General terms and conditions of use for Loovibe

General Terms

In case of any discrepancies resulting from the translation, the wording used in the English version of the terms and conditions shall take precedence. These are the general terms and conditions of use for the online offer of the android application, referred to as the "Dating App" (hereinafter referred to as the "App"). The App is operated by Loovibe and provides an interactive online communication platform, which includes the exchange of text-based messages and the presentation of user profiles. The App allows the use of different features and services that cater to the specific interests of the users. The App may be advertised under various brand names, which may also be subject to trademark law.

The App is exclusively for individuals who have reached the age of eighteen (18) and are considered consumers as defined by Bulgarian Civil Code (hereinafter referred to as "Member" or "User"). Registration and/or use of the App for commercial or professional purposes, including the sending of any form of advertisement (e.g., via news, etc.) to other users of the App, is strictly prohibited.

1. Terms of Use

1.1 By registering as a user and creating a user account in the Loovibe, the user agrees to be bound by these terms and conditions (hereinafter referred to as "Terms"). The user can access the provisions of these Terms at any time, review them in detail, and print or save a copy for their records. Unless otherwise specified in these Terms or on the Loovibe's individual pages, these Terms apply to the use of all features, content, functions, and services (collectively referred to as "Services") provided by the Loovibe.

2. Registration

2.1 In order to use the Services, users must create a profile that includes electronic image files that represent their profile, as well as textual descriptions. Users must be at least eighteen (18) years old to register as a user of the Loovibe. While Loovibe reserves the right to verify a user's age using suitable official documentation, it is not obligated to do so. Users must accurately and completely fill out the electronic registration form provided by the Dating App in order to register.

2.2 By registering, users affirm that they are of legal age and fully capable of entering into this agreement.

3. Establishment of User Agreement

3.1 To enter into the agreement for the use of the Loovibe, users must install the software provided by the Loovibe on their mobile device, which enables communication within the network. Users must also register themselves within the network using the software provided.

3.2 Users do not have an inherent right to enter into a usage contract. Loovibe reserves the right to refuse a user without providing a reason. If Loovibe rejects a user, all data provided by the user during registration will be promptly deleted.

4. Free Basic Membership and Paid Services

4.1 Our free service agreement enables registered users to access the basic features of our dating app (basic user). This includes the ability to view other user's data such as image and text files and to communicate with them through electronic messages within the app until the in-app credits are spent. While we provide the technical services to enable communication, we do not guarantee any success in finding matches, marriages or other forms of matchmaking.

4.2 In addition to the free basic membership, users can choose to purchase additional services from our app for a fee. The pricing and details of these services can be found on our app or within the app's description. The fees can be used for single or multiple uses of a service, as a credit for one or more services, for time-dependent use (e.g., days, weeks, etc.), or other forms of use. Supplementary terms and conditions of the respective provider that regulates the applicable payment modalities apply to the fee-based additional services. The user must agree to these supplementary terms before claiming the services, which results in a paid usage relationship. All fees are due upon the conclusion of the contract unless the applicable supplementary terms contain any deviating regulations.

4.3 The content and scope of the basic functions and the additional paid services offered by our app may be modified, restricted, extended, or discontinued at any time due to continuous further development. If users have already paid fees for services that are subsequently restricted or discontinued or whose use is possible in the future free of charge, the user may require credit to other paid services or a proportionate repayment, if applicable. Any further claims of the user are excluded.

5. Cancellation/Termination of Contractual Relationship

5.1 Our free basic membership runs indefinitely and can be terminated by the user at any time, simply by deleting the user account in the app's settings, or by sending an email to our customer support team at [email protected] or using our customer support page.

5.2 Ordinary termination of chargeable usage conditions is not applicable if the user has subscribed to a subscription. Subscriptions will be automatically extended depending on the chosen period, provided the user does not terminate it within 24 hours' notice of expiration. Termination of paid usage relationships does not affect the existence of free basic usage and the use of basic functions. To terminate the basic user, the user can delete or cancel their profile according to clause 

5.3. Extraordinary termination without notice for good cause remains unaffected and is governed by statutory provisions.

6. Checking, Blocking, Deleting and Securing User Data

6.1 We reserve the right, but are not obligated, to check user data and content for compliance with our terms and conditions and applicable laws, and to block or delete any content that violates them, in whole or in part.

6.2 Users are responsible for backing up their data if desired. Loovibe does not provide data backup services and assumes no liability for the non-recovery of user data, including databases, in case of data loss or damage. Our liability is excluded, particularly if any damage to the user results from their failure to back up their data, which would otherwise have enabled them to recover lost data at a reasonable cost.

7. Access and Account Security

7.1 The user is responsible for maintaining the confidentiality of their account access information, including passwords, and shall not share them with any third party. The user must keep their access information secure and change their passwords regularly, at least every three months.

