GTC

 

GTC

GENERAL TERMS AND CONDITIONS OF BUSINESS / TERMS AND CONDITIONS OF USE

 

  1. Object of the Agreement

 

The object of the Agreement is an application for mobile telephones and tablets for the consent of two partners to sex, love, engagement and friendship. Consent can be forwarded in encrypted form to an email address of the partner on request. Unlike sex, love, engagement and friendship can be shared over social media. Since consent of the partners must be voluntary, revocation of consent is naturally permissible at any time. “No” is always “no”. Revocation is not feasible via the app and must take place outside the application (e.g. verbally, handwritten, SMS etc.)

Any type of agreement can also be defined via a free-text field and previously given consent (e.g. to sex) can also be withdrawn via this field. These agreements can likewise be forwarded in encrypted form to an email address of the partner and they cannot be shared over social media.

 

  1. Acceptance of the Agreement on the Terms and Conditions of Use
     

By using the “I willl app” (hereinafter referred to as the “App”) with a mobile device (e.g. mobile telephone, tablet), and additional features, products or services that we offer within the scope of the App, you agree to be bound to these Terms and Conditions of Use (hereinafter referred to as the “Agreement”). If you do not accept all terms and conditions of this Agreement and declare your consent to these, you are not entitled to use the App.

We are entitled to make changes to this Agreement and to the App at any time. We can implement these for the following reasons, for example:

  • Implementation of legislative changes
  • Implementation of altered statutory requirements
  • New features in the App
  • Changes to business practices

The latest version of this Agreement shall be published in the App under settings and onwww.iwilllapp.com. You should read the latest version regularly. The current version is always the valid version. If you continue to use the App after the changes have become effective, you consent to the revised Agreement.

  1. Eligibility

You must comply with the statutory age regulations of your respective country for use of the App in order to purchase the App and use the contents. By purchasing the App, you declare and guarantee that

  • you can conclude a binding agreement with the company “Start it App S.K.C. GmbH” of “I willl”;
  • you do not belong to a group of persons, who are excluded from use of the service in accordance with the laws of an applicable jurisdiction (worldwide) or are subject to another similar prohibition;
  • you shall comply with this Agreement and all applicable local, state, national and/or international laws, regulations and provisions; and
  • you have at no time committed a crime and/or you are not entered in any state, federal or local sex offender register as a sex offender.
  1. Features for confirmation

Depending on the technical features of your mobile device (e.g. mobile telephone, tablet), you can make the agreement with the partner via voice memo, video or signature. The proof shall be saved on the mobile device and can be forwarded on request to an email address of the partner by means of encryption.

  1. Purchase, change of services and termination

Purchase of the App takes place via your mobile device platform (e.g. iTunes, Google Play). The cost amounts to EUR 1.99 (one-off, annually) with a term of 12 months. After 12 months you must pay a licence fee of EUR 1.99 for further use of the App, which in turn involves an extension of the Agreement by 12 months.

“I willl” strives to improve the functionality or to provide you with additional features. This means that we implement new features or add-ons as well as remove features if required. This occurs without informing you beforehand. Updates are provided in the respective App Store and must be retrieved by you yourself.

You can end use of the App at any time (termination), whereby the fee already paid for the twelve-month term shall not be refunded and/or credited to you. If you commit a breach of contract, you shall not be permitted further use of the App. Under these circumstances (immediate termination for good cause), you have no claim to refund or credit of the fee paid.

  1. Security, your interactions with other users

Although “I willl” strives to promote a respectful user experience through the confirmation features and reasons for confirmation, “I willl” is not responsible for the behaviour of users. You hereby agree to proceed cautiously in all interactions with other users and to comply with the statutory applicable laws.

YOU ALONE ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. “I willl” GIVES NO ASSURANCES OR GUARANTEES REGARDING THE BEHAVIOUR OF USERS.

  1. Rights granted to you by “I willl”

This licence is intended for the sole purpose that you can carry out mobile confirmations. Therefore, you hereby agree to refrain from the following:

  • using the App or content contained in the App for commercial purposes without our written consent.
  • using confirmations carried out and produced with the App for commercial purposes or for non-commercial reasons ongoing to the confirmatory purpose of the partner.
  • copying, changing, creating derived works from, using or reproducing in any way copyrighted material, pictures, brands, trade names, official stamps or other intellectual property, content or proprietary information, which can be accessed via the App, without the prior consent of “I willl”.
  • expressing or suggesting that statements that you make are supported by “I willl”.
  • using robots, bots, spiders, crawlers, website search/retrieval applications, proxy or other manual or automatic devices, methods or processes in order to access, retrieve, engage in “data mining” with, reproduce or circumvent in any way the navigational structure or the description of the service or its contents.
  • uploading viruses or another malicious code or otherwise threatening the security of the App.
  • falsifying headers or otherwise manipulating identification marks in order to conceal information transmitted via the App.
  • “framing” or “mirroring” parts of the App without prior written consent of “I willl”.
  • using meta-tags, codes or other devices which include a reference to “I willl” or the App (or a brand, trade name, official stamp, logo or slogan of “I willl”) in order to lead people to other websites for other purposes.
  • changing, adjusting, sublicensing, translating, selling, reverse engineering, decrypting, decompiling or otherwise disassembling parts of our App or causing others to do this.
  • using or developing third-party applications, which interact with the services or the content or information of other users, without our written consent.
  • using, accessing or publishing the application programming interface of “I willl” without our written consent.
  • investigating, querying or checking the vulnerability of our App.
  • supporting or promoting activities which violate this Agreement.

The company can carry out investigations and undertake all available legal steps as a reaction to the illegal and/or unauthorised use of the App, including termination of App usage.

