Snoggle

Terms and Conditions

Last revised on 31st of July, 2022

Preamble

The following Terms and Conditions regulate the relationship between Joy Media AG (referred to hereinafter also as "Joy Media") and the users and customers of their tele-media services (referred to hereinafter also as ‘Users’). They define the conditions under which the services offered by the app ‘Snoggle’ are used.

  1. Acceptance of the Contract on the Terms and Conditions
  2. By creating an account or using Snoggle, whether through a mobile device, a mobile application or computer (referred to collectively as the ‘Service’), the User agrees to be bound by the following terms of use.

    Joy Media may make changes to the contract and the Service from time to time. We may do this for a variety of reasons, including to reflect changes in the law or regulatory requirements, new functions or changes in business practice. The most recent version is always the applicable version. If the changes include significant changes that affect your rights or obligations, we will notify you of the changes in a reasonable manner, such as by notification via the Service or by email. If you continue to use the Service after the changes take effect, you agree to be bound by the revised contract.

  3. Access
  4. Access for the use of the Joy Media database and Services is granted after registration of the User. Registration involves the use of a password and pseudonym assigned by the User. Registration requires the User to enter an email address and to fill in the registration form in full.

    Alternatively, the User is offered a connect function from third-party providers (e.g. Facebook Connect). When registering via the connect function of a third-party provider, the respective profiles of the User are transferred to the Joy Media database. When registering via the connect function of a third-party provider, the User must confirm the respective terms and conditions of the third-party provider.

  5. Scope of services
  6. Joy Media provides Users with access to a central database system via its mobile application. This database system contains profiles and information about other Users. After registering and creating their own profile, Users have the option of searching for other profiles in the database. Users can view the profiles of other Users and contact them. In addition, Joy Media offers the possibility of accessing data material from selected Users within the scope of access to the database system. The content, type and duration of the data material made available by the respective User is the sole responsibility of the User.

    Joy Media provides both free and chargeable services. With the free registration, the User can create a profile, view the profiles of other Users and read messages from other Users. Likewise, a User can tag the profiles of other Users free of charge. If two Users tag each other’s profiles, this is indicated to both Users. This constitutes what is known as a match.

    For a fee, in addition to the free services listed above, the User is offered the opportunity of contacting other Users and writing messages to them. The User will be informed of the costs, content and scope of the Services as well as the price and terms of payment before these Services are made available.

  7. Authorisation
  8. Persons who are not of legal age, as well as those acting on behalf of a third party, shall be excluded from using the Services of Joy Media. If Joy Media has reasonable grounds to suspect that a person is not entitled to participate, Joy Media shall be entitled to verify the identity of the person by requesting official documents. Users who are not eligible to participate shall be excluded from using the Services of Joy Media.

    By creating an account and using the Service, the User declares and guarantees that:

    • they can enter into a binding contract with Joy Media;
    • they will comply with the contract and all applicable local, station, national and international laws, rules and regulations; and
    • they have not at any time committed a felony or criminal offence (or a crime of similar magnitude), a sexual crime or a crime involving violence, and that they are not listed as a sex offender on any state, federal or local sex offender registry.
  9. Termination of free membership
    1. A User is entitled to delete their profile at any time without giving a reason.
    2. In addition, Joy Media reserves the right to refuse a User’s registration at any time without giving a reason.
    3. If the User violates these General Terms and Conditions, Joy Media is entitled to terminate the membership at any time without notice.
    4. On termination of the membership, all obligations of the operator to store User data shall end, unless otherwise provided by law.
  10. Changes to the Services
  11. Joy Media is always looking to improve the Service and provide additional functionalities to Users that they find appealing and useful. This means that Joy Media will introduce new product functions or enhancements from time to time, as well as remove some functions, and where these actions do not have a major impact on User’s rights or obligations, Joy Media may implement them without giving Users prior notice. Joy Media may even suspend the Service altogether, in which case Joy Media shall notify Users in advance, unless extenuating circumstances such as security concerns prevent it from doing so.

