Terms of Service - likner

These Terms and Conditions (hereinafter: the Terms and Conditions) include the rights and liabilities of both UNDECAGON Kft. , the operator of ‘Likner’ mobile application (hereinafter: the Service Provider), and the client (hereinafter: the Client) using the chat services provided by the Service Provider via the application (https://likner.com, "likner" for iOS and Android, hereinafter: the Likner app). (The Service Provider and the Client are hereinafter together referred to as: the Parties.)

Amazon Web Services EMEA SARL (38 John F.Kennedy, L-1855, Luxembourg) (hereinafter: Web Host) is involved in providing the infrastructure (server and web hosting).

 

1.         Services

The Service Provider sells access to the Service Provider’s application for the Clients.

The app allows Clients to use services to chat, make friends, and maintain connections.

2.         Service Provider data:

Owner: UNDECAGON Kft.

Seat: Hungary, 4025 Debrecen, Simonffy utca 4-6. fszt. 41. ajtó

Tax number: 27987342-2-09

Trade register number: 09-09-031822

Email: [email protected]

Website: https://www.likner.com/

3.         Web Host data

Amazon Web Services EMEA SARL (38 John F.Kennedy, L-1855, Luxembourg)

4.         Entering into contract

4.1          General rules regarding the contract

These Terms and Conditions govern all electronic commercial services provided in Hungary via the Likner app to the users. The Terms and Conditions apply to the Parties. Purchases made via the App are classified as contracts concluded by electronic means, and thus the Act CVIII of 2001 on Electronic Commerce and on Information Society Services shall apply.

The Contract is governed by Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and takes into consideration Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

Contracts may be made in the following languages: Hungarian, Romanian, and English.

The Contract is formed between the Service Provider and the Client when the Service Provider explicitly acknowledges and confirms the Client's purchase. The Contract is subject to the terms and conditions specified by the Service Provider in the confirmation of the purchase.

 

The Contract between the Parties is considered to be concluded by electronic means but is not considered written (signed). The contents of the Contract are archived by the Service Provider and retained for five years from the creation of the contract, which allows for future access.

The Service Provider reserves the right to unilaterally modify these Terms and Conditions.

The Client is responsible for providing truthful and accurate information when making a purchase.

4.2          App information

Prices displayed in the App are gross prices that include value added tax, as per the relevant legislation.

4.3          Services

The Likner app can be downloaded via Google Play or Apple AppStore.

4.4          The purchase process

4.4.1         Registering an account

The Client (User) first downloads the mobile app as shown via likner.com, and then can register choosing one from the following options: by providing e-mail address and password; logging in using Facebook; logging in using Google; or using Apple ID. To create an account, the Client must provide the following information: a display name (required, can be a nickname or first name), the Client's gender (male, female, or other), the Client's preferred gender for their conversational partner, and the Client's date of birth. The Client may optionally provide additional information: place of work, school, an introduction, location (GPS coordinates, technically required for chatting; however, you may refuse consent when asked by your phone), individually set location (Premium feature), and various settings and filters (if applicable).

4.4.2         After creating an account, the Client will see a list of other users. They can swipe left to indicate disinterest or swipe right to express interest (swipe left = disinterest, swipe right = like). When two users mutually like each other, they become “friends” and can chat with each other for free. (The App saves and displays the date of the start of the friendship.) In the free version daily likes are limited to a certain number. They reload every six hours. The user may provide additional information, write an introduction, indicate school or work (not required). Users may ban and report other users. Users’ phone will retrieve their locations and display the distance between them (e.g. “5 km”). This is considered safe because exact locations cannot be determined due to the algorithm. Users may filter their searches for gender (male/female or other), age group, and distance. It is possible to change the language of the app, and the chosen language preference of the user will be stored on the server. Users may hide their profile. When they do so, they can continue chatting; however, they will not be displayed to other, unknown users (users previously liked may see the hidden profile under certain conditions).

4.4.3         Premium subscription

You may purchase a premium subscription for one, six or twelve months via Google Play or Apple App Store. Premium features include unlimited likes, an ad-free experience, the ability to change location, access to a list of users who have liked you, the option to delete previous likes, and the ability to hide your displayed location. Changing location allows users to appear in the profiles of others in their new location. This way you can see users from the new set location. However, the displayed distance between users will remain the same. The user may view the list of users who have already liked them. The user may delete or change the last like/unlike he/she has given. Premium subscription will be automatically renewed until subscription is cancelled via Google Play/App Store. Refunds may be requested via Google Play/App Store customer care for up to 14 days.

 

Users can purchase instant messages (in packs of one, five, or ten) to send messages to other users without requiring prior mutual interest (that is, prior exchanged likes). Instant messages are delivered immediately. The recipient can then decide whether to engage in a conversation. The sender cannot send further messages until the recipient replies. If the recipient declines, the sender cannot send further messages. If the recipient would like to chat with the user they can commence chatting. Refund may be requested via Google Play/App Store customer care for up to 14 days only if the instant message has not been used.

