1.1. SOLID Information Management GmbH ("Heartwalker" / "Heartwalker Dating Platform") operates an online service as a technical provider ("Platform") on which natural persons ("Users", "Members") may, after successful registration, create electronic self-descriptions ("Profiles"), publish them via the platform, search for other users based on certain criteria within the portal and/or communicate with them within the portal. In particular, the following services are offered within the framework of the platform:
1.1.1. The platform includes the entire offering accessible via the internet address www.heartwalker.fr, insofar as it is operated and/or managed by Heartwalker. Advertising, promotions, competitions and cooperations provided by third parties via advertising materials and links and linking to external offers are not part of the platform operated by Heartwalker.
1.1.2. To use the service, the user creates a profile under a pseudonym for the purpose of self-presentation. Some details are mandatory — e.g. profile name, gender, age and e-mail address — and others are voluntary, e.g. city, height, personal text, photos, etc. Heartwalker reserves the right to modify the required information, but will always clearly indicate this.
1.1.3. Using various search functions, users can find each other based on selected criteria, retrieve the information entered in profiles and make contact with each other within the platform.
1.1.4. Users may exchange messages via the portal after booking a paid membership.
1.2. These Terms of Use apply exclusively to the use of the platform. Deviating, conflicting or supplementary terms and conditions of the user shall not apply.
2.1. Use of the portal requires successful registration by the user, during which a username, a personal password and other data necessary for operating the portal must be provided. This data will be stored in the user’s profile.
2.2. Only the person who has registered in this way is entitled to use the corresponding profile. Use by multiple persons is not permitted. The user assures Heartwalker that the data provided during registration is complete and truthful.
2.3. The use of the platform requires a minimum age of 18 years. Heartwalker is entitled to conduct random checks and, in individual cases, request proof of age. Profiles of users under 18 may be deleted immediately.
2.4. By registering, the user agrees to be bound by these Terms of Use. There is no entitlement to registration or access to the platform.
2.5. Heartwalker is entitled to exclude users from further access to the portal in the event of suspected or proven violations of these Terms of Use.
3.1. Registration on the platform and the creation, storage and modification of profile details are free of charge.
3.2. The exchange of messages is available after booking a paid monthly membership fee of €9.95 including VAT.
3.3. Any costs incurred directly by the user through use of the platform (e.g. connection costs, internet access costs) are borne solely by the user.
3.4. If a booked membership results in a chargeback — whether due to incorrect IBAN, insufficient funds, inactive direct debit authorization or other reasons — Heartwalker will pass on the resulting costs (bank fees of €6.75 and any applicable postage fees for written reminders) to the user. The user must bear these costs in any case.
4.1. Use of the portal is permitted only in compliance with statutory provisions and these Terms of Use.
4.2. Use of the platform is exclusively for the purpose of presenting oneself and interacting with other members using the provided functions.
4.3. The user is solely responsible for the content of their registration and all information provided. They assure that all means truthful and that no commercial intentions are pursued. Data of third parties entrusted within the portal may not be used for commercial purposes.
4.4. It is prohibited to publish, distribute, make accessible or link any content that violates applicable law or these Terms of Use. This includes insulting, glorifying violence, discriminatory, offensive or unlawful content.
4.5. The user is obliged to treat messages or other content received from third parties confidentially and not make them accessible to others without consent.
4.6. It is prohibited to post personal data (names, addresses, phone numbers, e-mail addresses) or other contact information within profiles.
4.7. Links to other websites are permitted in profiles insofar as they serve purely self-representation purposes.
4.8. Misuse of the portal is prohibited, in particular:
4.8.1. Harassing, threatening, deceiving or harming other users or third parties;
4.8.2. Creating misleading, rights-infringing, sexually or commercially oriented profiles;
4.8.3. Uploading unlawful, nude or offensive content;
4.8.4. Distributing malicious code or damaging data;
4.8.5. Publishing copyrighted or protected material;
4.8.6. Sending spam, scam, advertising or promotional messages;
4.8.7. Searching for models or similar, even for private purposes;
4.8.8. Uploading images not clearly showing oneself;
4.8.9. Operating more than one profile simultaneously.
4.9. In the event of violations, the user shall be liable for all resulting damages and indemnify Heartwalker against all claims by third parties.
4.10. In case of violations, Heartwalker may immediately exclude the user and delete all profile data.
4.11. Heartwalker uses electronic filters to prevent harmful or commercial misuse of the portal.
4.12. Membership fees paid for the current month will not be refunded in case of intentional violations.
5.1. Users are entitled to delete their profile at any time without stating reasons. Profile deletion also terminates any automatic membership renewal.
5.1.2. Paid memberships can be canceled up to 5 days before the end of the current billing period.
5.2. Paid fees always apply to a full month and are not refunded proportionally.
5.3. Withdrawal from an already completed booking is excluded due to immediate digital performance delivery.
6.1. Heartwalker may modify or suspend the portal at any time where reasonable.
6.2. Temporary outages due to maintenance, third-party provider disruption or force majeure are possible at any time.
7.1. All rights to the platform, including content and technology, belong exclusively to Heartwalker.
7.2. Heartwalker may reproduce and distribute non-personal profile content across different media.
Heartwalker complies with all applicable data protection laws. Further details are regulated in the privacy policy.
9.1. Claims for damages are excluded except in cases of intent or gross negligence.
9.2. Heartwalker is only liable for data recovery if appropriate backups were taken by the user.
9.3. Liability for platform failures, attacks, spam or viruses caused by third parties is excluded.
9.4. Users must report damages immediately.
9.5. Heartwalker is not responsible for linked external content.
9.6. Heartwalker is not responsible for false user information or misuse of user-provided data.
10.1. Heartwalker may amend these Terms of Use at any time.
10.2. Acceptance may occur via banner display or checkbox confirmation.
10.3. If no objection is raised within two weeks, changes are deemed accepted.
10.4. In case of objection, either party may terminate usage.
11.1. Place of jurisdiction is Berlin, Germany.
11.2. German law shall apply.