7.2 If the user shares their access information with third parties or otherwise allows them to use or access their account, we reserve the right to temporarily or permanently suspend or terminate the user's account without prior notice.

7.3 If the user suspects that their account access information has been compromised or used by a third party, they must immediately notify us through our designated channels.

7.4 The user is solely responsible for any activity that occurs under their account, including any unauthorized activity, and shall indemnify us against any claims by third parties, including legal fees and expenses, resulting from such activity. However, we will not be liable for any loss or misuse of the account access information.

8. Data Collection and Protection of Personal Information

8.1 Our app collects, processes, and uses personal information in accordance with the user's granted consent and legal provisions (such as the GDPR). Without explicit consent, we only collect and use personal information to the extent that it is necessary for the execution, use, and, if necessary, settlement.

8.2 Our privacy policy provides information on which data we collect, store, and process, for what purposes, which minimum data is required, which additional voluntary data users may provide, and how we ensure the security of personal information. We also provide technical information regarding data protection, such as cookies and log files.

8.3 Please be aware that any data published by users on our app after approval are made available voluntarily to a broad public.

8.4 We take measures to protect user data, including the use of firewalls and other protective devices. However, it is impossible to guarantee the highest possible security standards against unauthorized third-party access (such as hackers). We are not responsible for any unauthorized access to stored data, even if it results from unintentional circumvention of our security measures.

9. Liability of Loovibe

9.1 Loovibe assumes no responsibility for the accuracy, completeness, currency, or legality of the data and content posted by users. This includes instances where such content infringes on the intellectual property rights (such as trademarks, copyrights, etc.) or personality rights (such as the right to privacy, right to publicity, etc.) of third parties. Loovibe  is not responsible for any misuse of the content posted by users by other users or third parties.

9.2 Loovibe does not pre-screen the data and content posted by users. Loovibe has no control over the content of linked third-party websites, and does not carry out any prior checks. Loovibe is not capable of or obligated to carry out ongoing checks of the content of third-party users or the content of linked third-party websites.

9.3 If Loovibe becomes aware of any legal violations in the content posted by users or on linked third-party sites, it will remove such content and/or links within a reasonable period of time and take all necessary technical and personnel measures to prevent similar legal violations in the future. Users are also obligated to provide all requested information to Loovibe regarding any complaints of content that infringes their profile or has been discontinued. Users are expressly required to cooperate in the removal of any legal violations.

9.4 Loovibe is not responsible for the uninterrupted availability or accessibility of the app, technical transmission delays or failures, or for the proper functioning of internet infrastructures or transmission paths. Loovibe is not liable for any interruptions in the availability of the app that are necessary due to maintenance work.

9.5 Loovibe is not liable for any damages caused by force majeure, war, terrorism, natural disasters or other events that were not foreseen by Loovibe (such as strikes, lockouts, power failures, traffic disruptions, public orders, etc.).

9.6 Loovibe shall be liable for damages resulting from injury to life, body, or health in accordance with statutory provisions. The same applies to damages caused by intentional or grossly negligent acts. In the case of a simple negligent breach of a material contractual obligation (cardinal obligation), the liability of Loovibe is limited to the replacement of the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the above provisions. Furthermore, any further liability of Loovibe is excluded.

9.7 If the liability of Loovibe is excluded or limited, this also applies to Loovibe's employees, staff, representatives, and agents.

10. Guarantees of the user

10.1 The user agrees to provide accurate and truthful information during registration and any further updates of personal information. The user further warrants that any profile image or other image files transmitted represent only themselves and will not be reproduced or used by any third party.

10.2 The user guarantees that any content they post on the app complies with all applicable legal regulations, including but not limited to those outlined in Bulgarian Personal Data Protection Act (PDPA), Electronic Commerce Act (ECA), Electronic Governance Act (EGA), Electronic Communications Act (ECoA), Consumer Protection Act (CPA), and the Advertising Act (AA).

10.3 The user warrants that all content, including but not limited to their profile, texts, photos, graphics files, links, trademarks, etc. posted on Loovibe are not protected by third parties (such as personality, trademark, copyrights, etc.) and do not infringe upon any third party's rights.

10.4 The user is responsible for ensuring the technical integrity and virus-free nature of any content they post on Loovibe. The user is liable for any damages that may result from errors, viruses, worms, Trojans, or any other harmful content contained in their postings, unless such damages are not within the user's control.

11. Responsibility and obligations of the user Liability of Loovibe

11.1 The user may only use Loovibe services for private purposes in accordance with the terms of the agreement. The user is solely responsible for all content posted on Loovibe.

11.2 The user may only add content (including texts, photos, illustrations, symbols, etc. in any form) to Loovibe, provided they have the rights required for publication.