 

Users can use the app to chat for free if they have mutually liked each other. However, users cannot see who has liked them before.

You can also send GIFs, text messages, voice messages and photos within a chat. Images are blurred by default. The recipient has the choice to view these pictures by directly clicking on them. Users can unfriend, delete, ban or report their “friends” (persons they could chat with). Users can also set nicknames for their friends, visible only to the user.

Users can delete chats by clicking on them; however, the chat will stay in the database (provided that the other user have not deleted such chats).

Availability status and time is displayed in the app (“active”, “last active: 5 minutes ago”).

Users may reset their password in the app using their e-mail (forgotten password)

Users must be above the age of 18.

If the user violates the current Terms and Conditions, the Controller may ban the user from using the services, and terminate the Contract by immediate effect.

It is strictly forbidden to use the app for professional/businesslike purposes.

 

4.4.4         Payment

Clients conclude payments exclusively with Google or Apple, the Provider does not receive detailed information on transactions or the buyer. Users initiate transactions via the app, for the fees displayed there (by choosing subscription or instant message). Should there be any complaints regarding payments, the user may contact the Provider via e-mail ([email protected]) or contact the customer services of Google/Apple. Invoices/receipts will be made and sent by Google/Apple.

4.4.5         Providing the service

The App can be downloaded from the relevant mobile application store (Google Play for Android, App Store for IOS).

4.5          Modification or cancellation of the Contract

Prior to the commencement of the contract performance (the registration), before selecting “Purchase”, the contract may be modified freely, without any consequences.

Right to cancellation of purchase is regulated by Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and by the Civil Code of Hungary.

In accordance with Section 29 (1) of the Government Decree, the Client cannot cancel the contract after performance: For service contracts, the Client cannot cancel or terminate the contract once the services have been fully performed, provided that the Client expressly agreed to waive their cancellation right upon the business’s performance of the services.

Practically, the Provider has performed the Contract and the Client waives their cancellation right upon completing the registration process and gaining access to the app's services. However, Clients may request a refund for unused instant messages within 14 days of purchase, via the customer service of Google Play/Apple App Store.

4.6          Deleting a user account

The Client may request the deletion of their account by emailing the Service Provider at [email protected]. The Service Provider will process this request within five business days. Clients have the option to delete their entire account within the app. For further info please visit https://likner.com/delete-account.

Regardless of deleting the Account, the Service Provider is obliged to retain certain data in accordance with legal regulations.

4.7          Warranty

The terms and conditions regarding warranty and guarantee claims are governed by the Decree NGM 19/2014. (IV.29.).

The Provider warrants the ongoing operation and accessibility of the application.

4.8          Complaints

The Clients may file their complaints in writing or via phone, using the contacts stated in section 2.

Department of Consumer Protection at the Government Office of the Capital City Budapest:

address: 1051 Budapest, Sas u. 19.

mailing address: 1364 Budapest, Pf.: 144.

phone number: +36-1/450-2598

E-mail address: [email protected]

In the event of legal disputes arising from the contract, the Budapesti Békéltető Testület (conciliatory body of Budapest) shall be the competent body:

address: 1016 Budapest, Krisztina körút 99. I. emelet 111.,

mailing address: 1253 Budapest, Pf.: 10.,

e-mail address: [email protected],

phone number: +36 (1) 488-2131.

For further information regarding the enforcement of your legal rights through judicial proceedings, please refer to the website of the Hungarian Court System: www.birosag.hu

5.         Miscellaneous

5.1          Copyright

The entire application (text, photos, images and graphics etc.) is under copyright protection, which means it is forbidden to copy, modify or distribute it for commercial reasons.

5.2          Marketing material, newsletters

The Provider may send newsletters or other marketing materials to the Client only if the Client has provided explicit consent by voluntarily sharing their information within the application. The Provider is not responsible for verifying the accuracy or up-to-date status of the information provided by the Client. The Client may revoke their freely given consent at any time. Upon revoking their consent, the Client will no longer receive newsletters or marketing materials from the Provider. The Provider will also delete the Client's data from the marketing/newsletter database.

5.3          Modifications

The Provider may modify these Terms and Conditions and the prices of services offered in the app at any time, but such changes will not be applied retroactively. Any modifications will take effect upon their publication in the app and will only apply to transactions initiated after their effective date.

5.4          Technical limitations

In-app purchases are made under the presumption that the user knows and understands the possibilities and limitations of the Internet, especially regarding technical performance.

5.5          Clients who are not considered Consumers

For Clients who are not considered consumers under the law, the Provider is not required to apply the provisions of these Terms and Conditions that are exclusively intended for contracts with consumers (point 3. of Section 8:1 (1) of the Civil Code) by the Civil Code of Hungary, Government Decree 45/2014 (II. 26.) or other legal regulations.

5.6          Data protection

The Service Provider (as controller) processes the personal data of the Client (as data subject) in connection with the application. The detailed Privacy Policy of the Service Provider is available on the link: (link)