Fine Software Factory UG (haftungsbeschränkt)

Terms and Conditions, Last update: 11th of November 2015, Version 1.04

The following General Terms and Conditions govern the contractual relationship between Fine Software Factory UG (haftungsbeschränkt), Mollstraße 1a, 10178 Berlin, Germany (hereinafter referred to as “ UnderCovers ”) and the users of UnderCovers services, and define the conditions under which use of UnderCovers services occurs.

By using the UnderCovers services at e.g. at http://www.undercoversapp.com (including all domains referring to it) and by using the UnderCovers mobile apps for iOS and Android devices (hereinafter referred to as “app”), the user accepts the below mentioned Terms and Conditions. If the user does not accept the Terms and Conditions, the user is prohibited from using or accessing UnderCovers services.

  1. Validity
    The Terms and Conditions also apply if the service is used outside the Federal Republic of Germany. By using the app, the user acknowledges to have read and understood the Terms and Conditions and to have accepted them. Differing regulations and specific user conditions which contradict the Terms and Conditions require written consent of UnderCovers.
  2. Services/Subcontractors
    1. UnderCovers operates a social app and offers the user, via Device Token for iOS devices and Device Registration ID for Android devices, to exchange and compare their sexual fantasy preferences with each other.
    2. UnderCovers is authorized to entrust third-party service providers and agents with the provision of parts or the whole range of services.
  3. Completion of contract/Start of contract
    1. The contract between UnderCovers and the user comes into effect at the time of free download of the UnderCovers app by the user.
    2. The use of the service in its basic features is free.
    3. The user can acquire an upgrade (hereinafter referred to as “premium feature”), which is subject to charge. The acquired premium feature grants the user full access to all content items. Once acquired the user can rematch with the same partner or a new partner as often as he or she wishes. The respective price is shown to the user clearly in the UnderCovers app.
    4. UnderCovers reserves the right to change the price and extent of which parts of the app are free at unspecified times.
  4. Data protection
    UnderCovers data protection guidelines can be found under the following link:
    http://www.undercoversapp.com/privacy as well as in the app’s menu under privacy policy.
  5. User obligations
    1. In order to use the app the user must be 18 years of age or older (and at least of legal age in the user ́s jurisdiction). If the user is below 18 years of age (or has not reached the legal age in his or her jurisdiction), the user must not use the UnderCovers app.
    2. The user agrees to indemnify UnderCovers for all kinds of claims, damages, losses or demands which can arise from participation in this service, insofar these damages do not result from intent or negligence on the part of UnderCovers, or its legal representatives or agents. In particular the user undertakes to absolve UnderCovers from any liability and from all obligations, expenses and claims resulting from damages due to slander, insult, and damage to personal rights, resulting from loss of service for the user, damage to material goods or other claims.
    3. The user is committed to observe the respectively applicable laws when participating and using the mobile app. The execution of sexual practice, as a result from using the app, takes place at the user ́s own risk. The execution of any illegitimate sexual practice or practice being out of order with the user ́s respective jurisdiction is prohibited.
    4. The user undertakes to treat emails and any other possible incoming messages as confidential and not to make these public to third parties or forward them without the consent of the originator. The same applies for names, telephone and fax numbers, addresses, email addresses and / or URLs..
  6. Granting of rights
    1. The user authorizes UnderCovers to show him/her customized promotional offers, based on the evaluation of information contained in his/her app usage behaviour. These promotional offers may contain among other things sexual content.
    2. UnderCovers reserves the right to modify, suspend or stop the app (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to the user. The user agrees that UnderCovers shall not be liable to the user or any third party for any modification or cessation of the app.
    3. Any kind of communication or material, which is sent to UnderCovers through the user via e-mail or any other way, including data, questions, comments, recommendations or anything alike, will be treated by UnderCovers as non-confidential and non-private, exempt from information explicitly stated in the privacy statement. Everything the user sends to UnderCovers becomes property of UnderCovers and can be used for any kind of purposes, e.g. development, assembly and/or marketing for products and services as well as duplication of such information and forwarding to third parties. UnderCovers is allowed, without compensation or any kind of reimbursement to the user, to use his/her ideas, concepts, know-how or techniques which were included in the communication or material the user sent to UnderCovers.
  7. Liability on the part of UnderCovers
    1. For damages that occur of a physical, psychological or financial nature which are connected to the service offered, UnderCovers is only liable insofar if these damages result from a grossly negligent breach of duty on the part of UnderCovers, its legal representatives or agents, or from wilful intent on the part of UnderCovers, its legal representatives or agents.
    2. For damages connected to the service offered and to legal assets other than life, body or health, UnderCovers is liable only insofar as these damages are due to a grossly negligent breach of duty by UnderCovers, its legal representatives or agents, or to wilful intent on the part of the operator, its legal representatives or agents.
    3. UnderCovers bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures. Furthermore, UnderCovers bears no liability for significant restriction to the service.
    4. The user expressly understands and agrees that the use of the services and mobile apps provided by UnderCovers (hereinafter referred to as “services”) is at the user ́s sole risk and that the services is provided on an “as is” and “as available” basis. UnderCovers bears no liability that
      1. The services will meet the user ́s requirements.
      2. The use of the services will be timely, uninterrupted, secure or error-free.
      3. Any information obtained by the user as a result of the service will be accurate or reliable.
      4. Any defects or errors in the software provided to the user as part of the service will be corrected.
    5. The web sites and mobile apps provided by UnderCovers may include hyperlinks to other web sites or content or resources. UnderCovers may have no control over third party web sites or resources. For illegal, faulty or incomplete contents and particularly for damages which result from the use or not use of information presented, solely the operator of the referenced website is responsible and not the party that simply refers to the according publication through links.
  8. Copyright
    All contents of the web sites and mobile apps provided by UnderCovers such as texts, graphics, user interfaces, logos and designs are subject to exclusive intellectual property and in particular include but are not limited to the copyright of UnderCovers or to its licensers. UnderCovers reserves all rights not expressly granted.
  9. Additional regulations concerning the orders of physical products via the app
    1. Contractors
      The purchase contract takes place with Fine Software Factory UG (haftungsbeschränkt), Mollstraße 1a, 10178 Berlin. Further information you can find in our legal disclosure:
      https://undercoversapp.com/english/about-us
      In case of questions, complaints and/ or objections, you can contact us on weekday from 8am till 4pm via support@undercoversapp.com or +49 1573 4376639 (mobile number).
    2. Conclusion of contract
      By placing the products in the app, we issue a binding offer to conclude the contract. The contract takes place as soon as you fill in the necessary data and confirm the terms and conditions as well as the privacy statement and hitting the order button. Directly after ordering, you get a short confirmation via the app. Additionally, we send you a confirmation mail, including an invoice.
      Condition for an effective conclusion of contract is that the ordering process is completed with sending the order.
    3. Shipping fees
      If not stated otherwise, there will be shipping fees in addition to the product prices. More details concerning the fees you can find in the offers. If products are sent to Switzerland or to non-European countries, there might be additional fees or duties.
    4. Payment
      The only payment method is payment by invoice. As long as the right amount is not transferred, the order will not be shipped.
    5. Reservation of propiertary rights
      The goods remain our property until full payment.
    6. Transport damage
      In case any products are damaged during shipping please complain about it by your delivery agent and contact us immediately. The non-compliance of a complaint or not contacting us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. You will however help us claim our own entitlements against the freight carrier or the transport insurance.
    7. Cancellation policy
      In the following you will be informed about the prerequisites and consequences of the legal right of recovation for shipping orders.
      Right of recovation
      Fine Software Factory UG (haftungsbeschränkt) offers its customers a voluntary right of recovation within 100 days.

