Terms of Service

1.1 These Terms of Service (“Terms”) govern the use of the online dating platform ParDate. ParDate is available at pardate.com. The Terms apply to all associated services (the “platform”).

1.2 The provider and contracting party is:

(hereinafter “ParDate”, “we” or “us”). ParDate is operated by a private individual; there is no entry in the commercial register and no VAT identification number. The complete provider details are set out in the legal notice.

1.3 The Terms apply to all registered persons (“members” or “you”). Conflicting terms of members do not apply, even if we do not expressly object to them.

1.4 The platform is directed exclusively at private individuals who use it for private, non-commercial purposes. A “consumer” within the meaning of these Terms is any natural person who concludes a contract for purposes that are predominantly outside their trade, business or profession.

1.5 The privacy policy applies in addition. It is not part of these Terms. It explains how we process personal data.

2.1 ParDate is an online platform through which adults of all sexual orientations and gender identities can meet one another. Members can create a profile, view other profiles and exchange messages with one another.

2.2 Free use: Registration and use of the platform are currently entirely free of charge. The scope of functions follows from the service overview on the platform: creating and editing a profile, answering questions, viewing matches, sending and accepting contact requests, and exchanging messages with contacts. No fees are charged; there are currently no paid features and no functional restrictions.

2.3 Reservation of paid features: No paid features or subscriptions are currently offered. ParDate, however, reserves the right to make individual features of the platform subject to a charge at a later time, in particular depending on the development of operating costs, in order to ensure the continued operation of the platform and to generate revenue. Should paid features be introduced in the future, separate terms, prices and the legally required consumer information (including any right of withdrawal) will be presented in good time and before any payment, and must be agreed separately. No payment obligations arise without such a separate agreement.

2.4 No success owed: ParDate provides the technical infrastructure for making contact. We owe no particular outcome, in particular no contacts, meetings or relationships coming about. ParDate is neither a marriage nor a matchmaking agency. We do not propose individually selected partners. Based on your answers to the profile questions and the answers of other members, ParDate calculates a mutual degree of compatibility (“match score”); profiles are displayed in your dashboard sorted by this degree of compatibility.

2.5 No identity verification: On registration we only verify the email address (§ 3). We generally do not check the information in profiles, such as identity, age or intentions. We accept no responsibility for the accuracy of this information.

2.6 We may further develop the platform and change, add to or discontinue individual functions, insofar as this is reasonable for members taking their interests into account. For changes to digital services towards consumers in the EU, the statutory requirements apply in addition (e.g. § 327r BGB in Germany).

2.7 Early Bird promise: The first 5,000 profiles created (“Early Bird profiles”) will receive a guaranteed founder price below the regular price when paid features are introduced later. The founder price applies for the duration of the respective subscription and ends with the first cancellation of the subscription; after a cancellation, the entitlement to the founder price lapses and any renewed subscription will be at the regular price. The amount of the founder price will be announced in good time before paid features are introduced. The promise is documented and verifiable.

3.1 Minimum age: Use is permitted only to persons who are at least 18 years old and have full legal capacity. By registering, you confirm that you meet these requirements. During profile creation (onboarding) you state your year of birth; a year of birth indicating an age below 18 is rejected by the platform. If we have indications that a person is a minor, we block the account immediately and delete it.

3.2 Registration: To register you need a valid email address and a password. You must provide truthful information. Only one account is permitted per person. The account is not transferable.

3.3 Email verification: After registration we send you a confirmation link. The link is valid for 24 hours. Until it is confirmed, your profile is not visible to other members and can only be used to a limited extent: you can already sign in and request a new confirmation link — for security reasons at most once every 5 minutes — and your account is deemed deactivated until confirmation (outside search and match results). Accounts whose email address is not confirmed within 30 days of registration are deleted by us automatically. This deletion affects only accounts whose email address has never been confirmed; a pending change of the email address (§ 3.4) is not affected.

3.4 Changing the email address: A new email address becomes effective only once you have confirmed it via a confirmation link. Until then your previous address remains valid. The automatic deletion under § 3.3 does not apply to accounts whose email address has already been confirmed and which need to confirm a new address; in that case the account continues to exist regardless of the 24-hour validity of the confirmation link.

