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Terms and Conditions

This is a convenience translation; only the German version is legally binding. In the event of any discrepancy between this translation and the German version, the German version prevails.

1. The key points in brief

  • Amavi is an entertainment platform. All profiles you see and write with are fictional characters operated by us. They are not real people.
  • You never chat with other users. In this app there is no contact between real users, no mutual visibility and no arranging of real meetings.
  • No real relationship comes about, and meeting in person is not part of the service. If that is what you are looking for, this is the wrong place.
  • You buy stars to send messages and unlock pictures. They are not money, cannot be paid out and cannot be transferred to third parties.
  • If you send a profile a picture with a price and the profile opens it, you receive a star credit. It is a bonus within the app, not earnings, and can no more be paid out than purchased stars.
  • Use is only permitted from the age of 18.

2. Provider and scope

The provider of the app “Amavi” is:

mobile TREND GmbH
Zirkusweg 1–3, 20359 Hamburg
represented by Christoph Matthiesen, Jannis Kiesow (Managing Directors)
Register court: Amtsgericht Hamburg, No. HRB 114233
VAT ID: DE272616009
Email: info@mobiletrend.de

These terms apply to the use of the app and all services offered in it, and likewise to the web app at app.amavi.dating. Deviating terms of users do not apply. The privacy policy additionally applies to the processing of personal data, and the cancellation policy additionally applies to the purchase of stars.

3. What Amavi is — and what it is not

3.1 Entertainment with fictional profiles

Amavi is an entertainment service. All profiles in the app — in the deck, in the likes and in the chats — are fictional profiles operated by us. They are not real people. The pictures and details of these profiles are part of the fiction.

The profiles play their role throughout. What a profile says about itself in a conversation — including in response to the question whether it is a real person — is part of that role. It does not change the fact that every profile in this app is fictional.

3.2 No contact between users

There is no way in the app to get in contact with other real users. Your profile and your pictures are not shown to other users. This is not just a rule but is technically ensured: the system only allows conversations between you and the profiles of the app.

3.3 No matchmaking

Amavi is not a matchmaking agency and not a contact exchange. No meeting, no relationship and no contact with a real person is owed or held out. A “match” is a game element within the entertainment.

3.4 Moderation in the name of profiles

In individual cases — for example for quality assurance or in the event of a malfunction — staff may send messages in the name of a profile. Even then, there is no real person behind the profile who wants to get to know you.

3.5 No pornographic pictures

The app does not show or sell pornographic pictures. Pictures of the profiles are classified before publication; anything recognised as explicit is neither shown nor offered.

3.6 Erotic conversations

Conversations with the profiles can become erotic, in the web app (app.amavi.dating) as well as in the apps for Android and iOS. We switch the feature on or off per platform and set after how many of your messages a conversation can become erotic at the earliest. The apps for Android and iOS may hide messages from erotic conversations and refer you to the web app, where you can read them. There is no separate consent required for this; if you do not want erotic conversations, write to us at info@mobiletrend.de and we will exclude your account from them.

The feature is open to adults only. We can switch it off at any time, generally or for individual accounts, for example if there are indications of minority or in the event of violations of section 7; there is no entitlement to this feature.

Whether a conversation has become erotic is classified automatically by the system; details are in the privacy policy. Hard limits apply here too: no content relating to minors, no incest, no animals, no violence without consent, no real persons.

4. Account, conclusion of contract, minimum age

Use requires an account. You create it with an email address and a password. The user agreement is concluded when you confirm these terms and complete the registration.

  • Use is only permitted from the age of 18. You enter your date of birth when setting up your profile; a date under eighteen years cannot be selected.
  • An account is personal. It may not be passed on, sold or shared.
  • Your details must be accurate. Keep your password secret.
  • Multiple accounts of the same person are not permitted.

The basic use of the app is free of charge. The number of likes and dislikes per day is limited. The limit depends on how you use the app and is shown to you when you reach it. Only the stars and the functions paid for with them are subject to a charge.

5. Stars, diamonds and purchases

5.1 What stars are

Stars are purely a unit of account within the app. They are not legal tender, not e-money and not a cryptocurrency. By buying stars you acquire the right to use paid functions of the app to the corresponding extent.

5.2 What stars are spent on

  • Sending a message or a picture to a profile. The price of a message depends on its length; the price of a picture is fixed. Both are shown to you before sending. The first message in a new conversation is free of charge — this applies to one text or one picture without a price, not both.
  • Unlocking a picture. The price is shown before unlocking. Unlocked pictures remain unlocked.
  • Sending a gift. The price is shown before sending.
  • Friend request to a profile. We decide whether the request is accepted. The price is charged for the request, not for its acceptance.
  • Changing your location. After registration, every change of your location costs stars. The price is shown to you beforehand. Profiles you have already seen keep their location.
  • Extra likes or dislikes for the day. Once your daily allowance is used up, you can buy more. The price is shown to you beforehand.

