Effective Date: July 10, 2021
General terms and conditions for the usage of RIZZ app . "RIZZ" is
a service of Fun Chat Software Ltd.
1.Application and change of the terms and conditions, registration at other portals
(1) These general terms and conditions (hereinafter “GTC”) represent a legally binding contract that relates the relationship between users and any other legal entity on the one hand and Fun Chat Software Ltd. and all of its partners (hereinafter “operator “with the use of “RIZZ” and the associated product range.
(2) The operator currently makes its product offers available on app / websites / portals, and reserves the right to expand or restrict the current product range at any time. The resulting changes are also subject to these terms and conditions. You agree that the operator takes no responsibility towards you or third parties should the product offer change in any way.
(3) The registration and the GTC also include the operation of the offer under other names and / or other domains by the operator and in particular the use of your profile data there as well.
(4) These GTC apply to the free part of the offer as well - but only if the user has ordered paid services through a separate ordering process in which the costs have been expressly indicated - for the chargeable part of the offer.
(5) The operator reserves the right to change these terms and conditions for registered users as follows. The future, modified GTC will be sent to users by email before they come into effect. If you have not objected within two weeks after receipt of this email or if you continue to use the "RIZZ" portals / domains without objecting, the changed conditions will be deemed accepted. The operator will inform you of the right to object and the importance of the two-week period separately in the email containing the changed conditions. In the event of your objection to the change to the GTC, we are entitled to the ordinary right of termination in accordance with § 7 of these GTC.
2.Requirements for use
(1) "RIZZ" (hereinafter "RIZZ") is an application for adults, i.e. You must be at least 18 years old to use RIZZ and related product offerings.
(2) You declare to the operator that you meet the legal requirements to enter into this contract and the associated regulations and that you do not violate any rights or regulations of your country of residence. You alone are responsible for complying with local laws and regulations.
(3) The operator is entitled to verify the personal data of the user, e.g. by requesting suitable official papers from the user and to delete any unauthorized users if necessary.
3. Registration deletion, Termination
(1) A user is entitled at any time to unsubscribe from his free profile by email without giving any reason. The previously concluded contractual relationship ends with the deregistration. This does not apply to any paid services that have to be terminated separately.
For proper identification, the cancellation must contain the following information: email address (with which the user registered) and username. It should also contain the following information: first and last name, address, reason for termination and the termination code (you can find this in your profile).
All cancellations will be confirmed in writing by the service to the email address provided when registering. In case of doubt, the subscriber is required to provide proof that he has sent a cancellation or that he has received a cancellation confirmation
(2) The benefits of your membership remain as long as your subscription is active. With the exception of a legal obligation for parts of the membership fee, there is no entitlement to a refund of the membership fee paid.
(3) The operator can terminate the contract for only free services at any time and for paid services at any time with ten days’ notice at the end of the paid contract term.
(4) The right to terminate the contract without notice for an important reason remains unaffected. The operator has the right to terminate the contract without notice if the user violates his obligations under this contract and, despite a reminder with a reasonable deadline, does not remedy the situation in a timely manner. A reminder is not required if it does not promise success or the violation is so serious that the operator cannot be reasonably expected to adhere to the contract. The seriousness of the violation can also result from the fact that the user has already received several warnings for a comparable violation.
(5) With the termination of the contract, all obligations of the operator to store user data end, unless statutory retention periods require storage.
4.Scope of services, object of the contract
(1) The operator runs the dating portal RIZZ on the Internet and offers the user access to a central database through which users can get to know each other in order to build relationships, partnerships and friendships.
(2) The database contains profiles with photos and information about other users. Users have the option of logging in and searching within RIZZ for other people (users) whose profiles are stored in a central database. Users can view the profiles of other members and get in touch with them. Every user has an electronic mailbox which allows him to send and receive messages from other users as well as to receive service emails from the operator.
(3) The operator is authorized to commission third service providers and vicarious agents with the provision of parts or the entire range of services. Commissioned external service providers who perform services on behalf of the operator are not considered third parties within the meaning of these GTC.
(4) The services on RIZZ are generally offered for private use purposes. Commercial use without the prior written consent of the operator is not permitted and leads to immediate exclusion. By registering, each user agrees to use the services only for private purposes.
(5) The operator endeavors to enable the availability of the portals and will make every reasonable effort to ensure the uninterrupted access to the services. However, 100% availability cannot be guaranteed. Temporary disruptions or interruptions in the services of RIZZ can, however, arise due to force majeure and technical changes (maintenance work, interruptions for offline backups, software updates).