3.5 Access credentials: Keep your access credentials secret and protect them from access by third parties. If you suspect misuse, please inform us without delay and change your password.

3.6 Formation of the free usage contract: On completion of registration, a free usage contract for an indefinite term comes into existence. You may terminate it at any time without giving reasons by deleting your account (§ 4.2).

4.1 Deactivation: You can temporarily deactivate your account in the settings (in the app under “Profile → Danger zone”). While deactivated, your profile is not visible to other members and is no longer found in searches or in others’ matches. You can reactivate the account at any time by signing in again. Existing contacts and conversations remain unchanged.

4.2 Deletion: You can permanently delete your account at any time (in the app under “Profile → Danger zone → Delete profile”). Your profile and your data are permanently deleted within 30 days; during this period you can still sign in and undo the deletion. The usage contract ends with the deletion. Your data is deleted in accordance with the privacy policy, unless statutory retention obligations apply.

5.1 Members must treat one another respectfully and comply with applicable law. In particular, it is prohibited:

• (a) to publish or send content that is unlawful, insulting, threatening, harassing, discriminatory, glorifying violence, racist, sexist, or hostile to gay, bi, trans or queer people;
• (b) to harass, stalk or pressure other members, or to continue contacting them after a recognisable rejection;
• (c) to send sexually explicit content without the recipient’s prior consent; to display pornographic content in public profile areas; any content relating to minors in a sexual context (such content is reported to the authorities without exception);
• (d) to provide false information, impersonate another person or create fake profiles;
• (e) to use photos that do not show you yourself or to which you hold no rights, as well as images of third parties without their consent;
• (f) to use the platform commercially, for example for advertising, sales, paid sexual services, escort offers, recruitment, pyramid schemes or the collection of contacts;
• (g) to defraud other members, e.g. by love or romance scamming, demands for money, investment or crypto offers;
• (h) to publish or pass on personal data of other members without their consent, e.g. screenshots of private messages or photos;
• (i) to pass on contact details of third parties or to use the platform for spam;
• (j) to use automated access (bots, scrapers, crawlers), to exploit security vulnerabilities, or to technically disrupt or overload the platform;
• (k) to distribute malware or links to harmful content;
• (l) to incite hatred, violence or criminal offences.

6.1 You are responsible for the content you post or send on the platform (texts, photos, messages; “content”). You warrant that you hold the necessary rights and that the content does not infringe these Terms or applicable law.

6.2 You remain the holder of your rights. You grant ParDate a simple, royalty-free, non-transferable right to use the content solely for the operation of the platform. This includes: storing, technically processing (e.g. adjusting the size or format of photos), displaying it to other members in accordance with your settings, and transmitting messages to their recipients. The right is limited to the duration of your membership and the subsequent deletion periods.

6.3 ParDate does not use your content for advertising outside the platform, does not pass it on to third parties for advertising purposes and does not sell it. Profiles are visible only to logged-in members; they are not publicly accessible and are not indexed by search engines.

7.1 Profile visibility: Your profile is visible to other members as soon as your email address is confirmed and the account is active. Profiles are shown only to signed-in members. Answers in the “Intimacy & preferences” area are not shown to other members unless you expressly unlock individual entries as a badge on your profile.

7.2 Online status: Other members can see whether you are currently online or were recently active. A member counts as online if they were active in the last approx. 2 minutes. It is currently not possible to specifically hide the online status. The platform also displays anonymous aggregate figures, e.g. the number of profiles and the number of currently active members. No individual persons can be derived from these.

7.3 Messages: Messages are stored encrypted on our servers using AES-256-GCM. This is server-side encryption and not end-to-end encryption. Archived conversations are automatically permanently deleted 30 days after archiving, once both conversation partners have archived the conversation. Please note: recipients can see content and may store it outside the platform, e.g. by screenshot. Therefore do not share information you do not wish to pass on.

7.4 To process a report (§ 8) we may view the reported content insofar as this is necessary for the review. This may include reported messages, which we decrypt for this purpose. Details are set out in the privacy policy.

