or sound carriers,
(viii). All rights of the database producer according to § 87 b UrhG and for inclusion in database works.
The user has a right to have his name mentioned as the author when using the User Content outside of the Tiver.me Apps or the Tiver.me platform. For this purpose, the pseudonym or the nickname stored in the user account will be used and reference will be made to the Tiver.me platform.
7.2.4 By using Tiver.me and publishing user content here, the user assures Tiver.me that he/she is authorized to transfer the right of use in the aforementioned form to Tiver.me and that he/she can freely dispose of the content. In the event that rights of third parties exist in the user content, the user must inform Tiver.me of this immediately. In this context, the user releases Tiver.me from any claims by third parties and pays the costs of legal defense.
7.2.5 A user account may not be used to send messages containing malware, phishing, spam or junk mail (e.g. mass messages or chain letters). Furthermore, a user account may not be used to prepare illegal actions (e.g. fraud).
7.3 Use of user data and advertising
7.4 Exclusive private use
Use of the Tiver.me platform is permitted for private purposes only. If Tiver.me is used commercially without permission, Tiver.me may terminate the user account without notice.
7.5 Liability for the user profile and duty of care
7.5.1 The user himself is liable for actions that were carried out with a user profile of a user.
7.5.2 Access data for user profiles may not be passed on to third parties and must be protected against access by third parties. If there is reason to suspect that third parties have gained knowledge of the access data, the access data must be changed immediately and any possible misuse must be reported to Tiver.me immediately.
7.5.3 The user must use a secure password on Tiver.me and may not reuse it in another service.
7.5.4 It is the user’s responsibility to check the information provided by another user before interacting with him/her, e.g. before chatting or meeting outside the Tiver.me platform.
7.6 In the event of a negligent or intentional violation of his obligations, the user is obligated to compensate Tiver.me or the legal representatives of Tiver.me for the damages incurred.
8. Sanctions and Contractual Penalties
(1). admonish the user by issuing a warning
(2). warn the User by temporarily or permanently blocking the User’s user account or by blocking functions of the Tiver.me platform for the User
(3). extraordinarily terminate the user account and prohibit a new registration for the future.
8.3 The severity of the violation will be measured by Tiver.me based on…
(1). the violation of applicable laws
(2). the previous behaviour of the user, such as previous warnings,
(3). the insight of the user,
(4) the severity of the impact on other users,
(5) the number of complaints about this user,
8.4 In the event of criminal offences committed by a user with his user account, Tiver.me is entitled to terminate the user account without notice for good cause.
8.6 If Tiver.me terminates the user account for a reason for which the user is responsible, the user must compensate Tiver.me for any damages incurred.
8.7 The user is obligated to pay Tiver.me a contractual penalty in the amount of EUR 2,500 if the user has not used the Tiver.me platform.
(1). unauthorised use for commercial or business purposes
(2). to send messages prohibited under 9.b.5,
(3). uses a false identity or feigns another identity
In addition to the contractual penalty, further claims by Tiver.me remain unaffected.
9. Limitation of Liability
Tiver.me shall be liable exclusively – regardless of the legal grounds – if the damage…
(1). has been caused by culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract or
(2). is due to gross negligence or intent on the part of Tiver.me.
9.2 Limitation of liability
9.2.1 If Tiver.me is liable for the violation of an essential contractual obligation without gross negligence or intent, liability is limited to the extent of damage which Tiver.me could typically expect to incur at the time of the conclusion of the contract due to the circumstances known to it at that time.
9.2.2 This applies equally to damages caused by gross negligence or intent on the part of Tiver.me employees who are not managing directors or senior executives. Liability for consequential damages, in particular for lost profits or compensation for damages of third parties, is excluded unless Tiver.me is guilty of intent or gross negligence.
9.2.3 Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected by the above limitations of liability.
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
The revocation must be addressed to:
Christoph Rothermel, Seydlitzstrasse 2/1, 89077 Ulm Germany
or e-mail: firstname.lastname@example.org
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Sample Cancellation Form
If you want to cancel the contract, please fill out this form and send it back to us. To: Christoph Rothermel, Seydlitzstraße 2/1, 89077 Ulm Germany or e-mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/ received on (*): __________________________
Name of the consumer(s): __________________________
Address of the consumer(s): __________________________
Signature of the consumer(s), place, date (only in case of communication on paper)
(*) Delete as appropriate
11. Data Protection
12. Subject to Change
13. Dispute Resolution
For dispute resolution, reference is made to the EU Commission’s online dispute resolution platform: www.ec.europa.eu/consumers/odr .
Tiver.me is not already a party to a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
14. Final Provisions
14.1 The contractual agreements of the contracting parties are subject to the law of the Federal Republic of Germany.
14.2 If the user does not have a general place of jurisdiction in Germany or in another EU member state, if the user is a merchant or transfers his permanent residence abroad after these terms and conditions have come into effect or if his residence or usual place of abode is unknown at the time of the commencement of legal action, the exclusive place of jurisdiction shall be the registered office of the provider.
14.3 The text form of both parties is required for the effectiveness of contract amendments, supplements and subsidiary agreements, unless otherwise stated in these General Terms and Conditions. This also applies to the waiver of the text form requirement.
14.4 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.