Preamble :

The present General Conditions of Use determine the conditions of use of the GofriendsApp services, which are provided by :

GofriendsApp
s/c
Steupla Sàrl.
Chemin de Prahis 10,
CH-1091 Grandvaux,

under various domains, including www.gofriendsapp.com (hereinafter referred to as Gofriendsapp). The present General Terms of Use apply exclusively to all GofriendsApp users and clients (hereinafter referred to as «User»), even if the use or access is made outside of Switzerland. By registering, the «Customer" acknowledges having read and understood the General Conditions of Use and accepts them. The «Customer» accepts the General Terms of Use by clicking on the «Yes» box corresponding to the following statement: «I have read the General Terms of Use and accept them»:
 

I. Subject of the general conditions

  • On its App/website, Gofriends  offers a service allowing people to search for other people based on criteria that they have previously defined. This service offers both free and paid services. For paid services, costs will arise either for each individual use or for access for a specific period. Registered users can in principle use all services. Prior to each use of paid services, users will be informed that this service is chargeable and of the amount of fees payable. After payment of these costs, they will be able to benefit from this service.
  • The following stipulations establish the conditions of use of the Gofriends  service by the "Clients".
  • Gofriends  offers its services for exclusively private purposes, to the exclusion of all other purposes. By registering, each "Client" undertakes to use the services only for private purposes and certifies that he is at least 20 years old and is of this major fact .

II. Description of the service and scope of services

  • Gofriends  offers its "Customers" access to its database and its applications, which are accessible under various domains or on various websites of partners working in cooperation in which Gofriends  is integrated, if necessary in a display incorporated into a graphic display on the site of such a partner.The customer acknowledges and accepts that all the content he uploads on the App/site of Gofriends  can be viewed by the members appearing in his list of recommendations, even in the event that the other members have registered for the services. Gofriends  through other sites and applications (Android and iOS) of the company or its partners. In return, the customer enjoys the benefits of this central database of Gofriends  by benefiting from the services offered through different domains, allowing him to receive a list of partners.
  • Gofriends  allows its "Customers" to access its applications through a questionnaire established on the basis of special criteria that the "Customer" fulfills.
  • The answers of the "Customer" to the questionnaire as well as other personal data are stored in the Gofriends  database and can be compared there with the data of all other "Customers" This comparison is made using an algorithm specially developed by Gofriends  which allows an assessment of compatibility between two “Client” profiles. As a result of the comparison of his profile with the data of all the other "Clients" in the database, the "Client" receives a list of the other "Clients" (Proposal of contacts) who are the most suitable for him. Gofriends  governs this process through its own customer service, which communicates the profiles revealing a compatibility.
  • "Clients" can get in touch with other "Clients" offered by GoFriends
  • The possibility of obtaining Contact Proposals (user profiles) is a paid service. “Clients” may have access to this service for a fixed period (for example, 1 to 12 months), automatically renewable in accordance with article (3).
  • Before accessing the paid services, the "Customers" are informed of their costs, the scope of the services and the terms of payment, and after payment of these payments, they will be able to use these paid services.
  • Gofriends  does not guarantee that the contact will be successful during the fixed contractual period, and accepts no responsibility if no contact has taken place. However, Gofriends  guarantees, upon request, the automatic extension of access to paid services allowing to obtain Contact Proposals, in case, depending on the duration of the period of access to paid services (12 months), the number of 5, 10 or 20 Contact proposals could not be reached.
  • Gofriends  does not guarantee the sincerity of the assessments or statements made in the questionnaire during registration.

III. Access

  • Access to the use of the Gofriends  database system is only possible if the "Client" registers, registration, for which the "Client" must choose a password and a personal pseudonym (name of user). By registering, each “Customer” accepts the conditions of use as they appear in these General Conditions of Use. The “Client” declares to be of legal age. With the registration, a contractual relationship is established between Gofriends  and the “Client”, which is subject to the provisions of these General Conditions of Use.
  • Gofriends  reserves the right to block at any time the access of a "Client" who uses the Gofriends  system in an illicit manner, in particular in violation of the obligations of article
  • Gofriends  offers free services and For paid services, charges arise either for individual use or for accessing the service for a specified period. Prior to each use of paid services, the “Customers” are informed in each case that these services are chargeable and of the amount of the corresponding payable fees. They can use this service after paying this payment. All other services are in principle free of charge.
  • The order of paid services, gives rise between the registered "Customer" and Gofriends  a new contractual relationship, distinct from that resulting from the registration. This contractual relationship arises when the “Client” accepts the obligation to pay by clicking on the payment confirmation box on each page of the website (applications) where such a box appears.

