Berglin Terms and Conditions
Last updated: May 29, 2022
Before using Our Service, please read these terms and conditions carefully. Below is the list of topics covered.
1. Berglin rules
2. Content types
2.1. Your Content
2.2. Member Content
2.3. Our Content
3. App restrictions
4. Terms for payments
5. Virtual items
6. Push notifications and location-based features
8. Liability limitation
1. Berglin rules
Before you can use the Berglin App, you will need to register for an account (“Account”). In order to create an Account you must:
be at least 18 years old;
be legally permitted to use the App by the laws of your home country.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. Content types
There are three types of content that you will be able to access on the App:
content that you upload and provide (“Your Content”)
content that members provide (“Member Content”)
content that the Berglin provides (“Our Content”)
Certain content is not allowed on the Berglin App. We want our users to be able to freely express themselves on the Berglin App, however, we impose restrictions on the content that:
contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is obscene, pornographic, violent or otherwise may offend human dignity;
is harmful (including to minors), abusive, insulting or threatening;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libellous;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Berglin or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
relates to another person and was created or distributed without that person’s consent;
impersonates any other person, including falsely stating your name.
Any of these kinds of content are not tolerated on the Berglin App.
2.1. Your Content
You agree that Your Content must comply with our Guidelines at https://berglinapp/help-center/, which from time to time we update. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Berglin is a public community, Your Content will be visible to other users of the App all around the world instantly – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Berglin Users). By uploading Your Content on the Berglin App, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content, if this is important, you should make a copy.
2.2. Member Content
Other members of Berglin will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Berglin users’ personal information to the extent that your use of it matches Berglin's purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, harass, stalk or make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
2.3. Member Content
You may be wondering what happens to the rest of the Content on Berglin. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Berglin are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remain with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
Since Berglin is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be instances when we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
3. App restrictions
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name on your profile; and
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App; or
create or operate a pyramid scheme, fraud or other similar practice.
We don’t like users misbehaving in the Berglin community. You can report any abuse or complain about Member Content by contacting us, and outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user’s right to use the App without prior notice, as set out further in Section 1 above.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.
You understand that Berglin does not currently conduct criminal background checks on its users. Berglin also does not inquire into the backgrounds of its users or attempt to verify the statements of its users. Berglin no representations or warranties as to the conduct of any users or their compatibility with any current or future users. Berglin reserves the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.
You agree to, and hereby do, release Berglin and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
5. Terms of Payment
Generally, Berglin may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Berglin may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at Berglin’s then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Berglin changes these prices and you do not cancel your subscription, you agree that you will be charged at Berglin’s then-current pricing for the subscription.
Cancelling Subscriptions: If you purchased a subscription directly from Berglin, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Berglin) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Requesting a refund: In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Berglin. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice that states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Berglin App, c/o Ceschi, Jungstraße 31, 10247 Berlin.
Taxes: The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Berglin determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Berglin will collect such Sales Tax in addition to the payments required under Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Berglin, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. Virtual terms
At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Berglin, referred to here as “Virtual Items.” You can only purchase Virtual Items through Berglin or Berglin’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, do not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of Berglin ceasing provision of services or your account closing or terminating. Berglin may also at times provide Virtual Items as bonuses to, or as parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.
Berglin, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Berglin may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Berglin shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
All purchases and redemptions of Virtual Items made through our services are final and non-refundable. You acknowledge that Berglin is not required to provide a refund for any reason and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
7. Push notifications and location-based features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Berglin services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications or by emailing us with your request at email@example.com
The App, Site, Our Content, and Member Content are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not guarantee the compatibility of any matches.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the App or Site will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the App, Site, Our Content, any Member Content, or any portion thereof, is correct, accurate, or reliable. Your use of the App or Site is at your own risk. You are solely responsible for your interactions with other members. Berglin is not responsible for the conduct of any user. Berglin does not conduct criminal background checks on its members.
9. Liability limitation
Neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the App, Site, Our Content, any Member Content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the App or Site, your sole and exclusive remedy is to stop your use of the App and Site.
You hereby waive any and all claims arising out of your use of the App or Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App and Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.
All the actions you make and the information you post on Berglin remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
The foregoing provision does not require you to indemnify Bergli for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
12. Third-Party App Store
The following additional terms and conditions apply to you if you download the App from a Third-Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and Berglin and not with the providers of the Third-Party Store, and Berglin (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting term of the Third-Party Store will take precedence and will apply.
The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Berglin is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Berglin.
Berglin (and not the Third-Party Store provider) is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third-Party Store provider and its subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
13. Termination and Remedies
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying Berglin at any time, and (b) closing your Account. Your notice should be sent to Berglin’s address below. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.
Berglin may terminate or suspend these Terms, including your Account, if you breach these Terms or if Berglin is required to do so by applicable law. You agree that all terminations for cause shall be made in Berglin's sole discretion and that Berglin shall not be liable to you or any third party for any termination of your Account.
In the event that Berglin determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the App, Berglin reserves the right to: (a) warn you via email (to any email addresses you have provided to Berglin that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Berglin deems to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.