Terms Of Use


§ 1 Scope of Application
These general terms of use (“contract”) govern the use of the software application “Bouncy” for mobile devices (hereinafter “app”) and the use of the service offered via the website www.bouncyapp.com by the user.Provider of the app is Lemonadd UG (limited liability), Lohmühlenstraße 65, Berlin (hereinafter: “Lemonadd”), e-mail: hi@bouncyapp.com.The app is available for download from the Apple App Store.The use of the app and presupposes that the user agrees to the following terms of use.Any regulations or general terms and conditions of the user that deviate from these General Terms and Conditions of Use shall only apply if Lemonadd has given its prior written consent.The user is a consumer, as far as the purpose of using the app and services of Lemonadd cannot be predominantly attributed to his commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

§ 2 Subject Matter of the Contract
Subject of the contract is the free use of the app, which can be obtained by the user via the AppStore.The user has the possibility to select his favourite song, album and artist in the onboarding process via the app. This selection provides the basic structure for "music-swiping". After onboarding, the user can swip through the music gallery (consisting of song, album and artist) of other users. Users who find the music profile of other users interesting wipe to the right or press the heart icon. Users who find the music profile uninteresting wipe to the left and the next music profile is displayed. A "match" occurs when both users prefer the same music through the "like". With the "match", both users can view each other's music profile and network further through social media such as Instagram. Furthermore, it is possible to rate the users' music selection by a "music rating" (1-10).To select the music, the user can currently connect the streaming service Spotify to his account to display the music from the respective Spotify account and generate a preview.In addition, the user can make various settings that change the information displayed on his or her Profile and Party.The user can also use the app to view and connect to other Partys in their near area.The user himself is responsible for the content of his music profiles. This applies in particular to compliance with the terms of use of the various streaming services.The constant availability of the Lemonadd service cannot be guaranteed. The Lemonadd system may need to be switched offline for maintenance, for example. Also, the failure of the music cannot be excluded, because a stable Internet connection is necessary for the use of the app.

§ 3 Conclusion of Contract
The present contract between Lemonadd and the user comes into effect when the user clicks the corresponding button “Download”, “Buy”, “Install”, “Pay with Touch ID”, “Pay with Face ID” or the price button on the page of the app description of the respective AppStore and enters his personal password for the AppStore if necessary.A claim to the conclusion of a contract does not exist.

§ 4 Functionality of the app
The app and the website requires a stable Internet connection on the user’s device (usually smartphone).The website can be used with the currently popular browsers (Chrome, Safari, Firefox etc.). The user is obliged to keep his browser up to date for proper use and in particular to import all security-relevant updates of the browser.The app works on smartphones with the operating systems iOS from version 9.0. Older versions of these operating systems are not supported. Hardware with older operating systems may therefore experience compatibility and interoperability problems.With regard to the processing of personal data, the regulations in the data protection declaration, which can be accessed on the website or within the app, apply.

§ 5 Optimization of the app
Lemonadd is constantly working on optimizing the app and the services offered. Therefore, Lemonadd reserves the right to add or remove functions and features and possibly introduce new restrictions of the app or the services. The user may terminate the use of the app at any time.

§ 6 Third Party Content
The app and website contain content and information about various users. These contents of the app and the corresponding areas of the website are created solely by the participating users and made available via the app or website.Lemonadd does not check these contents for completeness, topicality or correctness. Lemonadd can therefore accept no liability for the completeness, correctness, up-to-dateness and quality of the contents of the information provided by the user.The app can be connected with the music streaming service. The user agrees to the terms of use of the respective service when linking to the app and undertakes to comply with them.

§ 7 Protection of copyright Content
The app contains content which is protected by copyright, trademark and/or other protective rights in favour of Lemonadd or in favour of third parties.The user is not entitled to edit, reproduce, distribute, publicly reproduce, advertise or use the content (text, images, data, etc.) or individual parts thereof provided via the app beyond the contractually agreed purpose, unless this is expressly permitted within the scope of these terms of use or by law.The rights to content that a user posts within the framework of the app remain with the respective user. However, the user grants Lemonadd a simple, free and revocable right to use the content, in particular the right to make the content publicly accessible.

§ 8 Account and Registration
The prerequisite for the provision of a Party via the app is the user’s registration with “Bouncy”app.Registration takes place by entering a mobile phone number, name and a (of one's own free will) profile photo. Alternatively, the user can also log in via his existing Facebook account. This takes the user to the Facebook page, where they must enter their login details.The user can only be a single natural person. Groups such as families, friends, life partners, etc. and legal entities are not admitted as users. The user name chosen by the user may not infringe the rights of third parties and may not violate existing legal prohibitions or morality.The user assures that the information provided by him during registration is complete and true. The registration of the user by third parties is not permitted. Upon successful registration, a user account is created for the user, which he can administer independently. The user account is not transferable, unless Lemonadd has given its express written consent.
§ 9 Duties of the User
The user is obliged to keep the data provided during registration up to date. Changes of his data, in particular a change of his mobile phone number and email, he will inform Lemonadd immediately. The notification can also be made by changing the data in the user account.The user is obliged to keep his access data secret at all times and to protect them from access by third parties.It is not permitted to use the access data of another user.If the user suspects that his access data was obtained by third parties without authorization or is used without authorization, he will inform Lemonadd immediately and change his data.The user is obliged to refrain from all measures and actions that endanger or disrupt the functioning of the app or the website. Furthermore, he is obliged not to access data to which the user is not entitled.The retrieval of content made available by Lemonadd may only take place in such a way that the use of the app/website by the other users is not impaired.Communication between Lemonadd and the user usually takes place via mobile phone and e-mail messages. The user therefore ensures that the mobile phone number provided during registration is regularly checked for messages from Lemonadd.

§ 10 Accountability
Claims of the user for damages are excluded. Excluded from this are claims for damages of the user from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by Lemonadd, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.In the event of a breach of essential contractual obligations, Lemonadd is only liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, body or health.The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Lemonadd, if claims are asserted directly against them.The limitations of liability resulting from paragraphs 1 and 2 do not apply if Lemonadd maliciously concealed the defect or assumed a guarantee for the quality of the item. The same applies if Lemonadd and the user have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 11 Arbitration and Settlement of Disputes
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at
http://ec.europa.eu/odr.

§ 12 Other Provisions
Lemonadd reserves the right to change and adapt the terms of use. The user will be informed about this in a suitable manner in advance.Contracts between Lemonadd and the user are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the user as consumer has his habitual residence, shall remain unaffected.If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and Lemonadd is the registered office of Lemonadd.The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.

Status of the GTC: July 2019