Any software that we provide to you can automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads via your device settings.

  1. Rights that you grant to “I willl”

You consent to be respectful and courteous in communication with our customer service employees. If we are of the opinion that your behaviour is threatening and/or insulting to our customer service employees and/or other employees at any point, we reserve the right to terminate your App usage with immediate effect.

  1. Community regulations
    By using the services, you hereby agree to refrain from the following:
  • using the App for purposes that are illegal and/or prohibited by this Agreement.
  • not accepting the partner’s revocation to consent given previously; not complying with the partner’s intention.
  • sending spam, requesting money from other users and/or defrauding the latter.
  • impersonating another natural or legal person or publishing pictures of another person without their permission.
  • bullying, stalking, intimidating, harassing or defaming persons.
  • publishing content which violates the rights of someone or infringes on the latter, including rights of publicity, privacy, trademark or copyrights or other rights to intellectual property or contract law.
  • publishing content which constitutes hate speech, is threatening, sexually explicit or pornographic, incites violence or contains nudity or graphic or gratuitous violence.
  • publishing any content that displays racism, fanaticism, hate or personal injury of any kind against any group or individual person.
  • requesting passwords for any purpose or personal data for commercial or illegal purposes from other users or circulating the personal data of other persons without the consent of the relevant person.
  • using the “I willl App” of another user.
  • using the “I willl App” with another identity if your App use has already been terminated or prohibited.

 

  1. Content of other users

“I willl” cannot guarantee use by users of the App that violates this Agreement. If damages are incurred by you through a legal offence by a user of the App, report this to the relevant jurisdiction or executive. “I willl” is to be indemnified and held harmless in such a case or shall exclude all claims for damages if legally permissible.

  1. Disclaimer

“I willl” PROVIDES THE APP WITHOUT AWARENESS OF DEFECT AND IN THE AVAILABLE FORM AS WELL AS IN THE SCOPE WHICH IS PERMISSIBLE BY APPLICABLE LAW AND UNDERTAKES NO GUARANTEES OF ANY KIND, WHETHER EXPRESSLY, IMPLICITLY, LEGALLY OR OTHERWISE WITH REGARD TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TO ANY IMPLICIT GUARANTEES FOR SATISFACTORY QUALITY, MARKETABILITY, SUITABILITY FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT. “I willl” DOES NOT ENSURE AND GUARANTEE THAT (A) THE AVAILABILITY OF THE APP SHALL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE APP SHALL BE REMEDIED, OR (C) THAT CONTENT OR INFORMATION THAT YOU OBTAIN ON THE APP OR VIA THE APP ARE CORRECT.

“I willl” UNDERTAKES NO RESPONSIBILITY FOR CONTENT THAT YOU, OTHER USERS OR THIRD PARTIES PUBLISH, SEND OR RECEIVE VIA THE APP. ACCESS TO ANY MATERIAL THAT IS DOWNLOADED OR OTHERWISE RECEIVED THROUGH USE OF THE APP TAKES PLACE AT YOUR OWN DISCRETION AND RISK.

  1. Limitation of liability

TO THE GREATEST POSSIBLE EXTENT PERMISSIBLE BY APPLICABLE LAW, “I willl”, ITS ASSOCIATED COMPANIES, EMPLOYEES, LICENSEES OR SERVICE PROVIDERS UNDERTAKE NO LIABILITY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, ACCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, WHETHER CAUSED DIRECTLY OR INDIRECTLY, OR LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE OR OTHER IMMATERIAL LOSSES THAT ARISE FROM THE FOLLOWING: (I) YOUR USE OR YOUR ACCESS TO THE APP OR YOUR INABILITY TO USE THE APP, (II) THE BEHAVIOUR OR CONTENT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE USE OF THE SERVICES; OR (III) UNAUTHORISED ACCESS, UNAUTHORISED USE OR UNAUTHORISED ALTERATION OF YOUR CONTENT, EVEN IF “I willl” WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF “I willl” TO YOU WITH REGARD TO ALL CLAIMS RELATING TO THE APP EXCEED THE AMOUNT PAID BY YOU IF APPLICABLE TO “I willl” FOR THE APP DURING THE PERIOD IN WHICH YOU HAVE USED THE APP.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR RESTRICTION OF CERTAIN DAMAGES SO THAT SOME OR ALL EXCLUSIONS AND RESTRICTIONS MAY NOT APPLY FOR YOU IN THIS SECTION.

  1. Court of jurisdiction, waiver of class actions and trials by jury

This Agreement and all disputes relating to the App are subject to the Vienna / Austria court of jurisdiction and Austrian law to the exclusion of the international principles on conflict of laws. By consenting to this Agreement, you waive your right to file class actions, group arbitration proceedings or other representative actions or proceedings against the company. This shall apply insofar as it is legally permissible.

  1. Indemnity on your part

You undertake to indemnify, defend and hold harmless “I willl”, its associated companies and their respective employees to the extent permissible by applicable law with regard to all actions, debts, claims, damages, losses, costs, liabilities, expenses as well as legal fees that you incur because of your access to the App or its use, your content or from violations on your part against this Agreement or that are related in any way to this Agreement.

  1. Miscellaneous

Should a provision of this Agreement be deemed ineffective, the rest of this Agreement shall remain in effect to its full extent. The non-exercise or non-performance of a right or a provision of this Agreement by the company shall not constitute a waiver of this right or provision. You hereby agree that your right of use to the App is not transferable and that all your rights to your App usage and to its contents shall end upon your death. This Agreement does not establish any agency, partnership, joint venture or employment relationship and you may not make any assurances or bind “I willl” in any way.

You get the I willl app
on the App Store and on Google Play.

 

Coming soon!