Terms & Conditions of use

Preamble

Meet5 GmbH, Ostparkstraße 11, 60314 Frankfurt am Main, Germany ("Operator"), operates a social platform through its mobile application MEET5 ("Mobile App" or "MEET5"). Registered users may join user-created groups with limited participation or create their own. A “User” is any individual who utilizes the Operator’s services through the Mobile App.

These Terms and Conditions ("Terms") govern registration with MEET5.

1. Scope of Application

1.1 These Terms define the conditions under which the Mobile App may be used. Supplementary to these Terms are the Community Guidelines, which are published by the Operator on the website and in the App. These Terms and the Community Guidelines also apply when the service is accessed from outside the Federal Republic of Germany. By registering with MEET5, the User confirms having read, understood, and accepted both.

1.2 Any differing terms, particularly those that conflict with these Terms, require the Operator’s prior written approval to be valid.

2. Services Provided

2.1 The Operator provides various services through the MEET5 App that allow Users to meet other Users for in-person activities such as dining out or leisure events.

2.2 The Operator may engage third-party service providers or subcontractors to deliver part or all of the services.

2.3 A personal user account can be created by providing an email address or using third-party login functionality. This account can be accessed from any compatible (mobile) device.

2.4 Use of MEET5 is permitted only for private, non-commercial purposes for regular Users. Only selected sponsoring or cooperation partners are permitted to organize commercial activities on MEET5. These accounts are clearly labeled as “Partner” or “Advertiser,” and associated activities are marked as “Sponsored.”

2.5 The User has no entitlement to a minimum number, scope, type, format, or quality of services or features. The Operator may modify, adapt, or supplement MEET5 and its features at any time, including for technical or economic reasons. Any such changes will be announced through the website and App in a timely manner. The Operator also reserves the right to cease operations at any time without cause. Existing contracts will be honored until the end of the current subscription term and then automatically terminated. Subscriptions purchased via Google Play or Apple App Store must be cancelled directly through those platforms.

3. Formation of Contract and Fees

3.1 A contract between the User and the Operator is formed when the User completes free registration via the Mobile App.

3.2 The User may register by completing the registration form or using third-party login services (e.g., Facebook Connect). In the latter case, selected profile data will be transferred to MEET5. By registering in this way, the User agrees to the respective third-party terms and consents to data transfer to MEET5.

3.3 The service is free to use in its basic form. Additional features (“Premium and Club Features”) are available for purchase. Pricing is disclosed clearly in the App before purchase. The Operator reserves the right to change prices at any time in the future; changes will apply to the next booking or subscription renewal. Existing bookings will continue at the current rate until their expiration.

3.4 Premium and Club Features for 1, 3, 6, or 12 months may be purchased via Google Play or Apple App Store. In these cases, the relevant app store is the User’s contractual partner and payment processor. The subscription must also be canceled via the same app store. Subscriptions automatically renew for the same period unless canceled at least 24 hours prior to the end of the current term.

3.5 In-app purchases unlock exclusive functionality. Payments are processed through the respective app store from which the App was installed. App store rules and policies apply.

3.6 If Premium and Club Features are purchased through the MEET5 website, the Operator is the contractual partner. If not canceled by the end of the initial term, the contract renews automatically for an indefinite period. The original amount is charged again for technical reasons, but the subscription may be canceled at any time with one month’s notice, in which case a prorated refund will be issued for any unused period.

3.7 Users may only register in their own name. Users must be natural persons over 18 years of age and must provide accurate and complete information. Registration using a pseudonym or false email address is not permitted. Access credentials must be kept confidential. Only one user account is allowed per person. Existing accounts must be deleted before creating a new one.

3.8 The Operator reserves the right to reject any registration without providing a reason. If rejected, all submitted data will be deleted immediately.

4. Right of Withdrawal for Consumers

4.1 If the User resides in a member state of the European Union and enters into a paid subscription via the MEET5 website, the following right of withdrawal applies. This does not apply to subscriptions purchased via Google Play or Apple App Store. To exercise withdrawal rights for those, the User must contact the respective store provider directly.