11.3 The user may only send messages of any kind (messages, etc.) to other users of Loovibe for the purpose of private communication. The user must refrain from any untruthful, offensive, harassing, defamatory, sexist, racist, extremely political, extremely religious, or extreme ideological expressions, or utterances that mislead the recipient of the message. The User shall be responsible for the responsible use of the communication means made available to him or her.

11.4 The user is not allowed to transfer personal data of other users (e.g., names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) or personal messages of other users of Loovibe (e.g., messages, etc.) without express prior explicit consent of the data subject or to make it accessible to third parties.

11.5 The user may not publish, exchange, or otherwise make access to any Loovibe access data (including passwords) including his or her own access data for Loovibe, codes, or serial numbers of any kind.

11.6 The user may not place any links on websites with illegal content on Loovibe. Likewise, users are prohibited from making any expressions, offensive, harassing, defamatory, sexist, racist, extreme political, extreme religious, or extreme ideological expressions within the software in the user profile or otherwise on websites.

11.7 Setting the following contents to Loovibe is not permitted to the user, regardless of the form (e.g., in his or her own profile, in messages, etc.), without this list being final: Propaganda Means, Unconstitutional Organizations, Incitement, misleading or impersonating content, violence, threat, violation of human dignity, erotic representations of minors, pornography, advertisement or promotion of drugs, drugs or illicit substances of any kind in an open or concealed form, as well as criminal contents of any kind. Prohibition also extends to content that has satirical or criticizing the above circumstances.

11.8 Advertising by users – in whatever form -, in particular, but not exclusively, the sending of notices with commercial or otherwise company-related content (advertising, personnel recruiting, chain letters, pyramid schemes, competitions, lotteries, betting games, snowballs systems, etc.) to other users of Loovibe, as well as the use of personal data of other users (in particular names, photos, telephone, and fax numbers, address data, e-mail addresses, etc.) for commercial purposes of any kind (especially advertising), is prohibited.

12. Prohibition of Electronic Attacks

The user is strictly prohibited from carrying out any electronic attacks on the application servers, databases, network, or individual users. Any user found to be involved in electronic attacks will be immediately excluded from the platform (termination without notice) and will be prosecuted to the fullest extent possible under civil and criminal law. The following list is not exhaustive and includes, but is not limited to:

13. Legal consequences in case of violation of these terms and conditions

13.1 If a user violates one or more provisions of clauses 10 to 12 of these Terms of Use, Loovibe may take action such as blocking or deleting affected content. In cases of serious infringements, Loovibe may terminate the use agreement without notice. However, any payment obligations that have been reasonably paid for usage will still need to be fulfilled by the user.

13.2 The user is responsible for indemnifying Loovibe against any claims made by third parties against Loovibe, their legal representatives, and/or fulfillment aids, as a result of the user breaching legal regulations (e.g. Bulgarian Personal Data Protection Act (PDPA), Electronic Commerce Act (ECA), Electronic Governance Act (EGA), Electronic Communications Act (ECoA), Consumer Protection Act (CPA), and the Advertising Act (AA)), contractual obligations, assurances, guarantees, or any other reasons. This includes the costs of necessary legal defense (legal and judicial costs at the statutory rate) on first demand. The user must also assist Loovibe in the defense of such third-party claims to the best of their knowledge and provide necessary information and/or information for this purpose.

13.3 Loovibe reserves the right to assert further claims such as damages or omission, and to reimburse a criminal complaint. This means that users may face legal consequences beyond what is stated in these terms and conditions if they violate them.

14. Inclusion of third parties

14.1 Loovibe may transfer some or all of its rights and obligations under this Agreement to third parties as long as it is reasonable for users and does not negatively impact them, and as long as it does not affect the provision of services or the fulfillment of other contractual obligations of Loovibe. However, the protection of data shall remain unaffected.

14.2 The user is not permitted to transfer any of their rights and obligations under this Agreement to third parties, whether in whole or in part.

15. Change of terms and conditions

We reserve the right to update or modify these Terms and Conditions at any time if it is in the best interest of our company. Such updates or modifications may be made to comply with legal requirements, to add new features to our platform, or due to changes in our business processes.
The revised terms will be communicated to you at least two (2) weeks prior to their effective date via email or within the app. If you do not object to the revised terms within two (2) weeks of receiving the notice, you are deemed to have accepted the changes. If you do not agree to the revised terms, you may terminate your usage of our app or we may terminate our relationship with you. We will notify you separately of the significance of the two-week period and the implications of not objecting to the revised terms.

16. Severability clause

If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provision shall be replaced by a valid and enforceable provision that best achieves the intended purpose of the original provision. This provision applies in the event that any part of these Terms and Conditions is found to be incomplete.
Last updated on 2023-03-30