IV. Data protection

  • The security and data protection of "Customers" is a major concern for Gofriends  which undertakes to comply with the legal provisions on data protection.
  • For the performance of the contractual services, the collection, storage, processing and use of personal data will be carried out, such as, for example, age, gender, postal code, telephone number, personality test results and profile, group and event photos only. Constitute personal data the indications relating to the personal and material aspects of a determined or determinable "Client". In addition, the personal usage settings communicated by the “Client” when using Gofriends  will also be retained. Thus, the "Client" is assured that at each new visit (ie at each new session or new entry), to find his personal parameters.
  • The "Client" authorizes Gofriends  to use his personal data for the purposes of consultation, advertising, market research, research and analysis with a view to improving Gofriends  and for the legitimate needs of setting up its services. In addition, the "Client" declares to expressly accept the receipt of emails, newsletters (newsletter) GoFriends. This acceptance can be revoked at any time by email addressed to the webmaster or on the contact page. The "Customer" also accepts that his profile data may also be disseminated (shared) on other linked websites and partner sites working in cooperation with Gofriends  (restaurants, bars, disco, bowling alleys, etc.) on sites which only contain excerpts from Gofriends  (microsites), through mobile applications (for example:

To increase the chances of success in making contact, all the information and all the personal photos of the profile communicated may be disseminated by us or by our partners for advertising purposes, using means of communication such as the Internet, e-mail, radio, television, press, etc. Finally, the "Client" accepts that the personal data of his profile may be transmitted to external service providers Gofriends  for the purposes defined as follows:

  1. a) in order to send emails and newsletters in the name and on behalf of GoFriends;
  2. b) in order to transmit Gofriends  elements and “Customer” profiles to other media;
  3. c) to make payments in the name and on behalf of GoFriends.

The "Client" agrees that his access to GoFriends, insofar as he accesses Gofriends  services through the site of an affiliated partner, is preserved using a "cookie". These "cookies" do not contain any personal data of the "Client", but are only used to manage the program of the affiliated partners. These are automatically deleted upon registration of the “Client”. In the absence of registration, these "cookies" are automatically deleted after 30 days.

  • The “Client” accepts that the rights mentioned in the previous paragraph (3) also belong to the companies linked to GoFriends.
  • For market research purposes, Gofriends  will establish usage profiles using pseudonyms and will transmit to other service providers, whose "Customer" has requested the teleservices, only usage data rendered Each " Customer” may revoke his authorization to transmit to a third party, for the purposes of consultation, advertising and market research, usage data made anonymous, and to establish usage profiles in anonymous form. For this revocation, it suffices to send an email to the webmaster or on the contact page, specifying his pseudonym as well as his full name and surname.
  • At the request of the "Client", Gofriends  will inform him at any time completely and free of charge of the status of the data stored as far as they concern him.
  • Gofriends  expressly draws the attention of "Clients" to the fact that the state of the art does not completely ensure the protection of data during their transmission on open networks such as the Internet. Consequently, the "Client" is himself responsible for the security of the data he transmits on GoFriends
  • By registering, the “Client” accepts the use of this data as described in the stipulations above.