5. Communication and entertainment guidelines
RIZZ makes every effort to ensure that the profiles shown in the matching list are only private users that adhere to RIZZ´s rules of use. To ensure this with a high quality, RIZZ uses various technical as well as manual mechanisms to identify users/members with inappropriate behavior or unfair interests and, if necessary, to exclude them immediately. The user/member is also aware that RIZZ uses so-called animators to motivate users/members to communicate interactively. These are real people. However, the user / member is aware that he cannot meet the animators in real life. Both users and members can contact the animators at any time either write to them proactively or get contacted by them to communicate with them through the app. The user/member is also aware that a contact through the animator in forms of a visit may happen in the first days after registration when the contacts could be low. Furthermore, RIZZ uses the animators, amongst other things, to check if the users comply with the rules of communication to ensure a high quality of standard when it comes down to delivering the service of connecting like-minded users/members. The animators are marked with a heart.
6. Content rules, rights to content, responsibility of the user, exemption obligation
(1) You can post a variety of content on RIZZ. This includes images, emails, messages and any other content (“content”). The user is solely responsible for the content of his registration and thus for the information he provides about himself. The user assures that the data provided by him correspond to the truth and describe the user`s personally.
It is NOT allowed to POST or SEND content that:
1. include phrases or words that can be perceived as annoying, hurtful or aggressive;
2. are pornographic or violate human dignity in any form;
3. promote racism or sexism;
4. promote any form of illegal activity such as terrorism or incitement to racial hatred;
5. are defamatory;
6. target commercial activities (including sales, competitors and advertising, links to other apps, websites or premium phone numbers);
7. Are "spam" or "junk" messages;
8. Contain any kind of spyware, adware, viruses, worms or other types of malwares with the aim of causing damage to software and hardware or personal information of users of RIZZ or elsewhere;
9. Violate the rights of third parties yourself or through posting (this includes intellectual property rights and data protection rights).
In addition to the cases already mentioned, you should not publish any personal data, such as account details, on your personal profile page, as other people can cause damage with this data.
(2) You are also not authorized to misuse the personal data of other users for commercial purposes, spam and other illegal things. In the event of data misuse, the operator reserves the right to delete the account of the person responsible. Furthermore, the user undertakes to pay the operator a contractual penalty for every proven, culpable violation. Further claims for damages remain unaffected.
(3) If you do not want other users to be able to access parts of your content, you should not upload this content to RIZZ. The operator reserves the right - without obligation and without prior notification - to remove, edit or restrict the content you uploaded to RIZZ without the operator being liable for this. The operator has no obligation to display the content uploaded by you from RIZZ and to check its accuracy, nor is he obliged to monitor your usage behavior or that of other users.
(4) If you upload content to RIZZ, you guarantee that you are the exclusive owner of it and transfer any rights of use to the operator. By doing so, you grant the operator the non-exclusive, license-free and ongoing worldwide license for such content. This includes editing, copying, modifying, adapting, translating and reformatting for marketing purposes as well as any form of making it available to the public, regardless of whether it is used as a whole, in parts or in another format. The operator may also license this content to his affiliates and partners without your prior consent being required.
(5) All non-user content (including all texts, graphics, brands, logos, sound and works of art) are the property of the operator. They are regulated or licensed by him and are protected by trademark, copyright and other intellectual property rights.
(6) In regards to the content on RIZZ, you have no rights to it and you undertake not to use the content in any way in such a way that the rights of third parties could be violated. You declare - without limitation the following - that you do not copy, modify, adapt, distribute, publish or sell any content from RIZZ with the exception of your personal content.
(7) The user undertakes to keep the operator, third parties (e.g. partner companies, affiliates) and groups of persons in accordance with §8, Paragraph 2 of these General Terms and Conditions harmless from any kind of complaints, damages, losses or claims which result from the registration of the user and / or his/her use of RIZZ could arise. In particular, the user undertakes to the operator of any liability and of all obligations, expenses and claims arising from damage due to insult, slander, violation of personal rights, loss of services for other users, violation of intellectual property, images or other rights. The exemption obligation also relates to the costs that are necessary to avert such claims.
(8) The user also undertakes never to pass on his password to third parties. However, if someone else got the password, there is a risk of misuse of the respective data. In this case, the user is responsible for all actions that are carried out under his user account. If the user suspects that the access data could have been passed on to third parties, he has the duty to inform the operator of this and to take suitable measures to avoid further misuse.
7.Free and paid services, prices, payment
(1) The operator provides both free and paid services on RIZZ.
(2) With the free registration on RIZZ, the user can create a profile and view the profile data of other users.
(3) Users who register for the additional fee-based service can, in addition to the free services, contact other users as often as they like, read messages and view all pictures.
