Terms of Use

Terms and Conditions of Use

Welcome to Klick’s Terms and Conditions of Use (these “Terms”). This is a contract between you and Klick (as defined further below) and we want you to know yours and our rights before you use the Klick website or application (“Klick”). Please take a few moments to read these Terms before enjoying the App, because once you access, view, or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).

Klick Rules & Terms

Before you can use the App, you will need to register for an account (“Account”). To create an Account, you must:

1. be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and

2. be legally permitted to use the App by the laws of your home country.

You can create an Account via manual registration by phone number. For more information about what information, we use and how we use it, please check out our Privacy Policy. Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission. You’ll have great fun on Klick, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

Klick is free of charge.
When using Klick, you undertake to observe the applicable legal regulations.
You may not use your private profile on Klick for business purposes e.g., for the commercial offering of goods or services or advertising.

2. Types of content

There are three types of content that you will be able to access on the App:

1. content that you upload and provide (“Your Content”);

2. content that members provide (“Member Content”); and

3. content that Klick provides (including, without limitation, database(s) and/or software) (“Our Content”). There is certain content we can’t allow on Klick.

We want our users to be able express themselves as much as possible and post all sorts of things on Klick, but we have to impose restrictions on certain content which:

contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libelous;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Klick or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent;
is harmful to minors; or
impersonates any other person, including falsely stating your name. Klick operates a zero-tolerance policy for this kind of content.

Your Content

You agree that Your Content must comply with our Guidelines, as updated from time to time. As your content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with your content.

Sorry that was a bit of a mouthful, but you are what you post!

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Klick is a public community, Your Content will be visible to other users of the App all around instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Klick Users). By uploading Your Content on Klick, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (Including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We do not have any obligation to store Your Content - if it’s important, you should make a copy.

Member Content

Other members of Klick will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Klick users’ personal information to the extent that your use of it matches Klick’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what happens to the rest of the Content on Klick. Well, it belongs to us!

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Klick, as well as the Klick software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;

2. you shall not use our name in metatags, keywords and/or hidden text;

3. you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and

4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content.

3. Restrictions on the App

You agree to:

comply with all applicable German laws, including without limitation, privacy laws,

intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements

use your real name and real age in creating your Klick account and on your profile; and
use the services in a professional manner.

You agree that you will not:

act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity
disclose information that you do not have the consent to disclose
stalk or harass any other user of the App
create or operate a pyramid scheme, fraud or other similar practice, or
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Klick or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the Klick community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block’ button. We reserve the right to investigate any possible violations of these Terms, any Klick user’s rights, or any third-party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App. We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

You understand that Klick does not currently conduct criminal background checks on its users. Klick also does not inquire into the backgrounds of its users or attempt to verify the statements of its users. Klick makes no representations or warranties as to the conduct of any users or their compatibility with any current or future users. Klick reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

You agree to, and hereby do, release Klick and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

4. Privacy

For information about how the Klick . collects, uses, and shares your personal data, please check out our Privacy Policy. By using Klick, you acknowledge that we may use such data in accordance with our Privacy Policy. The perceived value or purchase price, if applicable, of any Virtual Items and Klick shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

5. Push Notifications

Location Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Klick services, such as enhancements, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@klick-app.com.

The App may allow access to or make available opportunities for you to view certain content, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

6. Disclaimer

The app, site, our content, and member content are all provided to you “as Is” and “as available” without warranty of any kind, either express or Implied, including but not limited to, fitness for a particular purpose, Title, or non-infringement. Without limiting the foregoing, we do not Guarantee the compatibility of any matches. Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.

Additionally, we do not make any warranties that the app or site will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the app, site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the app or site is at your own risk. You are solely responsible for your interactions with other members. Klick is not responsible for the conduct of any user. Klick does not conduct criminal background checks on its members.

7. Limitation of liability

neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the app, site, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.

the foregoing shall apply even if we were advised of the possibility of such damages. if you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site.

You hereby waive any and all claims arising out of your use of the app or site. because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. if any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).

the limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. the app and site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. the foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.

8. Indemnity

All the actions you make and information you post on Klick remain your responsibility.

Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or

reasonably incurred by us arising as a result of, or in connection with:

1. any negligent acts, omissions or willful misconduct by you;

2. your access to and use of the App;

3. the uploading or submission of Content to the App by you;

4. any breach of these Terms by you; and/or

5. your violation of any law or of any rights of any third-party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim. The foregoing provision does not require you to indemnify Klick . for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

1. under consumer protection or similar legislation; and/or (iv) intellectual property

infringement claims.

2. The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party

goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to 9. Governing Law: German law applies.

We know our Terms are awesome, but we may have to change them now and again.

As Klick grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also

possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of Klick following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do this, then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also

possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of Klick following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Klick immediately (uh oh, that’s going to be hard!).

Effective date

The Terms were last updated on: 23rd November 2022