Terms of Use

1. Provider and scope

The friend-referrals.com platform (the “Platform”) is provided and operated by Spacifik UG (haftungsbeschränkt), Gerichtstr. 19, 13347 Berlin, email: [email protected] (the “Operator”, “we” or “us”).

These Terms apply to all agreements on the use of the Platform between the Operator and registered users (“Users”). Deviating terms of the User do not apply, even if we do not expressly object to them.

Agreeing to these Terms is a prerequisite for registration. Consent is given by actively ticking the checkbox in the registration form. Without consent the Platform cannot be used.

2. Platform services

The Platform allows Users to store their own referral links and codes (“Links and Codes”), connect with friends, and view and use the Links and Codes of friends. In addition, the Platform offers features such as invitations, notifications, a level path, and time-limited campaigns.

Use of the Platform is currently free of charge. We reserve the right to offer paid additional features in the future. Existing free features will not become paid without your separate consent.

The Platform is under continuous development. We may change, extend, restrict or discontinue features at any time, provided this is reasonable for you. There is no entitlement to the continued existence of individual features.

We merely provide the technical platform through which Users share Links and Codes with each other. We are neither a party to nor an intermediary of any agreement Users enter into with third-party providers under referral programmes, and we owe no rewards, bonuses or other benefits.

3. Registration and account

Registration is only permitted for natural persons who are at least 18 years old and have full legal capacity. Only one account per person is allowed.

When registering, you provide your real first and last name, a username, an email address and a password, or you register via a third-party login (e.g. Google). You may also upload a profile photo and add a city and bio. All information must be true, complete and up to date and must not infringe the rights of third parties.

Made-up names, pseudonyms, company names or the names of other people are not permitted as your name. We may reject, adjust or delete accounts with obviously inaccurate information without prior notice.

You must keep your login credentials secret and protect them from access by third parties. Actions taken through your account are attributed to you unless you are not responsible for the misuse. Inform us immediately if you suspect your account is being misused.

The user agreement is concluded upon completion of registration and – where applicable – confirmation of your email address. There is no entitlement to registration; we may reject registrations without giving reasons.

4. Publicly visible profile data

The Platform depends on friends being able to find each other. The following profile data is therefore public – i.e. also visible to unregistered visitors and search engines:

• your name (first and last name) as you entered it,
• your username and the address of your profile page,
• your profile photo, if you uploaded one,
• city and bio, if you provide them, as well as the number and list of your accepted friends and your level.

By entering or uploading this data you agree to it being displayed publicly. If you do not want this, you can refrain from providing optional data (profile photo, city, bio) or delete your account. Name and username are required to use the Platform.

We may make public profile pages discoverable by search engines and display profiles in search results, friends lists and suggestions within the Platform.

5. Links and Codes – visibility among friends

The Links and Codes you store, including your notes on them, are not public. They are shown only to you and to Users with whom you have formed a friendship – i.e. only after you have accepted a friend request or your request has been accepted.

You decide which friend requests you accept. Before accepting, consider whether you want to entrust the person with your Links and Codes. You can end a friendship at any time; afterwards your Links and Codes are no longer visible to that person.

Once a friend can see your Links and Codes, we have no control over how they use or pass them on. We accept no responsibility for this. Bonus markers (e.g. “bonus received”) including the amount are visible to the friends involved.

You alone are responsible for ensuring that sharing your Links and Codes complies with the terms of the respective provider (e.g. bank, app, shop). We do not review these terms and are not liable for any disadvantages you suffer from breaching them.

6. User content and licence

You alone are responsible for all content you post on the Platform (name, profile photo, bio, links, codes, notes, messages). You warrant that you hold all necessary rights and that no third-party rights – in particular copyright, trademark, personality or data protection rights – are infringed.

You grant us a non-exclusive, royalty-free, worldwide licence for the duration of your use to store, reproduce, technically adapt (e.g. resize images), make publicly available and display your content to the intended user groups for the purpose of operating, promoting and developing the Platform. This licence ends when the respective content is deleted, unless statutory retention obligations or technically necessary backups require otherwise.

We are entitled but not obliged to review content. We may modify, block or delete content that violates these Terms, applicable law or public decency, or that impairs the Platform, without prior notice.