7.5 ParDate uses no tracking or advertising cookies and no advertising networks, and does not pass on personal data to third parties for advertising purposes. Technically necessary cookies, e.g. for signing in, are used. Details and the processors engaged (e.g. hosting, email delivery) are set out in the privacy policy.

8.1 Reporting content and profiles: You can report profiles, photos and messages that you consider unlawful or in breach of these Terms by email to info@pardate.com. A reporting function directly on the platform will be provided as the platform is developed further; once available, it will also be present on every profile and in conversations. Where possible, a report should contain:

• (a) a statement of why the content is unlawful or in breach of the Terms;
• (b) a precise indication of where the content is located (e.g. profile, message);
• (c) your name and email address (except for reports of certain criminal offences such as depictions of child sexual abuse);
• (d) a declaration that you are making the statements in good faith.

We confirm receipt of the report and inform you of our decision.

8.2 Review and measures: We review reports promptly, carefully and objectively. If a profile receives three reports from different members within a short period, it is automatically suspended provisionally as a precaution until a person has reviewed the reports manually. We reserve the right to review profile photos manually before or after publication. We also reserve the right to remove or hide content that infringes these Terms or applicable law.

8.3 Possible measures, depending on the severity of the breach, are: a notice or warning, removal of individual content, restriction of functions, temporary suspension, permanent suspension and termination of the account (§ 9). In the case of serious criminal offences, in particular where there is a danger to life and limb or content relating to the sexual abuse of children, we inform the competent authorities insofar as we are obliged or entitled to do so.

8.4 Statement of reasons: If we restrict your content or your account, we communicate the decision to you with a clear and comprehensible statement of reasons. We state the affected content, the legal basis or provision of the Terms, the facts on which the decision is based, whether automated means were used (e.g. the automatic provisional suspension under § 8.2) and your remedies. This does not apply where it is prohibited by law or where the matter concerns misleading commercial bulk messages (spam).

8.5 Complaint: You can lodge a complaint against a moderation decision within six months of the notification. This also applies if you submitted a report and disagree with the decision. Address the complaint to us by email to info@pardate.com. Complaints are reviewed by a person, not solely by automated means. If a decision proves unfounded, we reverse it. Your right to bring the matter before the ordinary courts remains unaffected. Members in the EU can also turn to an out-of-court dispute settlement body certified under the Digital Services Act (DSA).

8.6 Misuse of the reporting system: Anyone who repeatedly or deliberately submits manifestly unfounded reports in order to harm others may, after prior warning, be temporarily excluded from the reporting function or suspended.

9.1 We may suspend an account temporarily or permanently and terminate the usage contract if there are concrete indications that a member is in breach of these Terms or applicable law. This applies in particular in the case of being a minor, fake profiles, commercial use, fraud, harassment or criminal content. When choosing the measure, we take into account the member’s legitimate interests, the severity of the breach and whether there is fault.

9.2 We may also terminate the free usage relationship without cause with a notice period of 30 days. We notify you of the termination at least 30 days in advance.

9.3 Anyone who has been permanently suspended may not register again without our prior consent.

10.1 ParDate cannot control how members behave off the platform. The following recommendations therefore apply to meetings:

• Meet for the first time in a public, busy place.
• Tell a person you trust where and with whom you are meeting.
• Arrange your own travel to and from the meeting.
• Do not pass on any money or any bank or ID details.
• Report suspicious behaviour (by email to info@pardate.com).
• In an emergency, contact the police (Switzerland: 117, EU: 112).

10.2 You can obtain further safety information on request at info@pardate.com.

11.1 We may change these Terms where there is a valid reason. Valid reasons are in particular changes in legislation, changes in case law, official requirements, new functions or security requirements. A change must not shift the balance of performance and consideration to your disadvantage.

11.2 We inform you at least six weeks before the planned changes take effect, by email and in your account. The amended provisions are highlighted.

11.3 Consent for material changes: Material changes take effect only once you expressly agree to them, e.g. by clicking in the app. This includes in particular changes to the main services. If you do not agree, the contract continues on the previous terms. We may then terminate it in the ordinary way under § 9.2.