  12. Purchases
  13. In addition to the free Services, Joy Media offers the User various chargeable Services. With each individual use of these Services, the User enters into a new contractual relationship with Joy Media. Each use of a Service constitutes a new contractual relationship. These Services are completely separate from the free use of the Joy Media database system. The individual contract conclusions do not constitute subscriptions. The contract is concluded by the User selecting the chargeable Service and accepting the payment obligation by pressing the "Buy" button (hereinafter: Ordering Process). The chargeable Services are also subject to these Terms and Conditions.

    • Online purchases
    • If the User chooses to make a purchase through Snoggle, the User agrees to pay Snoggle all fees at the displayed price for the Services selected as well as any charges or taxes that may apply to the User’s payment. Further, Snoggle is authorised to charge the selected payment provider (the User’s ‘method of payment’). Snoggle may correct any billing errors or mistakes, even if payment has already been requested or received. If the User makes a chargeback or reverses payment in any other way through their payment method, Joy Media may, at is sole discretion, immediately delete their user account.

    • Coins
    • By concluding a chargeable contractual relationship, the User is credited with an amount selected in the Ordering Process in the form of a credit account. The credit balance is kept in what are known as ‘coins’. The User can send messages to other Users at a cost of 20 ‘coins’. If the credit account has no more ‘coins’, it is not possible to send another message to other Users – with the exception of a match and super match. The User can add ‘coins’ to their credit account again through the Ordering Process, which in each case concludes a new purchase contract.

    • Virtual items
    • The ‘coins’ are virtual items that the User purchases. The User is only permitted to purchase virtual items through Joy Media and no other way. Virtual items constitute a limited license right subject to this contract. Unless otherwise prohibited by applicable law, virtual items purchased by Users are licensed to them and the Users acknowledge that no title or ownership interest in the virtual items is transferred or assigned to them. This contract shall not be construed as a sale of any rights in virtual items. No balance in the User’s account in respect of the virtual items shall constitute a real world account balance or reflect any stored value, but shall represent a measure of the scope of the User’s licence. Virtual items shall not be subject to any fees for non-use; however, the licence granted to the User for virtual items shall terminate, subject to the terms of this contract, if Joy Media ceases to provide the Service or the User’s account is otherwise closed or terminated. Joy Media reserves the right, at its sole discretion, to charge fees for the right to access or use virtual items and/or may distribute virtual items for a fee or free of charge. Joy Media may manage, regulate, control, modify or remove virtual items at any time. If Joy Media exercises any of these rights, Joy Media shall not be liable to the User or to any third party. The transfer of virtual items is prohibited and the User shall not sell, take back from or otherwise transfer virtual items to any person or entity. Virtual items may only be redeemed through the Service. All purchases and redemption of virtual items made through the Service are final and non-refundable. The provision of virtual items for use within the Service is a Service provided by Joy Media and commences immediately upon acceptance of the User’s purchase of these virtual items.

    • Refund
    • The User acknowledges that Joy Media is under no obligation to refund for any reason and that they shall not be entitled to any money or other compensation for unused virtual items if an account is closed, whether intentionally or unintentionally. However, Joy Media will consider each request on a case-by-case basis and has the right to make refunds only as a gesture of goodwill and without acknowledging any legal obligation.

      In general, all fees for purchases are non-refundable and there are no refunds or credit notes issued for partially used periods.

      Purchases of virtual items are final and non-refundable.