Notice of Withdrawal Rights

The User has the right to withdraw from this contract within fourteen (14) days without providing any reason.

The withdrawal period begins on the day the contract is concluded.

To exercise the right of withdrawal, the User must send a clear declaration of intent (e.g., by postal mail or email) to:

• Email: support@meet5.de

• Address: MEET5 GmbH, Ostparkstraße 11, 60314 Frankfurt am Main, Germany

The User may use the model withdrawal form below. If used, the Operator will promptly confirm receipt.

To meet the withdrawal deadline, it is sufficient to send the notice before the period expires.

If the User withdraws from the contract, the Operator will refund all payments received without delay, and at the latest within 14 days of receiving the withdrawal notice. The refund will be made using the same payment method used in the original transaction, unless otherwise agreed. No fees will be charged for the refund.

If the User requests service delivery to begin during the withdrawal period and the Operator begins performance, the Operator is entitled to a payment proportionate to the services already delivered.

Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To:

MEET5 GmbH

Ostparkstraße 11

60314 Frankfurt am Main, Germany

Email: support@meet5.de

I hereby withdraw from the contract for the purchase of the following goods/services:

Ordered on / received on: ____________________________

Name of User: _____________________________

Address of User: ___________________________

Signature of User (only if sent in paper form)

Date and Place

(*) Please delete as applicable.

5. Privacy Policy

5.1 The Privacy Policy of MEET5 applies to all Users and forms part of the contract concluded upon registration.

5.2 The Privacy Policy is accessible on the MEET5 website and within the App under the heading "Privacy Policy.

6. Termination of Free Membership; Rights of the Operator Regarding Membership

6.1 The User may terminate the contract at any time and without cause using the function provided in the App (Settings → Delete User Account).

6.2 The Operator may terminate the contract at any time without notice for cause if the User violates these Terms.

6.3 The Operator will delete user accounts that disseminate prohibited content via the App. This includes all content (see also §8.2) deemed impermissible under these Terms.

6.4 Users who miss three consecutive scheduled Meet5 activities without canceling their attendance will have their membership irrevocably terminated. Upon termination, all personal data will be deleted, unless required for evidentiary purposes related to potential unlawful conduct by the User.

6.5 The Operator assumes no liability for data deleted as part of a contract termination. There is no entitlement to the recovery of deleted data. Any additional claims by the Operator remain unaffected in the event of temporary suspension or extraordinary termination.

6.6 Termination of membership with the Operator does not automatically cancel any subscriptions entered into via the Google Play Store or Apple App Store. Such subscriptions must be cancelled directly through the respective store.

6.7 The Operator is entitled to modify or delete, in whole or in part and without prior notice, any profile descriptions or other profile content that does not comply with the Terms or the Community Guidelines.

6.8 The Operator may temporarily disable or permanently delete functionality or profiles if the User violates the Terms and/or Community Guidelines, or if complaints are repeatedly received from other Users regarding the conduct of the User. In cases of suspected violations, the Operator reserves the right to inspect and review reported chats according to a four-eyes principle, to confirm or rule out the alleged violations.

6.9 The Operator may permanently delete accounts that remain inactive over an extended period.

7. Copyright, Rights of Use, and License Grant

7.1 MEET5 and the underlying software are protected by copyright and may not be used or modified beyond the scope of the simple usage rights granted without the prior written consent of the Operator.

7.2 The design of MEET5 and the content published on the website and App (e.g., databases, photos, images, videos, or texts) are also protected by copyright and other laws protecting intellectual property. Unless otherwise indicated, such content is owned by the Operator or by respective rights holders.

7.3 The Operator is granted a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, sublicensable, and transferable right to use any content uploaded or published by the User, for the purposes of providing MEET5 services and operating the App. This includes storing, publishing, and sharing such content with other Users.

7.4 The Operator is likewise granted the rights set forth in §7.3 to use the titles, descriptions, and related data (such as location, date, time, etc.) of any activities or events organized through MEET5 for publication outside of the App, including on third-party event platforms. The User further grants all other MEET5 Users a non-exclusive, perpetual, worldwide right to use the titles and descriptions they create for use within MEET5, so that such content may be reused by others for organizing their own activities or events.

