General Terms and Conditions (terms & conditions)

Summary

Scope of Application

These terms apply to everyone who uses the Qrush app – regardless of whether you're a user planning events and wanting to meet new people or an event organizer. Important: You must be of legal age and must not have any criminal record related to sexual offenses. These rules apply to all business between you, us, and the organizers and can be adjusted by us if laws change or for other reasons.

Our Services for Users

You can use the app for free as long as you comply with the terms. We grant you the right to use the app, but this right can be revoked at any time. The functionality of the app may change, and there is no guarantee that it will always be available. We do not verify whether all users are genuinely suitable, but we reserve the right to intervene if problems arise.

Our Services for Event Organizers

If you want to promote events through the app, we will always clarify the details individually. What is agreed upon always takes precedence over general rules.

Your Obligations as a User

You must comply with the community rules and may only use your own phone number. If we request it, you must verify your identity. You are also responsible for ensuring that you only share content that does not violate any rights. In case of violations, we can block or delete your profile.

Rights to Your Content

Qrush obtains the right to comprehensively use the content you share in the app, except for chat messages – these remain private. Only if there are problems and a report is filed can we view them.

Warranty and Liability

The app is provided to you as is. We do not guarantee that everything will always work perfectly. We are only liable if we act with gross negligence or intent, or in cases of damage to life, body, or health.

Our Trademarks and Rights

The Qrush brands and logos belong to us and may not be used outside the app. We also respect the intellectual property of others and take action against repeated violations by users.

Final Provisions

German law applies to all disputes, unless other legal provisions take precedence. If individual regulations should be invalid, the remainder of the contractual terms remain valid.

1. Scope of Application

1.1. Your contractual partner is Qrush GmbH ("Qrush" or "we" or "us"), represented by the management.
1.2. The users of our services, specifically in the form of our Qrush app ("App"), are divided into those users who want to plan visits to events via the app and wish to establish personal contacts with other people in connection with, before, or after such events (users) on the one hand, and users who organize the aforementioned events or parts thereof ("organizers"). Users are always natural persons, and organizers are always entrepreneurs within the meaning of § 14 BGB (German Civil Code).
1.3. We are only willing to enter into legal relationships with persons of legal age and with persons who have not been the subject of investigations or have not been convicted of one or more sexual offenses.
1.4. These General Terms and Conditions apply to all legal transactions between Qrush, users, and organizers. Also for subsequent transactions, even if no further reference is made to them upon their conclusion. Express other agreements on the content of the contract, in particular individual agreements with organizers, take precedence over these terms.
1.5. We are entitled at any time to adapt and supplement the General Terms and Conditions for existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship being disturbed not only insignificantly. A subsequent change to the terms and conditions becomes effective if you do not object within one month after notification of the change. If you object to the notification of change, we have an extraordinary right of termination with a notice period of one month.

2. Subject Matter of the Contract and Our Services to Users

2.1. The subject matter of the contract arises from these General Terms and Conditions as well as our Community Guidelines.
2.2. The focus is on the free use of our app. We therefore grant every user who downloads our app from the App Store, creates a user profile, and accepts these terms and conditions a simple, non-transferable, temporally and spatially unlimited, revocable right of use for our app.
2.3. It is expressly prohibited to extract content from our app, regardless of the technical method, and to use it for your own purposes, including private ones.
2.4. The respective functional scope of our app is subject to constant change and can be changed, adapted, expanded, or reduced by us at any time. However, we will always inform our users of changes that affect the user experience.
2.5. In the same way, we can also discontinue the app at any time, without users having the right to expect the app to continue functioning.
2.6. We do not assume any responsibility for the permanent technical availability of our app.
2.7. We are neither willing nor obligated to obtain further information or background checks about our users to ensure that people who register in our app are also suitable for it. However, should we obtain our own findings on this through reports, we will take measures against such users in accordance with our Community Guidelines.

3. Subject Matter of the Contract and Our Services to Organizers

3.1. The subject matter of the contract arises from these General Terms and Conditions as well as individual agreements with the organizers. The latter always take precedence in case of contradictions.
3.2. Organizers have the opportunity to advertise their events through our app. The specific advertising measures and the remuneration to be paid for them are always determined individually between the parties and are based on an offer that must be accepted by the organizer.

4. Tasks and Obligations of Users

4.1. All users are obligated to adhere to the Community Guidelines.
4.2. Only phone numbers assigned to the user may be used to create a profile. The use of third-party numbers is not permitted.
4.3. We are entitled at any time to request proof of identity from individual users while preserving their rights. These will be used exclusively for identity verification and for checking violations of the Community Guidelines. In case of refusal by the users, the profile can be deleted and the contract terminated.
4.4. Our users are solely and alone responsible for using only content in the context of app usage that does not violate our Community Guidelines or infringe on the rights of third parties. In case of non-compliance, we will either temporarily block or completely delete the profile.

5. Rights to the Content of Users and Organizers

5.1. With respect to all information, documents, and data used in the app, we are granted a worldwide, perpetual, transferable, sublicensable, royalty-free right and such a license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, promote and distribute or otherwise make publicly available all or parts of your content, in any currently available or future developed format.
5.2. However, this expressly does not apply to the contents of chats, to which we have no access and also no right to view or use for our own purposes. Exception is the inspection in case of a report, which, however, may not be used for other purposes.

6. Disclaimer of Warranty and Limitation of Liability

6.1. Disclaimer of Warranty. The app is provided to you "as is" and "as available." We expressly disclaim, to the fullest extent permitted by applicable law, all warranties and representations of any kind, including but not limited to statutory warranties and the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim all warranties regarding (a) the reliability, timeliness, accuracy, and performance of our platform, (b) any information, advice, or services you receive through or advertised on our app, (c) the results you obtain from the app, and (d) the correction of defects in the app, (e) any materials or data you obtain through the use of our app, and (f) transactions with or as a result of the presence of marketing partners or third parties in the app, or that you found through our app. You may have additional rights under the law of the country where you reside. You agree that the duration of these additional rights will be limited to the full extent permitted by this law.
6.2. Limitation of Liability. We, as well as our legal representatives and vicarious agents, are only liable for intent. Only if essential contractual obligations (consequently such obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, there is also liability for gross or slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage. The above exclusion of liability does not affect liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

7. Our Copyright, Trademarks, and Other Intellectual Property Rights

7.1. Our brands, logos, service marks, service names, and service marks are the intellectual property of Qrush. Unless usage rights are expressly granted, use outside our app is prohibited.
7.2. We respect the intellectual property of others, and we expect the same from our users and organizers. We may, under reasonable circumstances and at our discretion, remove or block access to material that we believe infringes on the intellectual property rights of others. We may also restrict or terminate access to our platform for those whom we believe have repeatedly infringed intellectual property rights.

8. Final Provisions and Severability Clause

8.1. Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law, or a special fund under public law, or if you do not have a place of jurisdiction in the Federal Republic of Germany.
8.2. Unless mandatory legal provisions according to your home country law oppose, German law is agreed to apply, excluding the UN Convention on Contracts for the International Sale of Goods.
8.3. The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.