IV. Fees

The use of Gofriends  services accessible to "Clients" is free, as long as the "Client" has not been informed before their use of their paying nature. The costs inherent in the use of paid services and the payment methods will be explained for each paid service concerned. If the access of a "Customer" was blocked due to violation of the stipulations of the contract, the unused credit corresponding to the access to the services limited in time, will be retained by Gofriends  as a fixed management fee to cease such violation. Any remaining usage credit will not be refunded. The subscription must not be shared with anyone or passed on to a third party.We also provide auto-renewal features that users can access by configuring auto-renewal using their preferred payment mode. For such recurring payments, users have to verify their bank details with the third-party payment service provider once. In any case, however, Go Friends does not store users’ banking information whatsoeve The subscriber is obliged to notify the services of the following events:

V. Disputes relating to the calculation of the costs inherent in paid services

  • Any dispute concerning the amount of fees debited or invoiced must be sent in writing with justification by the "Client" to Gofriends  at the latest within 7 days of the debit of the disputed fees or receipt of the disputed invoice. In the absence of a justified dispute from the “Client” within this period of 7 days, the amount of the fees deducted or invoiced will then be deemed to have been accepted.
  • Minor impediments to the operation of the service cannot justify such a constitute impediment, the fact that for a period not exceeding three consecutive days the "Client" has not been able to use a paying service. Furthermore, a dispute is only justified if Gofriends  is responsible for the disturbance in accordance with article XI of these general conditions.
  • In the event of a well-founded dispute, the following rule applies: "Customers" who have paid for a right of access to the Gofriends  database and its applications for a limited period, benefit from an extension of this period equivalent to the duration rightly claimed by the "Client".
  • In the event of a well-founded dispute, the "Client" has the right to grant Gofriends  a period of five days, to enable it to properly fulfill its obligations, and to demand the compensation provided for in the preceding paragraph (3). If at the end of this period, the source of the complaint has not been resolved, the "Client" is entitled to terminate the contract. In this case, the return of unused usage credits will be made in accordance with Article VIII (5).

VI.Obligations of the “Client”

  • The subscriber certifies that he or she has reached the age of 20 in accordance with the legal provisions of his or her country and is therefore of legal age, and has full capacity for his or her rights, so that he or she can fully conclude the this agreement in all its points. The subscriber also undertakes not to intentionally allow a minor to access the services and is held responsible for ensuring the preservation of the secrecy of his access parameters vis-à-vis minors such as family members, friends or acquaintances. On request, the subscriber must prove that he is of legal age on presentation of a copy of his passport or identity card or a copy of the account or credit card, which will be necessary for registration. It is forbidden for the participant to make copies of the recording or the texts, to disseminate them, to distribute them and/or to use them in any other form for commercial and/or non-commercial purposes and/or to avail of it. Any unauthorized use will be subject to civil and criminal prosecution. This also applies to any communication with other friendly, affinity and Messenger members.
  • Each "Client" undertakes to preserve the confidentiality of the emails and other information or other data from Clients that he receives in the context of the use of the Gofriends  database and not to make them accessible to any third party without the consent of their author. This commitment also applies to the names, telephone and fax numbers, home and email addresses and/or any URL of another "Client". It is also forbidden to communicate data concerning non-customers.
  • In addition, each Customer undertakes not to make any unlawful use of the Gofriends  services, and in particular:
    1. not to use Gofriends  to disseminate elements or information of a defamatory, indecent or pornographic nature or of any other type contrary to the law;
    2. not to use Gofriends  to threaten, harass or violate the rights of others (including human rights) or to promise or demand money or paid services;
      1. not to be downloaded from the Gofriends  website/app:
      2. no virus-infected data (infected software);
      3. nor any software or other material protected by copyright or industrial property rights, unless the Client is the holder of these rights or has the necessary permission to use this software or this material;
    3. not to use Gofriends  in a way that would affect the availability of the services to other Customers
    4. to disseminate information to Customers solely for the purpose of private communication, and in particular not to offer or advertise goods
  • Apart from the possible consequences of civil law and criminal law for each "Client", any violation of one of the commitments cited above authorizes Gofriends  to terminate the contract without delay and to immediately block access to its database and to its applications in accordance with Article III.
  • In the presence of elements leading to believe in an illicit or contrary to law use, Gofriends  reserves the right to verify the content of what the Customers have communicated, to prohibit access to this data if necessary. and to immediately block the access of the "Client" in accordance with Article III. In case of doubt, Gofriends  reserves the right to make the final decision on the admissibility of the use in question