Diamonds are a second unit that you receive through use, for example via the daily bonus. They can be exchanged for stars. The same applies to them as to stars.

5.3 What is sold when a picture is unlocked

The pictures of the profiles are licensed photos from a picture agency. The rights in them lie with the respective rights holders; we do not grant you any right of use in them. What you pay for is permanent access to this picture within the app — nothing more and nothing less. Use outside the app is not the subject of the contract.

5.4 Purchase and prices

You buy stars in packages: in the app via the Google Play Store or in the web app at app.amavi.dating via PayPal. All prices include value added tax.

  • In the Google Play Store, the prices shown there apply. The store handles the payment; we do not receive any payment data from it. After the purchase receipt has been successfully verified, the stars are credited to your account.
  • In the web app you buy the stars from us; we are your seller. The price shown by the web app before the purchase applies. Payment is made via PayPal: we redirect you to PayPal, you authorise the payment there and then return to the web app. We do not receive any bank or card details. The stars are credited as soon as PayPal reports the payment as completed; if PayPal is still reviewing a payment, this only happens afterwards.

After the credit you receive a confirmation of the contract by email.

The price of the same package may differ depending on the purchase channel — in the app store, in the web app and with an offer from the app. The price shown to you on the respective purchase channel before the purchase is decisive.

If you have already bought stars several times in the app, it may offer you to buy stars at a lower price in the web app. If you accept the offer, the app signs you in to the web app via a one-time sign-in link. The offer applies only to your account and for a limited time; it is redeemed with the first completed purchase at the offer price. Whether we show it depends, among other things, on the number of your previous purchases and the age of your account. There is no entitlement to such an offer.

5.5 No right to payout

There is no right to payout, exchange back into money or transfer to third parties. Stars and diamonds have no value outside the app and cannot be traded. Unused stars do not expire as long as your account exists.

5.6 If something goes wrong

If a paid function is not provided for a reason for which we are responsible, we credit the stars back. Every booking can be traced in your account history. If the purchase is reversed via the store, we may debit the corresponding stars.

If a payment via PayPal is refunded or reversed — for example via PayPal's buyer protection, a chargeback with your bank or card provider, or a dispute — we debit the corresponding stars, even if you have already spent them. In the case of a partial refund we debit the stars proportionately, rounded up to whole stars; we add up several partial refunds for one purchase. After such a reversal we may refrain from showing you further offers for purchases in the web app.

A negative balance resulting from a reversal is offset against the next purchase.

5.7 Prices for your pictures and star credit

When you send a profile a picture in the chat, you can set a price for it. It must lie within the range shown to you before sending. For pictures in your profile you can likewise decide whether they are freely visible or need to be unlocked. Your main picture is always freely visible. A picture with a price always costs the displayed price for sending a picture; the free first message does not apply to it.

The first picture in a conversation is free for the profile if it is not a nude picture. Whether a picture counts as a nude picture is determined by our automated image check; you see the result before sending. If the first picture is a nude picture, you set a price as for any further picture.

Whether a profile opens a picture with a price is decided by us according to fixed rules, including the level of the price and whether you unlock the profile's pictures in this conversation yourself. There is no entitlement to a picture being opened. Whatever reason a profile gives in the conversation is part of the entertainment.

If the profile opens your picture, we credit you, in stars, the share of the price that was shown to you before sending. These stars are subject to the same rules as purchased ones (sections 5.1 and 5.5): they are not money and can neither be paid out nor transferred. The credit is not remuneration for your picture. You do not sell a picture, you grant nobody any rights to it, and no contract for services or employment arises.

If the picture is not opened, there is no credit. The price for sending is not refunded in that case, since the sending has been performed.

We may change the range and the share for future pictures. For a picture already sent, the values shown at the time of sending apply.

Credits that arose from a breach of section 7 — for example for pictures you hold no rights to, via multiple accounts or by automated means — may be reversed.

6. Right of withdrawal

As a consumer you have the right to withdraw from the contract within fourteen days without giving any reason. The details and the model withdrawal form can be found in the cancellation policy.

The purchase of stars concerns digital content that is provided immediately. The right of withdrawal expires early if you expressly consent to us beginning performance immediately, confirm your knowledge that you thereby lose your right of withdrawal, and we have provided you with a confirmation of the contract on a durable medium (Section 356(5) of the German Civil Code, BGB). We ask for both before every purchase; the confirmation is sent to you by email immediately after the credit.

7. Your obligations and prohibited content

Rules apply to the use of the app. The following are prohibited in particular:

  • content that sexualises minors, and any request for such content;
  • depictions of violence, calls to commit criminal offences, incitement to hatred, threats;
  • uploading pictures to which you hold no rights, or pictures of other persons without their consent;
  • giving false identities, pretending to be someone else;
  • advertising, redirecting to other services, commercial use without our consent;
  • attempts to manipulate the app, change the star balance, circumvent security measures, read out data automatically or reverse-engineer the app;
  • attempts to make the profiles produce prohibited content.