  14. Terms of payment
    • The fee for chargeable Services must be paid to Joy Media in advance and will be collected in full by the payment method selected in the order process, such as credit card, direct debit, instant bank transfer (Direktüberweisung), Giropay, Apple Pay, iDeal, Przelewy24, PayPal or your personal Google Play or iTunes account. After a successful Ordering Process, the coins will be credited to the customer account immediately or within 2 hours at the latest. When purchases are made through a credit card, Joy Media AG will appear as a descriptor on your statement.
    • Joy Media may have payments for chargeable services processed by an external service provider commissioned by Joy Media.
  15. User obligations
    • The User shall bear sole responsibility for the content of their registration, the further personal details provided and thus for the information about themselves provided. The User assures that the data provided is true and describes them personally. False statements made intentionally or fraudulently may result in civil and criminal proceedings and may entitle Joy Media to block the user profile without affecting Joy Media’s claim to remuneration.
    • The User shall ensure that they do not use the Services of Joy Media for business or commercial purposes, in particular for advertising purposes. The User shall not be permitted to read out the contents and profiles of other Users manually or by using computer programs in order to use the data obtained in this way.
    • The User is obliged to treat their access data confidentially. If access data is passed on to third parties, the User is responsible for all consequences of this action. If there is any suspicion that the access data has been passed on to third parties, the User shall inform Joy Media of this without delay and shall take suitable measures to prevent further misuse (for example by changing the User password).
    • Users are prohibited from distributing explicit content in any form.
    • Furthermore, the User undertakes not to misuse the Services of Joy Media, in particular not to use them to distribute defamatory, racist, inciting or in any other way illegal material or information of this kind;
      • not to solicit illegal pornography through the database system or from other Users;
      • not to use them to threaten, harass or infringe the rights (including privacy rights) of other Users or performers;
      • not to introduce data into the system or database that contains a virus or that contains software or other material protected by copyright or other proprietary rights, unless the User is the owner of the relevant rights or has the necessary consent to use them;
      • not to use the Services in a manner that adversely affects the availability of the Services to other Users;
      • not to intercept or attempt to intercept any emails or other messages;
      • not to send chain letters;
      • not to send emails or other messages that serve a commercial or business purpose;
      • not to include names, addresses, phone or fax numbers, messenger addresses, emails or URLs in profile data;
      • not to collect, store or process personal data about other Users.
    • Non-compliance with the above code of conduct or a breach of other duties regulated in these GTC shall entitle Joy Media to immediately block the User’s access to the database and to terminate the contract without notice for good cause.
    • Insofar as the User associates commercial or business interests with the conclusion of the contractual relationship or uses the data made accessible to them for business or commercial purposes or for purposes not expressly approved by Joy Media, they agree to pay Joy Media a contractual penalty to the amount of EUR 1,000 for each proven infringement. Further claims for damages are unaffected by this.
    • The User is also obliged to comply with Joy Media’s photo/image guidelines.
  16. Violation of User obligations
  17. If the User violates these General Terms and Conditions, Joy Media is entitled to terminate the membership at any time without notice and the User’s account is deleted.

  18. Communication
    • Joy Media sets up an electronic mailbox for the User under their account/profile. This serves the purpose of contact with other Users and the transmission of service messages from Joy Media. Further messages from Joy Media to the User shall be made via the email address provided by the User.
    • A chat is made available to Users of the Joy Media database for the mutual exchange of information in text form, as well as for gifts and nudges for establishing contact. Users themselves are responsible for how they communicate with each other and for using appropriate language. The use of sexually suggestive language at the outset and innuendos during communication is prohibited.
    • A chat can be started by the User at any time. Users who have a predefined number of ‘coins’ can write to other Users for a fee.
    • A User receives push notifications by default. The notifications include information about chat messages received, visits to the profile by other Users, tagging of the profile by other Users and matches or friendship requests. The notifications can be turned off in the app settings.
    • Snoggle is a pure entertainment platform. Here, Users should be able to experience fascinating and entertaining flirtations. Joy Media's service is to provide sparkling conversations with professional chat partners who have been carefully selected. These will chat and flirt with Users via the Snoggle app if they so choose. The professional chat partners operate purely fictitious profiles for the purpose of mere entertainment, which are not labelled separately. They work for Joy Media and are not available for meetings outside the platform. All statements and all personal data of the fictitious profiles are freely invented by the professional chat partners. A female profile can also be operated by a male professional chat partner and a male profile can also be operated by a female professional chat partner and vice versa. Users are not separately informed during chats that they are only flirting and chatting with a professional chat partner. This moderation by Joy Media ensures activity on the Snoggle app and also generates revenue for Joy Media. Chat partners, or fictitious profiles, are not obliged to admit in dialogue with a User that they are not genuine, as any statement as described above is fictitious and this is stated in these TOS.
    • Fictitious profiles include personal data made up by the moderators and contact details created to match the profile in question. All statements as well as all personal data provided by the fictitious profiles are inventions of the moderators. The fact that contact details are given for a profile does not imply that a real person is behind the profile.
  19. Advertising and newsletter
  20. By registering with Joy Media, the User expressly agrees that messages containing information about Snoggle, as well as information about other Users, may be sent to them. The User is entitled to stop the sending of such messages at any time.