      Please note the special cancellation regulations for hygiene articles.
      You have the right to revoke this contract within 100 days without giving reasons.
      The withdrawal period is 100 days from the date of receipt of the goods. In case of a contract relating to several goods ordered by the customer under one single order and delivered separately, the withdrawal period shall be 100 days from the date on which you or a designated third party took possession of the last good.
      In order to exercise your right of revocation, you must inform us of your decision to revoke this agreement by means of a clear statement (eg a letter or e-mail sent by post).

      Fine Software Factory UG (haftungsbeschränkt)
      Mollstraße 1a
      10178 Berlin
      Germany
      E-mail: support@undercoversapp.com
      Phone: +49 1573 / 4376639

      In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

      Consquences of cancellation
      If you revoke this agreement, we will repay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For this repayment, we use the same payment method you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment charges.
      If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us.
      You must return the goods immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract to

      Vinico e.K.
      Bahnhofstr. 19
      78224 Singen (Hohentwiel)
      Germany
      (Note: Vinico e.K. Takes over the logistics for Fine Software Factory UG (haftungsbeschränkt)).The deadline is respected when you send the goods before the end of the deadline of 14 days.

      Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:
      – Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer, – Contracts for the delivery of goods which can quickly spoil or whose expiration date would be quickly exceeded,
      – Contracts for the supply of sealed goods which are not suitable for return on grounds of health or hygiene if their seal has been removed after delivery,
      – Contracts for the supply of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
      You are only liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
      End of cancellation policy

    8. Contract text storage
      We store the contract text and send you the order data by e-mail. You can also view and save the terms and conditions on this page at any time.
    9. Contractual language
      The languages available for the contract are German and English.
    10. Warranty
      1. The warranty is subject to legal regulations. For all defects occurring during the legal warranty period of two years from delivery, you have the legal right to supplementary performance (according to your choice: defect removal or new delivery)
        and -if legal requirements are met – the statutory rights to reduction or rescission as well as to damages.
        You must grant us two attempts to rectify the defect if you have not previously set a reasonable deadline which has passed without result. If the desired type of supplementary performance is only possible with disproportionate costs, your claim to the other type of supplementary performance is limited.
      2. We assume no liability for damage and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overexertion or improper repair by an unauthorized service partner.
      3. If you wish to repair or replace a defective product, please return the product free of charge. Information about the defect liability: The statutory liability for defects shall apply.
    11. Warranty for defects
      Information about the defect liability: The statutory liability for defects shall apply.
  10. Changes to Terms and Conditions
    UnderCovers reserves the right to change and amend the Terms and Conditions via publication of the changed and amend Terms and Conditions at any time. It is the user ́s responsibility to frequently check the Terms and Conditions for changes or amendments. The continued use of the mobile app after the publication of the changed and amended Terms and Conditions is considered as the user ́s acceptance of the implementation of the changes and amendments.
  11. Final provisions
    1. Contract amendments, additions and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement.
    2. Contractual agreements of partners are subject to the law of the Federal Republic of Germany excluding the UN Convention of International Sale of Goods (CISG) and the conflict of laws.
    3. Should individual provisions of this agreement be or become invalid or unworkable, the rest of the agreement remains valid. The invalid or unworkable provision is to be replaced by a valid and workable regulation of which effects come closest to the economic aim that the contract partners pursued with the invalid and unworkable provision. The above provisions apply accordingly in the event that the contract is shown to be incomplete.