7. User obligations and prohibited conduct

In particular, the following is prohibited:

• creating multiple accounts, sham or fake accounts, or accounts for other people;
• providing false names, other people’s photos or otherwise misleading profile data;
• posting unlawful, fraudulent, insulting, discriminatory, harmful to minors or otherwise offensive content, or links to such content;
• spam, unsolicited advertising, chain letters, mass invitations to people you do not know personally, and harassing other Users;
• using bots, scrapers, crawlers or other automated means, systematically extracting Platform data, and circumventing technical protection measures;
• manipulating levels, invite counts, unlocks or campaigns, e.g. through arranged sham friendships or self-invitations;
• using the Platform to circumvent third-party terms, trading in links, codes or accounts, and any commercial use without our written consent;
• interfering with the technical infrastructure, in particular injecting malicious code, overload attacks or security testing without our written permission.

You can report violations to us by email at any time. We reserve the right to report violations to the authorities and to claim damages.

8. Levels, unlocks and campaigns

Levels, badges, unlocks, event invitations and similar elements serve as motivation and do not create any legal entitlement. We may adjust requirements, order and content at any time and grant, refuse or revoke unlocks at our discretion or in case of violations.

Prize draws are additionally subject to the respective participation terms, which you must accept separately. (Contest terms)

If we unlock additional features (e.g. “Plus”) for a limited period, access ends automatically when the period expires. There is no entitlement to an extension.

9. Term, termination and suspension

You may end the user agreement at any time without notice by deleting your account in your profile settings. Upon deletion, your profile data, links, codes, friendships and notifications are removed, unless statutory retention obligations apply.

We may terminate the user agreement at any time with 14 days’ notice by email to the address on file. The right to extraordinary termination for good cause remains unaffected.

In case of violations of these Terms, reasonable suspicion of abuse, or a threat to the Platform or other Users, we may temporarily suspend your account without prior notice, remove content, reset unlocks and levels, and terminate the agreement extraordinarily. There is no entitlement to the restoration of deleted content.

We may discontinue the Platform as a whole. We will inform you of this with reasonable notice by email or on the Platform, where possible and reasonable.

10. Availability

We strive for the most uninterrupted availability of the Platform possible but do not owe any specific availability. Maintenance, security updates, disruptions at service providers (e.g. hosting, database, email delivery) or circumstances beyond our control may lead to temporary restrictions. No claims against us arise from this.

11. Liability

We are liable without limitation for damages resulting from injury to life, body or health, in cases of intent and gross negligence, for fraudulently concealed defects, and under the German Product Liability Act.

In cases of slight negligence, we are liable only for breaches of essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the agreement and on whose compliance you may regularly rely). In such cases, liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.

We are not liable for content, Links and Codes of other Users, for the accuracy or currency of referral information, for the conduct of other Users, or for services, rewards, bonuses or terms of third-party providers. External offers reachable via links are beyond our control.

To the extent the Platform is provided free of charge, the statutory liability privileges for gratuitous services apply in addition. The above limitations also apply to the personal liability of our officers, employees and agents.

12. Indemnification

You indemnify us against all third-party claims asserted against us due to a breach of these Terms or applicable law for which you are responsible – in particular through content, links or codes you posted. This includes the reasonable costs of legal defence. You will support us in defending such claims with all reasonable information.

13. Privacy

Information on how we handle your personal data can be found in our privacy policy.

14. Changes to these Terms

We may amend these Terms with effect for the future where this is necessary due to changes in the law or case law, technical developments, new or changed features, or to close regulatory gaps, and provided the balance of performance and consideration is not materially changed to your detriment.

We will inform you of changes at least four weeks before they take effect, by email to the address on file or by a notice on the Platform. If you do not object within four weeks of receiving the notice, the amended Terms are deemed accepted. We will point out this consequence separately in the notice. If you object, both parties may terminate the user agreement.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the law of the country of your habitual residence.

The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Berlin, Germany, provided you are a merchant, a legal entity under public law or a special fund under public law, have no general place of jurisdiction in Germany, or move your residence or habitual abode abroad after conclusion of the agreement, or your residence is unknown at the time the action is filed. In these cases we are additionally entitled to sue at your general place of jurisdiction.

The contract language is German. Translations of these Terms are for information only; in case of doubt the German version prevails.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions replace the invalid provision.

We may transfer rights and obligations under this agreement in whole or in part to an affiliated company or a legal successor. You will be informed and may terminate the agreement without notice in this case.

16. Contact

Please send questions about these Terms to [email protected].