  21. Prohibition of commercial or business use, prohibition of spamming
    • The User assures that they are not pursuing any commercial and/or business background in connection with their use. They undertake not to use the Snoggle website and mobile app for commercial or business purposes.
    • Commercial or business use, which the user hereby undertakes to refrain from, notably includes:
      • the offering of goods or services for monetary value, the request to submit a corresponding offer or the reference to a corresponding offer accessible elsewhere
      • advertising for commercial or business internet sites or apps, in particular those that
        • offer goods or services against payment,
        • serve the presentation or advertising of companies or
        • advertise other commercial portals.
        • This applies in particular to advertising of companies in the form of pop-ups, banner advertisements or through particularly highlighted or conspicuous links. An internet site is considered commercial if it links directly or indirectly to the commercial internet portal of another operator.
      • Contacting for the purpose of subsequent profit-making, in particular by subsequent references to 0900 numbers or value-added text message numbers.
    • The User undertakes to refrain from advertising commercial offers in any form to other Users of the Service offered here or to other Users and not to send any messages that serve a commercial or business purpose. This also applies to setting or naming links in publicly accessible profiles or to sending messages with the internal message exchange systems (e.g. message dispatch, forums and profile data).
  22. Damages
    • A user who pursues or uses Snoggle for commercial or business purposes within the meaning of Clause 13 without the permission of Joy Media shall be obliged to pay lump-sum damages to the amount of EUR 5,000 In this case, the User shall be permitted to prove that no damage has been incurred at all or that the damage is significantly less than the lump sum. Joy Media shall be entitled to prove that it has suffered greater damages as a result.
    • In the event of a wilful or grossly negligent breach of the User obligations referred to in Clause 9, the User shall be obliged to pay damages to Joy Media, insofar as the breach does not already give rise to a lump-sum compensation pursuant to Paragraph 1 of this clause. In this case, the User shall be permitted to prove that damage has been incurred at all.
  23. Third-party services
  24. The Service may contain advertisements and promotions offered by third parties and links to other websites or internet resources. Joy Media is responsible for the availability (or lack of availability) of such external websites or internet resources. If the User chooses to interact with third parties through Joy Media’s Services, their relationship with the User is subject to the terms and conditions of such third parties. Joy Media is not responsible or liable for the terms, conditions or actions of such third parties.

  25. Changes in the General Terms and Conditions
  26. Joy Media reserves the right to amend these General Terms and Conditions at any time, insofar as this does not affect essential provisions of the contractual relationship and this is necessary to adapt to developments that were not foreseeable for Joy Media at the time of the conclusion of the contract and the non-observance of which would noticeably disturb the balance of the contractual relationship. Essential provisions are in particular those concerning the type and scope of the agreed Services as well as the running time, including the provisions on termination. Joy Media is entitled to make changes in order to close gaps in the contract that arise in particular as a result of changes in the law and changes in jurisdiction.

  27. Liability of Joy Media
    • Joy Media accepts no responsibility and provides no guarantee for the accuracy and security of the data and content published or transmitted by other Users. Similarly, Joy Media accepts no liability for the accuracy of the contents of User profiles. Although it is not permitted, Users may enter incorrect or illegal information and content, or use Joy Media’s services for improper or illegal purposes.
    • With the access to the database, Joy Media provides an IT service and does not owe any success. Since Joy Media has no influence whatsoever on the transport of data via the internet outside its own IT infrastructure, and due to the peculiarities and uncertainties of the internet, Joy Media cannot accept any liability for such external data losses and/or errors in the field of data transmission. Joy Media shall not be liable for failures of the Service that lie beyond its control (e.g. due to force majeure or technical malfunctions of the internet).
    • Joy Media shall not be liable for the misuse of information that the User has personally made available to third parties. Likewise, Joy Media shall not be liable for the unauthorised acquisition of knowledge by third parties of personal data of the Users (for example through unauthorised access to the central database), unless Joy Media has made the unauthorised acquisition of knowledge by third parties possible intentionally or through gross negligence.
    • Joy Media shall only be liable for intent and gross negligence – except in the case of breach of material contractual obligations, injury to life, body or health or in the case of claims under the Product Liability Act. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
    • In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of Joy Media shall be limited to the amount of the damage that is foreseeable and typical according to the nature of the transaction in question.
    • The above limitation of liability shall also apply to the personal liability of the employees, representatives and bodies of Joy Media.
  28. Rights
    • The User shall grant Joy Media a non-exclusive, transferable, spatially unlimited right of use limited in time to the term of the agreement to the content created or posted by them on the database, including images, texts and videos.
    • The User assures that the content posted or created by them and their use do not violate any rights of third parties, in particular no copyrights or other property rights.
  29. Data protection
  30. Joy Media collects, processes and uses the User’s personal data as described in these Terms and Conditions and in the privacy policy. Storage of personal data is based on legal requirements