In the event of violations we may remove content, restrict functions or block the account. In doing so we choose the mildest suitable measure and inform you of the decision; you can challenge it (see section 9).

8. Your content and rights of use

The rights to your texts and pictures remain with you. So that we can operate the app, you grant us the right to store this content to the extent necessary, to process it technically — for example to adjust size and format — and to display it to you. This right is limited to operating the service and ends when the content is deleted.

Your pictures are not shown to other users. Setting a price for a picture does not change your rights (see section 5.7). We review free texts in your profile before they are displayed; if they do not comply with these terms, we do not display them.

The content of the profiles — pictures, texts, names — may not be used, copied or distributed outside the app.

9. Reporting, blocking and moderation

9.1 Reporting

You can report any profile, any conversation and any individual message via the app, as well as via info@mobiletrend.de. When reporting, you choose a category, can describe the issue and decide whether the conversation history is sent along.

9.2 Handling and reasoned decision

We review every report. A human being decides on reports by users. You receive a notification with a statement of reasons: what was decided, what the decision is based on and what follows from it. This complies with the requirements of the Digital Services Act.

9.2a Automated checks

Some checks run automatically, without a human deciding beforehand:

  • Pictures: Uploaded photos and pictures in the chat are automatically checked before publication for depictions of child sexual abuse and for inadmissible content. A picture that fails the check or could not be checked is not published. If abuse material is suspected, the picture is secured and a human being reviews the case; where the law requires it, we report it to the competent authorities.
  • Profile texts: Profile texts are automatically checked for contact details and inadmissible content before publication.
  • Messages to profiles: Indications that a user is a minor end the conversation. If there are indications of a crisis (for example suicidal thoughts, self-harm or violence), the profile does not reply and you cannot write to it in this conversation for 24 hours; the app shows you this; shortly afterwards the Amavi Team writes to you in a separate conversation with support services, and for 24 hours no profile writes to you on its own initiative. Repeated attempts to exchange contact details or to lure users to other services may block the account automatically. In all these cases a report is also sent to our team.
  • Erotic conversations: Whether a conversation has become erotic is classified automatically by the system. Every reply in such a conversation is checked before it is sent for sexual content relating to minors; if the check flags it or cannot take place, the reply is not sent.

You can contact info@mobiletrend.de to challenge any automated measure. A human being will then review the case again and inform you of the result with a statement of reasons.

9.3 Complaint

If you do not agree with the decision, you can lodge a complaint within six months of the notification. The complaint is reviewed again, not by the person who made the first decision. We also inform you of the outcome of the complaint. Independently of this, you may take legal action; you may also turn to an out-of-court dispute settlement body under Art. 21 DSA.

9.4 Blocking

You can block any profile. A blocked profile no longer appears in your deck and no longer writes to you.

10. Availability and changes to the service

We endeavour to ensure continuous operation but do not owe any particular availability. Maintenance, malfunctions and outages at upstream providers may lead to interruptions. We announce maintenance where possible.

We may further develop the service and change or discontinue functions. In the case of changes that significantly disadvantage you, we inform you in advance and you can terminate the contract. In this case we refund stars already bought but not yet used proportionately on request.

11. Term, termination, deletion

The contract runs for an indefinite period. You can terminate it at any time without notice by deleting your account in the app (Profile → Delete account) or by sending us a message to info@mobiletrend.de. We can terminate with fourteen days' notice. The right of both parties to terminate for good cause — for example in the event of serious or repeated violations of section 7 — remains unaffected.

When the contract ends, your profile, your pictures and your conversations are deleted, as are your balance and the account ledger. We keep purchase receipts without any link to your account for as long as commercial and tax law requires; they are not used for anything else. Further details can be found in the privacy policy and on the page “Delete account and data”.

12. Liability

We are liable without limitation for intent and gross negligence and for injury to life, body and health. In the case of simple negligence we are only liable for breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may rely, and limited in amount to the damage that is typical for the contract and foreseeable. Liability under the German Product Liability Act remains unaffected.

The messages of the profiles are part of an entertainment service. They may be inaccurate, inappropriate or contradictory. They do not constitute advice — in particular not medical, psychological, legal or financial advice. Do not rely on them.

If you are not feeling well, turn to a human being: the German crisis line Telefonseelsorge can be reached free of charge around the clock at 0800 111 0 111 and 0800 111 0 222.

13. Dispute resolution

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

For disputes about moderation decisions, the procedure under Art. 21 DSA is also available.

14. Final provisions

German law applies. If you are a consumer, the mandatory protective provisions of the state in which you have your habitual residence also apply. Place of jurisdiction is, to the extent permitted, Hamburg.

We may change these terms. We inform you of changes at least 30 days in advance in the app or by email. In this case you can terminate the contract until the change takes effect.

Should a provision be invalid, the remainder of the contract remains valid.