VII. Cancellation and Termination

  • Each "Client" is entitled at any time to cancel his registration without indication. With the cancellation, the data of the "Client" is deleted, and the contractual relationship established in accordance with Article III (1) ends. Gofriends  is also entitled to terminate the contractual relationship established in accordance with Article III (1) at any time with a notice period of two weeks.
  • If a Customer having subscribed to a paid service cancels his registration (cancellation), the contractual relationship established in accordance with article (3) of these General Conditions of Use remains intact. The “Client” renounces by his cancellation the benefit of the credit for use of paid services not yet used, and thus the payments already made will not be refunded.
  • Access to the paid contact service in accordance with article (5) and the corresponding contract drawn up in accordance with article III. (3) are automatically renewed for the same duration as the access period initially chosen or determined (for example 3 or 6 months) at the end of the purchased access period, provided that the "Client" does not has not terminated his contract within fourteen days preceding the expiry of the access period, or if another period of notice was stipulated when purchasing paid access, within the corresponding period, and this indicating in full his surname and first name as well as his pseudonym. The user will find more detailed information on the terms of termination on the Gofriends  web page under the FAQ section.
  • Gofriends  is entitled to interrupt at any time totally or partially the provision of the services it provides.
  • At the time of the interruption of the services by GoFriends, the Customers who still have a credit of use for which they have not yet received a service (credit of use) will receive a reimbursement of the sums advanced on a pro rata basis services due under their usage credit but not received.

VIII. Implementation

  • Gofriends  is entitled, but not obliged, to check the content of each text, data and graphic files sent, in order to check their compliance with the laws and regulations in force or with these general conditions, and if this is necessary to modify or delete their content.

IX. Rights

  • All rights to programs, services, processes, software/applications, technologies, trademarks, trade names, inventions and other materials belonging to Gofriends  remain exclusively with GoFriends. Gofriends  is the holder of all the exploitation rights resulting from the rights mentioned above. The use of the programs and all their content, materials, trademarks and trade names that they include is only permitted within the framework of the purposes established by these General Conditions of Use. Any reproduction of the programs, services, processes, software etc., for any purpose whatsoever, is prohibited.

X. Liability

  • Gofriends  has no control over the accuracy and security of information exchanged between Customers or uploaded by Customers to their profiles. Thus, Gofriends  cannot assume any responsibility with regard to this information. Gofriends  assumes no responsibility for the accuracy and success of the comparisons between the different profiles as well as for the sincerity of the evaluation of the personality test. Gofriends  excludes all responsibility for the content of the assessment and for the expertise established on an individual basis. Because the "Customers" can, even if it is not allowed, communicate inaccurate information or use the Gofriends  application for other illicit or contrary to the law. Gofriends  excludes all liability for prohibited or illegal use of its applications. Gofriends  is only required to use reasonable efforts to provide contact, not to ensure successful contact. So Gofriends  cannot be held liable if during the contractual period no contact is established or if the personalities of the "Clients" put in contact are not compatible.
  • Gofriends  excludes all liability for the uninterrupted availability of the system or for faults caused by the system, for interruptions and for faults of technical installations Its liability is excluded in particular when the quality of access to Gofriends  is faulty due to a case of force majeure or external and independent events for which Gofriends  is not responsible, in particular in the event of a breakdown of communication networks and “gateways”. Gofriends  also excludes all liability for any insignificant interruption of its services
  • In the event of damage occurring for causes other than those set out above, Gofriends  is liable only in the event of intentional fault or serious fault committed by its bodies, collaborators or agents, and only for the part which is incumbent on him with regard to his participation and that of other causes in the occurrence of the damages invoked.
  • Gofriends  only engages its responsibility for simple imprudence if an organ, a collaborator or a Gofriends  employee has breached an essential obligation of the contract. The liability is limited to the usual damages for the individual case.

XI. Exemption from liability

  • The "Client" releases Gofriends  from all liability and from all obligations, costs and rights arising from damages caused for defamation, insult, violation of human rights, for any failure to provide services for the benefit of a "Client", for any infringement to immaterial goods or to other rights which would be the fact of another "Client". The "Client" also releases Gofriends  from all liability and from all rights and costs in the event of violation of the stipulations of these General Conditions of Use.