8. User Obligations

8.1 The User is solely responsible for the accuracy of the personal information provided. The User affirms that all such information is truthful. Age, profile photo, and other profile details published by the User may be visible to other Users within MEET5.

8.2 The User is responsible for all content shared or published in the App. The User agrees not to create, share, or distribute content that is harassing, offensive, discriminatory, sexist, defamatory, pornographic, threatening, glorifies violence, racist, politically extremist, or otherwise morally reprehensible or unlawful. The User must act respectfully toward all other Users. It is prohibited to use legally protected images, names, terms, or other materials without the required rights, particularly with respect to image rights, personality rights, copyright, trademark, and other identifying marks. The Operator may remove any content that violates these Terms and delete associated user accounts without prior notice.

8.3 The User is obligated to attend scheduled activities unless the User cancels participation via the “Leave Activity” function in the App.

8.4 The User is solely responsible for their conduct at activities arranged through MEET5. The Operator bears no duty of supervision or protection for any in-person meetings, regardless of who created the event.

8.5 During MEET5 activities, the User is required to behave respectfully toward all participants. The User may not distribute any content as described in §8.2 during such activities.

8.6 In the event of a violation of the above content prohibitions, the Operator may remove related content and/or delete the User’s account. This decision is at the Operator’s sole discretion.

8.7 The User must take appropriate measures to protect login credentials and prevent unauthorized use by third parties. If unauthorized access is suspected, the Operator must be notified immediately.

8.8 The User may not use the login credentials of others.

8.9 The User agrees to comply with all applicable laws and regulations while using the service.

8.10 Services offered by the Operator, especially account access, may not be resold, transferred, or otherwise used for commercial gain. The User is liable to the Operator for any damages resulting from unauthorized account sharing.

8.11 The User may not share contact information such as phone numbers, email addresses, or social media profiles (e.g., Instagram, Facebook) in the first chat message or in the public profile. The Operator may remove or delete such information without prior notice.

8.12 The User agrees to use MEET5 and its features solely for the platform’s intended purposes. Use for selling tickets, commercial promotions, or requiring payments to join activities is strictly prohibited.

8.13 Violations of these Terms, the Community Guidelines, or other legal breaches should be reported to the Operator. Complaints should include sufficient detail to allow for prompt investigation. Vague or abusive complaints may not be addressed.

9. Obligations Regarding Uploaded Profile Photos

9.1 To ensure community safety, Users are required to upload a profile photo. Legal regulations, including those related to youth protection, copyright, and personality rights, must be observed. The profile photo may remain visible to other Users until the account is deleted.

9.2 The profile photo must clearly depict the User. Heavily edited images, avatars, cartoons, animals, etc., are not permitted. Informal images (e.g., practicing a hobby) are allowed.

9.3 The profile photo should be recent and no older than five years. Photos from childhood or adolescence will not be accepted. If multiple people appear, the User must be clearly identifiable.

9.4 The photo may not depict weapons, illegal drugs, offensive or discriminatory gestures, or any imagery that is aggressive, threatening, or pornographic. Flags or political content may not be featured. The photo may not show primary or secondary sexual characteristics or sexual acts/suggestions.

9.5 There is no entitlement to approval of a profile photo. The Operator may delete any photo that violates these rules, the Terms, or Community Guidelines, or that is deemed inappropriate under applicable law.

9.6 Use of Anonymized Profiles by the Operator:

To protect the identities of its employees, the Operator reserves the right to create and use anonymized accounts. These may include AI-generated profile images. Such profiles are used solely for community support purposes, such as creating activities, moderation, or platform maintenance.

10. Warranty and Liability

10.1 The Operator makes no guarantees that the service will meet the User’s expectations. The Operator merely provides a technical platform for organizing activities and is not responsible for the execution or outcomes of those events.

10.2 For damages unrelated to life, body, or health (e.g., financial loss, lost profits, consequential damages, data loss, intangible harm), the Operator is only liable in cases of intent, gross negligence, or breach of essential contractual duties. Liability for minor negligence in the breach of ancillary duties is excluded.