(4) The paid service can be closed for different periods. The operator can use different fee models for different offer variants or user groups. Before providing these services, the user is advised of the costs, content and scope of the services, as well as the price and payment terms. The fees are payable in advance to the operator without any deductions. The full amount will be collected using the payment method selected in the order. These services will only be activated after the operator has received the user's payment. If the user is in default of payment, the operator has the right to block access to the chargeable services.
(5) If you buy paid services such as a subscription, authorize the operator and any payment service providers (“PSPs”) to save your credit card details and other relevant payment details. With your purchase, you undertake to pay the costs associated with the purchase of the paid services (including periodically applicable subscription fees) when they become due, as well as all interest and collection costs if you are in arrears with your payments. All of our fees are non-refundable with the exception of (i) the obligation to do so by law and (ii) goodwill by the operator himself. The fees for the paid services must be paid in advance. The prices for paid services may change at any time without notice.
(6) You undertake to provide current, complete and correct information for billing and to provide us with any changes immediately. These include changes to the billing address, credit card number or credit card expiration date. Your obligation to pay all applicable fees from the payment method you selected remains unaffected by being non-compliant to this obligation.
(7) In the unlikely event that you have sent us a payment for paid services whose amount does not match one of our product packages, we have the right (a) to credit you with the payment in whole or in part, (b) in part of this or the full amount can be credited to a product package subscription, the price of which is cheaper than your payment or a combination of (a) and (b).
8. Conclusion of contract, term and prolongation
(1) The contract between the operator and the user comes into effect upon the free registration by the user on RIZZ and its confirmation by the operator.
(2) An unlimited contract is concluded, which can be terminated according to §7 of these terms and conditions.
(3) The operator expressly points out that only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered.
(4) Memberships subject to a fee are automatically renewed at the end of the term by the period agreed for this in the ordering process or, if no other extension period has been agreed, by the original term, if they have not been terminated before the expiry in due time.
(5) Test subscription memberships are automatically continued as a fee-based membership with the term agreed in the ordering process or, if no other term has been agreed, with a term of three months, each with an automatic extension, if they have not been formally and were terminated on time.
(1) The operator takes no responsibility for the correctness and content of the information in the user's registration or profile data or for other content generated by the user. The operator also takes no liability for any misuse of information. These include emotional stress, theft of personal data and insults that can result from communication with other members. This also includes any form of claims, losses and damage that result from the behavior of users who have registered under the wrong name or aim to harm you. Furthermore, the operator reserves the right not to check the content of each text and submitted photos or graphics files for compliance with the statutory provisions and these terms and conditions and, if necessary, to delete them. However, he is not obliged to exercise the rights according to sentence 4 of this paragraph.
(2) The operator is liable for damage to the user caused intentionally or through gross negligence by the operator, his legal representatives, executives or vicarious agents.
(3) Regardless of the degree of fault, the operator is liable for damage caused by the fact that the persons named in paragraph 2 have violated a duty, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the user can regularly trust and trust (Cardinal obligation), as well as in the case of fraudulent deception. The operator is liable in the same way if the damage is based on a breach of a guarantee given by the operator or on a negligent organizational fault.
(4) Also unaffected are claims for damages by the user from injury to life, limb or health, which are based on a breach of duty by the operator or the group of persons mentioned in paragraph 2.
(5) In other than the cases mentioned in paragraphs 2 to 4, the liability of the operator - regardless of the legal basis - is excluded. Claims for damages against the operator become statute-barred 12 months after their creation, unless they are based on an unlawful or willful act.
(6) Non-excluded claims for damages are limited to the foreseeable, contract-typical damage, except in the cases mentioned in paragraphs 2 and 4. In the event of default, they amount to a maximum of 5% of the order value.
10.Third party advertising
Offers and advertisements from third parties as well as other information and links to products and services of third parties may be included on RIZZ. Your business and correspondence with the providers of such products and offers are solely subject to the provisions of the providers and thus regulate the relationship with you. The operator is in no way responsible for any functions, content, advertising, products, services or other information from third parties. You agree that the operator is neither directly nor indirectly responsible or liable for loss or damage resulting from transactions with third parties.
Should a provision of the contract or the general terms and conditions be or become ineffective or should the contract be incomplete, the remaining clauses of the contract or general terms and conditions remain unaffected. The ineffective provision shall be replaced by a provision that comes economically as close as possible to the purpose of the ineffective provision. The same applies to any gaps in the contract.
12. Contract language, applicable law, written form clause
(1) The original version of these GTC is in English. Wherever the operator has provided a translation of other languages version, you agree that the translation was only provided as a favor to you and that the English version regulates your relationship with the operator. In the event of contradictions between the translation and the English version, the English version applies
(2) The law of the country in which the operator is based applies, excluding the UN sales law.
(3) There are no verbal side agreements.