XII.Communication and Notice

  • Gofriends  communicates its opinions to its Customers through screen masks that are displayed after entering its site or by email. Messages from “Clients” to Gofriends  must be made by email to the address to which it expressly refers on the corresponding page, among other contact pages, or by post.

XIII. Set-off/right of retention

  • The "Client" can only claim compensation or a right of retention if the rights he opposes to Gofriends  have entered into force of res judicata, or are uncontested, or have been recognized.

XIV. Modification of the General Conditions of Use

  • Gofriends  is entitled to modify these General Conditions of Use at any time. Gofriends  will explicitly notify its "Clients" of any changes made. The "Customer" is entitled to refuse the General Conditions of Use thus modified within two weeks. This right will be recalled explicitly by Gofriends  with any modification. If the "Client" does not oppose these changes within the time limit, the new General Conditions of Use will apply to this "Client" from the date of expiry of the deadline. Gofriends  has the right to modify these General Conditions of Use. The modifications take effect as soon as they are published online on the website. This is valid without calling into question the possibility granted to any "Client" to terminate his affiliation. If the "Client" continues to use the Gofriends  services, he is deemed to have accepted the changes. If the “Client” refuses the General Conditions of Use, Gofriends  reserves the right to immediately terminate the free membership referred to in Article III (1). In this case, Gofriends  also reserves the right to refuse the automatic extension of paid membership defined in Articles II (5), III (3) and VIII (3). In this case, the paid membership will end at the end of the duration in progress at the time of the decision of non-extension. Gofriends  will inform the “Client” of this opposition to the extension of the paid membership no later than two weeks before the expiration of the current subscription. If the “Client” refuses the General Conditions of Use, Gofriends  reserves the right to immediately terminate the free membership referred to in Article III (1). In this case, Gofriends  also reserves the right to refuse the automatic extension of paid membership defined in Articles II (5), III (3) and VIII (3). In this case, the paid membership will end at the end of the duration in progress at the time of the decision of non-extension. Gofriends  will inform the “Client” of this opposition to the extension of the paid membership no later than two weeks before the expiration of the current subscription. If the “Client” refuses the General Conditions of Use, Gofriends  reserves the right to immediately terminate the free membership referred to in Article III (1). In this case, Gofriends  also reserves the right to refuse the automatic extension of paid membership defined in Articles II (5), III (3) and VIII (3). In this case, the paid membership will end at the end of the duration in progress at the time of the decision of non-extension. Gofriends  will inform the “Client” of this opposition to the extension of the paid membership no later than two weeks before the expiration of the current subscription. Gofriends  also reserves the right to refuse the automatic extension of Paid Membership defined in Articles II (5), III (3) and VIII (3). In this case, the paid membership will end at the end of the duration in progress at the time of the decision of non-extension. Gofriends  will inform the “Client” of this opposition to the extension of the paid membership no later than two weeks before the expiration of the current subscription. Gofriends  also reserves the right to refuse the automatic extension of Paid Membership defined in Articles II (5), III (3) and VIII (3). In this case, the paid membership will end at the end of the duration in progress at the time of the decision of non-extension. Gofriends  will inform the “Client” of this opposition to the extension of the paid membership no later than two weeks before the expiration of the current subscription.
  • It is therefore recommended that “Clients” read the latest version, which remains permanently available online on the website. By its presence on the website, the "Client" is deemed to have accepted without any restriction any revision or modification.

XV. General

  • If one of the stipulations of these General Conditions of Use should be declared null or incomplete, the other stipulations remain valid. The null or incomplete stipulation will be replaced or supplemented by another provision, which will be as close as possible to the intended economic objective. Any dispute against Gofriends  will be brought exclusively before the court in whose jurisdiction Steupla Sàrl has its headquarters.

XVI. The head office

GofriendsApp
s/c Steupla Sàrl.
Chemin de Prahis 10,
1091 Grandvaux / Suisse

Version updated on February 2, 2023