10.3 Use of MEET5 is entirely at the User’s own risk, especially regarding interactions or participation in events organized through MEET5. The Operator is not responsible for events, even when initiated by the Operator. Participants are not agents or assistants of the Operator.

10.4 Each participant is responsible for themselves during events. Neither the event creator nor the Operator is liable for any resulting damages, subject to §10.2.

10.5 The Operator does not guarantee uninterrupted or error-free service. Maintenance may cause temporary outages. The Operator is not liable for delays, incorrect or altered content, or data loss arising from such interruptions.

10.6 The Operator is not liable for user-generated content or any damages caused by it. §10.2 remains unaffected.

10.7 The Operator assumes no liability for the misuse of data by third parties or other Users, whether obtained legitimately or through unauthorized means such as hacking.

10.8 The Operator uses industry-standard measures to protect systems from cyberattacks but cannot eliminate all risk.

10.9 The User agrees to indemnify and hold the Operator harmless from third-party claims arising from content, conduct, or actions of the User that violate third-party rights.

10.10 The User also agrees to indemnify the Operator from all third-party claims resulting from violations of these Terms or the Community Guidelines.

11. Important Notices Regarding Responsibility at Events

MEET5 provides a technical and organizational platform for arranging social gatherings. This also applies to events created by MEET5 itself, which are suggestions and typically not attended or led by MEET5 staff. Responsibility for these events lies entirely with the participants. MEET5 has no control over who attends, their health or fitness, or their relevant skills (e.g., hiking experience).

Events created through MEET5 are generally considered private, not public, as participation is restricted to a defined group. This includes so-called “XL or XXL events.” Only if the group becomes undefined or impersonal could the event be deemed public. While participant numbers may suggest public character—especially well over 100 participants, this depends on the specifics of each case.

If an event is deemed public, obligations such as permits (e.g., with local authorities or GEMA for music) may arise. MEET5 cannot predict or fulfill these requirements. Users who organize such events are solely responsible for obtaining necessary approvals. This also applies to questions about security personnel or medical staff - determinations must be made case-by-case.

Under assembly law, the organizer is typically the person who publicly invites participants. For MEET5 events, this usually does not apply. However, anyone who presents themselves as the organizer, especially to third parties, may be considered one. MEET5 strongly recommends that Users clearly state that while they may initiate events, they are not the legal organizers. This helps avoid participant claims based on perceived organizer responsibility.

This does not limit civil liability between participants under general laws. Each individual remains responsible for their conduct. Legal claims, especially for willful or gross negligence, cannot be contractually excluded.

To reiterate: neither MEET5 nor Community Captains or other event creators are organizers in the legal sense. Participation is voluntary and at the User’s own risk. There is no duty of care on MEET5’s part. Each participant is responsible for assessing their readiness and understanding the activity’s requirements. If uncertain, participation is not recommended.

12. Assignment of Contract

The Operator may transfer its rights and obligations under this agreement, in whole or in part, to a third party. This includes the outsourcing or delegation of specific App features or service areas.

13. Final Provisions

13.1 The Operator may revise these Terms from time to time, including to comply with legal obligations, improve efficiency, or enhance user interests.

13.2 The User agrees that revised Terms shall apply to existing contracts, provided that MEET5 notifies the User at least four weeks in advance. The notice must include the right to object and the consequences of not doing so. If the User objects, the contract ends upon the effective date of the revised Terms. Subscriptions via Google Play or Apple App Store must still be cancelled directly through those platforms. Minor revisions (e.g., spelling corrections, expanded services) may be made without user objection.

13.3 If any provision of these Terms is found to be invalid, the remainder shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the parties’ economic intent.

13.4 Amendments, supplements, or side agreements must be in text form unless otherwise stated. This also applies to any waiver of this form requirement.

13.5 This agreement is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and private international law rules. Mandatory consumer protection laws of the User’s place of residence remain unaffected.

This document has been translated. In case of differences between the German and English version of this document, only the German version shall be decisive and applicable. The English version is for informational and convenience purposes only.