  31. Data storage and deletion
    • Joy Media retains personal data only as long as permitted by applicable law.
    • Messages in conversations are deleted after 90 days unless the respective conversation partner has been marked as a favorite. Only conversations that are marked as favorites retain their entire history.
    • If a User deletes his or her profile or messages in conversations, this data will generally be permanently and permanently deleted from Joy Media's system. The following cases are exceptions:
      • The data must be retained to comply with applicable law (for example, in the case of app purchases for tax and accounting purposes).
      • The data must be retained to demonstrate compliance with applicable law (e.g., information about a user's behavior when their profile is suspended).
      • If there is an outstanding issue, claim or dispute that requires the relevant information to be retained.
      • The information must be retained for legitimate business interests (for example, to prevent fraud or improve user safety).
    • Note: Even if a user deletes his or her profile or conversation, copies of that information may still be visible and/or accessible to the extent that such information has previously been shared or copied with others or stored by other users or linked to search engines. Joy Media cannot control this and assumes no liability for it.
  32. Cancellation policy
    • Right of cancellation
    • The User has the right to cancel the contracts in question within fourteen days without giving any reason. The cancellation period is fourteen days from the date of individual conclusion of the contract. In order to exercise the right of cancellation, the User must inform us (Joy Media AG, Bahnhofplatz 10, 9100 Herisau, Switzerland) by means of a clear declaration (e.g. in a letter sent by post or an email) of their decision to withdraw from this contract. If the date on which the User informed us in writing of their decision to exercise their right of cancellation is within the statutory cancellation period, their cancellation will be deemed legally valid.

    • Consequences of cancellation
    • If the User withdraws from this contract, we shall be obliged to reimburse all payments that we have received from them, including payments for delivery charges (with the exception of any additional costs resulting from them having opted for a delivery type that differs from the standard, most economical type of delivery usually offered), immediately and at the latest within fourteen days of the date when we received their contract cancellation notification. For this reimbursement, we shall use the same payment method as the one they selected in the course of the original transaction, unless an alternative method has been explicitly agreed with them; under no circumstances will they be liable for any charges resulting from this reimbursement.

      If the User requested that the Service supply was to be commenced during the statutory period of cancellation, they are obliged to pay us an appropriate amount commensurate with the proportion of the Services already supplied before the date on which they informed us of their decision to exercise their right of withdrawal from this contract of the overall extent of the Services to be supplied as per this contract.

    • Sample cancellation form
    • If you wish to cancel the contract, please complete this form and return it

      To

      Joy Media AG

      Werkhofstr. 5

      6052 Hergiswil

      Switzerland

      I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following Service (*)

      Ordered on (*)/received on (*)

      Name of the consumer(s)

      Address of the consumer(s)

      Signature of the consumer(s) (only when notification is on paper)

      Date

      (*) Delete as applicable.

    • Insofar as the User has given their express consent, the right of cancellation shall expire prematurely if the Service requested by the User has been fully provided by Joy Media before the User has exercised their right of cancellation.
  33. Final provisions
    • The legal relationships existing between Joy Media and the User shall be governed by the laws of Switzerland, subject to mandatory provisions. The place of jurisdiction for all claims arising from this contract is Herisau (Canton Appenzell Ausserrhoden), insofar as the User is not a consumer. The applicability of mandatory provisions of the state in which the User has their habitual residence or domicile at the time of conclusion of the contract remains unaffected.
    • Should individual provisions of these General Terms and Conditions be invalid or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected.