1.1 When registering as a user (creation of a user account by the user) at Confident Studio app/website, the user agrees to the validity of these general conditions of use.
Unless explicitly stated otherwise in these Terms and Conditions and/or on the individual Internet pages of Confident Studio, these General Terms and Conditions shall apply to all offers, contents, functions, and other services (summary: applications) of Confident Studio.
- User Registration
2.1 The prerequisite for the use of our services is the creation of a user profile by the user, in which the user can store electronic image files, which reproduce his profile as well as textual descriptions of the profile.
2.2 A requirement for registration as a user at Confident Studio App is reaching the age of eighteenth (18th). Confident Studio is entitled, but not obliged, to check the age of the user on the basis date of birth entered by the user.
2.3 Registration as a user requires that the user enters all mandatory data correctly into the electronic registration form that Confident Studio provides for these purposes.
2.4 Confident Studio is not responsible for verifying if the user has entered correct personal details including date of birth.
- Usage agreement
3.1 In order to conclude the usage agreement, it is necessary to install the software offered by Confident Studio, via which the communication network is implemented, on the user’s (mobile) device.
3.2 In order to conclude the usage agreement, it is necessary for the user to register himself/herself in the communication network via the software provided by Confident Studio.
3.3 Users are not entitled to conclude a usage contract. Confident Studio can refuse a beneficiary without stating reasons. In such a case, Confident Studio will promptly delete the data provided by the respective user in the registration form.
- Free and paid services
4.1 The free service agreement allows registered users to use the basic functions of Confident Studio App (basic user), particularly the representation of the data (image files / text files) intended for retrieval against other users, and the possibility, for example, of contacting other users via electronic messages within the (App) provided by Confident Studio for this purpose and to get to know them with mutual interest. Confident Studio owes no success in this respect, but only the provision of the technical services to enable Confident Studio to make contact. Any form of marriage or matchmaking is not covered by the usage contract/User agreement.
4.2 In addition to the free use of the basic functions, registered users have the possibility to claim additional services and features (summary: services) from Confident Studio for remuneration. The nature, content, scope, and prices of the available additional services can be found on the Confident Studio website or within the app’s description. The fees to be paid may entitle to a single or multiple use of a service, to use as a credit for one or more services, for time-dependent use (e.g., days, weeks, etc.) of services, or other forms of use. In addition to these terms and conditions, supplementary terms and conditions of the respective provider which provide the availability of the software for a specific operating system (e.g. Google Playstore), which also regulates the applicable payment modalities, apply to the fee-based additional services. The user must agree to the supplementary conditions before claiming the services in question, which results in a paid usage relationship. To that extent, as the applicable supplementary terms do not contain any deviating regulations, all fees shall be due upon conclusion of the contract.
4.3 The content and scope of the basic functions offered by Confident Studio and the additional paid services 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 the repayment, if any, proportionate. Any further claims of the user are excluded.
- Cancellation of usage contract
5.1 The free basic user runs indefinitely and can be terminated by the user at any time, most simply by deleting the user account in the settings, alternatively by e-mail to info@Confidentstudio.com.
5.2 The ordinary termination of chargeable usage conditions is excluded if it is not a subscription. If the user subscribes to a subscription, this will automatically be extended depending on the period chosen, provided that the user does not terminate it within 24 hours’ notice of expiration. The termination of paid usage relationships has no influence on the existence of free basic usage and the use of basic functions. In order to terminate the basic user, the user can delete or cancel his profile at any time in accordance with clause 5.1. With the termination of the basic use of payable usage conditions.
The right to extraordinary termination without notice for good cause shall remain unaffected and shall be governed by statutory provisions.
- Checking, blocking, deleting and securing user data
6.1 Confident Studio is entitled, but not obligated, to check the data and content set by users for the compliance with the terms and conditions and laws and to block or delete the contents concerned in whole or in part with the occurrence or imminent violations or legal violations.
6.2 The User shall take care of any data backup desired by the user. A data backup is not provided by Confident Studio. Confident Studio assumes no liability whatsoever for the non-recovery of user data within the software provided by Confident Studio (including databases) in the event of a loss or damage to the data.
- Access data
7.1 The user shall treat his access data, particularly his password, confidentially and shall not pass them on to third parties or share them with third parties. Access data must be kept secure before access by third parties. Passwords should be changed regularly, at least every three months.
7.2 Should the user provide access to his access data, particularly passwords to third parties, or otherwise use or disseminate them, Confident Studio has the right to temporarily or permanently block the profile of the user concerned and to terminate the user agreement without notice.
7.3 If the user has reason to believe that a third party uses his access data and/or profile, immediately inform Confident Studio in text form (e-mail) and Confident Studio shall provide all available evidence.
7.4 The user is solely responsible for the use of his access data, particularly passwords, by third parties or for acts or explanations, which are made via his profile. The user shall indemnify Confident Studio from all claims in respect of third parties, including the costs of the defense (legal and judicial costs), at the statutory rate on the first request. This does not apply if this is not the responsibility of the user. Confident Studio’s liability for loss or misuse of the access data is excluded.
- Data utilization and Data protection
8.1 Confident Studio collects, processes, and uses personal data within the scope of the granted consent and legal provisions.
8.3 Confident Studio explicitly points out that the data published by users at Confident Studio are voluntarily made available to a broad public.
8.4 Despite the fact that Confident Studio is constantly updated by firewalls and other protective devices, the highest possible security standards (in particular, SSL encryption of all data) is absolutely impossible to protect data on the Internet against unauthorized third-party access (hackers). Confident Studio is therefore not responsible for the unauthorized knowledge of user data by third parties, which by unintentionally overcoming the protection devices used against unauthorized access to stored data.
- Liability of Confident Studio
9.1 Confident Studio assumes no liability whatsoever for the correctness, completeness, topicality, and legality of the data and contents posted by users. This exclusion of liability applies, particularly, if such content violates intellectual property rights (trademark rights, copyrights, etc.) or personality rights (e.g. general principles of personality, right to own image, etc.) of third parties. Confident Studio shall not be liable for any misuse of the content posted by users by other users or third parties.
9.2 Confident Studio does not check the data and content posted by the users to Confident Studio App by means of a preliminary check. Confident Studio has no influence whatsoever on the contents of linked third-party Internet sites, a prior check is not carried out. Confident Studio is neither possible nor able to reasonably anticipate an ongoing control of the contents of third-party users or the contents of linked third-party internet sites.
9.3 As soon as Confident Studio becomes aware of legal violations in the content posted by users or on linked third-party sites, Confident Studio will remove such content and/or links within a reasonable period of time and take all necessary technical and personnel measures to avoid identical legal violations in the future. In addition, the user is obligated to provide all information on request against Confident Studio on request, particularly to express himself comprehensively to the complaint that content infringing the users’ profile has or has been discontinued. The user is expressly obliged to cooperate in the removal of legal violations.
9.4 To that extent, as this is not within the sphere of responsibility of Confident Studio or its experienced agents, Confident Studio is not liable for the uninterrupted usability or accessibility of Confident Studio App and website, for technical transmission delays or failures or for the correct functioning of infrastructures or transmission paths of the Internet. Even as long as interruptions to the availability of Confident Studio App and website are necessary due to maintenance work, the liability of Confident Studio is excluded.
9.5 Confident Studio is not liable for damage caused by force majeure, war, terrorism, and natural events or other events not foreseen by Confident Studio (e.g. strike, lockout, power failures, traffic disruptions, public orders, etc.).
9.6 If the liability of Confident Studio is excluded or restricted, this also applies to Confident Studio employees, staff, representatives, and vicarious agents.
- Guarantees of the user
10.1 The user guarantees that the data provided by him during the registration (obligatory) and later information on his person correspond to the truth and that the profile image or other image files, which are transmitted, exclusively represent the user himself. The user guarantees and agrees that no image files transmitted by him to be used in the user profile, which can be used or used for publication within the software (app), will not be reproduced by third parties.
10.2 The user guarantees that the content he has set does not violate any legal regulations.
10.3 The user guarantees that all of the content (e.g. profile, texts, photos, graphics files, links, brands, etc. in any form) which he or she has set out to be used on Confident Studio App or website are protected by third parties (E.g. personality, trademark, copyrights, etc.) neither exist nor be infringed.
10.4 The user is responsible for the technically perfect condition, as well as the virus-free nature of the content he has set in Confident Studio App or website, He/she is also liable for any damages that Confident Studio incurs due to errors, viruses, worms, Trojans, etc. contained in the content he has set. This does not apply if the user is not responsible for the damage of data.
- Responsibility and obligations of the user
11.1 The user may only use Confident Studio’s services for private purposes according to the terms of the agreement. The user is solely responsible for all content posted by the user to Confident Studio.
11.2 The user is solely responsible for matchmaking, dating attempts, mutually agreed meetings with other users and its consequences. Users will not hold Confident studio responsible for any of the consequences of their matchmaking attempts and further actions. Confident Studio acts only as a facilitator to establish communication between interested users/parties. User will indemnify Confident studio against any legal actions or claims arising from any such incidents.
11.3 The user must report any fraudulent or offensive behaviour of other users to Confident studio via Report/Block user option. Confident Studio will then review user actions and if needed terminate the usage contract with them.
11.2 The user may only add contents (in particular texts, photos, illustrations, symbols, symbols, etc. in any form) to Confident Studio App or website, insofar as the rights required for publication on Confident Studio App or website are held.
11.3 The user may only send messages of any kind (messages, etc.) to users of Confident Studio App solely for the purpose of private communication. The user is to refrain from any untruthful, offensive, harassing, defamatory, sexist, racist, extreme political, extreme religious or extreme ideological expressions, or utterances that mislead the sender of the statement. The User shall be responsible for the responsible use in the communication means made available to him.
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 Confident Studio App (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 Confident Studio access data (in particular passwords) including his own access data for Confident Studio App, codes or serial numbers of any kind.
11.6 The user may not place any links on websites with illegal content on Confident Studio App and website. Likewise, users are prohibited from making any expressions, offensive, harassing, defamatory, offensive, sexist, racist, extreme political, extreme religious or extreme ideological expressions within the software in the user profile or otherwise on website.
11.7 Setting the following contents to Confident Studio App or website 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 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.) Other users of Confident Studio, 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.
- Electronic attacks
Electronic attacks of any kind on the Confident Studio servers/databases/network or on individual users are strictly prohibited. Any electronic attack will lead to the immediate exclusion of the responsible user (extraordinary termination without notice) and will be prosecuted – as far as legally possible – in civil and criminal law. As electronic attacks are valid without this list being final:
⦁ Hacking attacks and attempts to overcome, bypass, or otherwise disable Confident Studio
s security barriers. ⦁ Intercept or attempt to intercept for other recipients of certain personal messages. ⦁ Use of computer programs (e.g. crawler, spider, bot) for the automated reading, saving, editing, changing or forwarding of data from the Confident Studio databases or for the automated setting of content on Confident Studio, in your own profile, in messages, etc. ⦁ Intentional use and/or dissemination of data or content to Confident Studio which, by its nature or nature (e.g. errors, viruses, worms, Trojans, etc.), size or duplication (e.g. spamming, mail bombs, etc .) To jeopardize the existence or operation of the data center or data network of Confident Studio or the computers and programs of users of Confident Studio ⦁ Intentional use of links, programs or other procedures that may or should be harmful to Confident Studios servers/databases/networks or individual users
⦁ Brute force attacks
- Legal consequences in case of violation of these terms and conditions
13.2 The user shall indemnify Confident Studio against all claims, third parties against Confident Studio, their legal representatives and / or fulfilment aids due to a breach of the user against legal regulations (E.g. personal and / or intellectual property rights such as trademarks / copyrights, etc.), or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defence (Legal and judicial costs at the statutory rate) on first demand. The user is obliged to assist Confident Studio in the defense of such third-party claims to the best of his knowledge and to provide the necessary information and/or information for this purpose.
13.3 The assertion of further claims (e.g. damages, omission, etc.) and the reimbursement of a criminal complaint remain unaffected.
- Inclusion of third parties
14.1 Confident Studio shall be entitled to delegate the rights and obligations under this Agreement to third parties, in whole or in part, in particular, to commission third parties to provide parts or the entire range of services of its services provided that this is reasonable for users and does not adversely affect the users , In particular the provision of the services and the fulfilment of the other contractual obligations of Confident Studio without restriction. The protection of data shall remain unaffected.
14.2 The user is not entitled to transfer the rights and obligations from the use relationship to third parties in whole or in part.
- Change of terms and conditions
Confident Studio is entitled to amend these General Terms and Conditions at any time if and to the extent that this change is in the legitimate interest of Confident Studio. A legitimate interest is in particular if the changes are necessary to fulfil legal requirements, to integrate new functions within the communication platform (software or App ) or because of changes in company orientation or processes.
The changed conditions will be announced to the user two (2) weeks before their entry into force or will be displayed within the software or app at or before the use of the app. If the user of the validity does not object to the amended terms within two (2) weeks after receipt, the changed conditions are considered accepted. Confident Studio will separately notify the user in the e-mail or within the software or app, which contains the changed conditions, the significance of the two-week period. If the user rejects the validity of the amended terms, the user or Confident Studio can terminate the existing usage relationship at any time.
- Severability clause
Should individual provisions of these General Terms and Conditions be or become impracticable, the validity of the General Terms and Conditions and the Usage Agreement remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The above provisions apply in the event that the contract proves to be incomplete.