11.4 Non-material changes (e.g. editorial adjustments, clarifications, adjustments to mandatory changes in legislation without disadvantage to you) take effect at the announced time. You may end the contract free of charge at any time until then by deleting your account (§ 4.2).

12.1 We endeavour to keep the platform available with as few interruptions as possible. Availability of 100% is technically impossible and is not owed. Where possible, we carry out maintenance at times of low usage and announce it where necessary.

12.2 Statutory warranty and consumer rights remain unaffected (in the EU in particular the rights relating to digital products, e.g. §§ 327 et seq. BGB).

13.1 ParDate is liable without limitation

• (a) for intent and gross negligence,
• (b) for damage arising from injury to life, body or health,
• (c) under mandatory statutory provisions, such as product liability legislation,
• (d) insofar as we have given a guarantee.

13.2 In the case of slight negligence we are liable only if we breach a material contractual obligation. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for the contract.

13.3 Otherwise liability is excluded insofar as permitted by law.

13.4 ParDate is not liable for the content and conduct of members, neither on the platform nor off it, in particular not at meetings. This does not apply insofar as we are ourselves responsible under applicable law, for instance where we fail to remove unlawful content promptly despite knowledge of it.

13.5 The limitations of liability also apply to ParDate’s auxiliary persons, staff and agents.

13.6 For members resident in Switzerland the following applies in addition: liability for slight negligence is excluded within the scope of Art. 100 CO. Liability for intent, gross negligence and personal injury remains unaffected.

If third parties assert claims against ParDate because a member culpably posted content or used the platform and thereby breached these Terms or applicable law, the member indemnifies ParDate against these claims. This also includes the reasonable costs of legal defence. The member is entitled to demonstrate that no damage or lesser damage arose.

15.1 Contact for members: You can reach us by email at info@pardate.com. Emails from senders such as noreply@pardate.com are sent automatically; replies to that address are not read. In addition, a form is available in the app via the support button, through which you can send us bug reports, feature requests, support enquiries and feedback; we send a confirmation of your enquiry and replies to it by email from info@pardate.com.

15.2 Single point of contact for authorities and users under the DSA (Art. 11 and 12): info@pardate.com. Languages: German and English.

15.3 Legal representative in the EU (Art. 13 DSA): ParDate has no establishment in the EU. The designation of a legal representative in the EU is being prepared; the details will be published on this page once the designation has taken place. Until then you can reach us via the single point of contact (§ 15.2).

ParDate is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration body. If you have questions or complaints, please contact us directly (§ 15.1). We endeavour to find an amicable solution. Members in the EU can also use the European Commission’s online dispute resolution platform (Art. 14(1) ODR Regulation) and turn to the competent national conciliation body; neither affects our declaration of non-participation above.

17.1 Swiss law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules.

17.2 For consumers habitually resident in the EU or EEA, this choice of law applies only insofar as it does not deprive them of the protection of the mandatory consumer protection provisions of their state of residence (Art. 6(2) Rome I Regulation).

17.3 For consumers resident in Switzerland, the place of jurisdiction follows from Art. 32 of the Swiss Civil Procedure Code (ZPO). Consumers may sue at their own place of residence or at ParDate’s seat. Actions by ParDate against consumers must be brought at the consumer’s place of residence.

17.4 For consumers resident in the EU or EEA, the mandatory places of jurisdiction under the Lugano Convention apply (in particular Art. 15–17 Lugano Convention). Consumers may sue at their place of residence and may be sued only there.

17.5 Insofar as permitted by law, in particular towards non-consumers, the place of jurisdiction is Herisau (Switzerland).

18.1 If a provision of these Terms is invalid, the remainder of the contract remains effective. The statutory rule takes the place of the invalid provision.

18.2 ParDate may transfer rights and obligations under this contract to a successor entity (e.g. the planned ParDate GmbH) if that entity performs the obligations to an equivalent standard. We announce any such transfer at least six weeks in advance. In that case you may end the contract at any time with immediate effect by deleting your account.

18.3 Declarations within the framework of this contract may be made by email. This does not apply where a stricter form is prescribed by law.