Termos e Condições de Uso

1. Acceptance of the Agreement Regarding the General Terms and Conditions.

By creating an account on Cupido Digital or using the Cupido Digital app, whether through a mobile device, application, or computer (collectively, the "Service"), the User agrees to the following Terms of Use.
Cupido Digital may make changes to this Agreement and the Service periodically. This may occur for various reasons, such as to reflect changes in laws or regulations, new features, or changes in business practices. The most current version is always the valid version. If the changes include significant alterations that affect your rights or obligations, we will provide you with reasonable prior notice of these changes, for example, through messages via the Service or by email. If you continue to use the Service after the changes take effect, you agree to the revised Agreement.

2. Access

Access to the Cupido Digital database and Services is granted after the User registers. During registration, a password and a pseudonym specified by the User are used. Registration requires the User to provide an email address and complete the registration form.

3. Scope of Services

Cupido Digital allows Users to access a centralized database system through its mobile application. This database system contains profiles and information about other Users. After registering and creating their own profile, Users have the option to search for other profiles in the database. Users can view other Users' profiles and contact them. Additionally, Cupido Digital provides access to data from a selection of Users as part of access to the database system. The content, type, and duration of the data provided and transmitted by the respective User is the sole responsibility of the User. Cupido Digital offers both free and paid Services. With the free registration, the User can create a profile, view other Users' profiles, and read messages from other Users. Likewise, a User can mark other Users' profiles for free. If two Users mutually mark each other's profiles, this will be shown to both Users. This is called a match. In addition to the free Services listed above, the User has the option to contact other Users and write messages to them for a fee. Before these Services are provided, the User is informed of the costs, content, and scope of the Services, as well as the price and payment conditions.

4. Authorization

Minors and individuals acting on behalf of third parties are excluded from using Cupido Digital's Services. If Cupido Digital has reason to suspect that a person is not entitled to participate, Cupido Digital will have the right to verify the person's personal data by validating their identity through the request for official documents. Users who are not entitled to participate are excluded from using Cupido Digital's Services and database. By creating an account and using the Service, the User declares and warrants that they: Can enter into a binding contract with Cupido Digital; Will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations; and Have never been convicted of a serious crime, a punishable act (or similar offense), a sexual crime, or a violent crime, and are not listed as a sexual offender in any state, federal, or local sexual offender registry.

5. Termination of the Free Subscription

The User has the right to delete their profile at any time without needing to provide justification. Additionally, Cupido Digital reserves the right to refuse a User's registration at any time without needing to provide justification. If the User violates these General Terms and Conditions, Cupido Digital may terminate the subscription at any time without prior notice. Upon termination of the subscription, all obligations of the operator to store User data cease, except where statutory retention periods require storage.

6. Modification of Services

Cupido Digital always strives to improve the Service and provide Users with additional features that are attractive and useful. This means that, from time to time, Cupido Digital will introduce new features or product improvements and remove some features. If these actions do not materially affect the rights or obligations of Users, Cupido Digital may do so without prior notice. Cupido Digital may even suspend the Service entirely, in which case it will notify Users in advance unless mitigating circumstances, such as security concerns, prevent this.

7. Purchases

In addition to the free Services, Cupido Digital offers Users various paid Services and benefits. With each individual use of these Services, the User enters into a new contractual relationship with Cupido Digital. Each use of a Service constitutes a new contractual relationship. These Services are completely independent of the free use of Cupido Digital's database system. The contract is concluded when the User selects the paid Service and accepts the payment obligation by pressing the "Buy" button (hereinafter: Order Process). The charged Services are also subject to local terms and conditions. Purchases on Cupido Digital If the User chooses to make a purchase through Cupido Digital, they agree to pay Cupido Digital all fees for the selected Services, as well as any costs or taxes that may be incurred on their payments. Furthermore, Cupido Digital is authorized to charge the User's selected payment provider (the User's "payment method"). Cupido Digital may correct any billing errors or mistakes, even if the payment has already been requested or received. If the User reverses a transaction or reverses a payment via their payment method, Cupido Digital may, at its sole discretion, immediately delete the User's account. "Coins" Through entering into a paid contractual relationship, the User receives a selected amount in the Order Process, which is credited in the form of a credit account. The credit balance is denominated in so-called "Coins." For the consumption of 500 "Coins," the User can send messages to other Users. If the credit account no longer contains "Coins," it will not be possible to send further messages to other Users. The User can add "Coins" to their credit account again through the Order Process, by which a new purchase contract is concluded. Virtual Items "Coins" are virtual items that the User acquires. The User is only authorized to purchase virtual items via Cupido Digital and by no other means. Virtual items constitute a limited license subject to this Agreement. Unless prohibited by applicable law, the virtual items purchased by the User will be licensed to them, and the User acknowledges that no title or ownership of the virtual items will be transferred or assigned to the User. This Agreement shall not be construed as a sale of rights over virtual items. No account balance in the User's account regarding virtual items represents a real-world account balance or reflects any stored value, but represents a measure of the scope of the User's license. There are no fees for virtual items if they are not used, but the license granted to the User for virtual items terminates, in accordance with the terms of this contract, if Cupido Digital ceases to provide the Service or if the User's account is terminated or deactivated. Cupido Digital reserves the right, at its sole discretion, to charge fees for the right to access or use virtual items and/or may distribute virtual items for a fee or for free. Cupido Digital may manage, regulate, control, modify, or remove virtual items at any time. If Cupido Digital exercises any of these rights, it will not be liable to the User or third parties. The transfer of virtual items is prohibited, and the User may not sell, accept returns, or otherwise transfer virtual items to any person or entity. Virtual items can only be redeemed through the Service. ALL ORDERS AND PURCHASES OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE. The provision of virtual items for use in the Service is a service provided by Cupido Digital that begins immediately after the acceptance of the purchase by Cupido Digital.

8. Payment Terms

The fee for the paid Services must be paid in advance to Cupido Digital and is charged in full by the selected payment method during the Order Process, such as credit card, direct debit, online banking, Payshop, or Multibanco. After successful completion of the Order Process, "Coins" will be credited to the customer's account immediately, but no later than within 24 hours. When purchasing by credit card, Cupido Digital will appear as the descriptor on your invoice. Cupido Digital may have payments for paid Services processed by an external Service provider designated by Cupido Digital.

9. User Obligations

The User is solely responsible for the content of their registration, additional personal data, and any information they provide about themselves. The User affirms that the information provided is true and accurately describes them. Intentional or fraudulent misrepresentations may result in civil and criminal proceedings and give Cupido Digital the right to block the User's profile without affecting Cupido Digital's right to receive due compensation. The User affirms that they do not use Cupido Digital's Services for commercial or business purposes, particularly for advertising. The User is not authorized to manually or with computer programs read the content and profiles of other Users to use the data obtained in this way. The User commits to treating their login data confidentially. If login data is disclosed to third parties, the User is responsible for all consequences of this action. If there is suspicion that access data has been passed on to third parties, the User must immediately inform Cupido Digital and take appropriate measures to prevent further abuse (e.g., changing the password). The User is prohibited from providing any type of explicit content before verification. Additionally, the User commits to not abusing Cupido Digital's Services, particularly by not using them to: Spread defamatory, racist, inflammatory, or otherwise illegal material or information; Request illegal pornography through the database system or other Users; Threaten or harass other Users or performers or violate their rights (including personal rights); Submit or solicit anything related to illegal pornography, human trafficking, rape, or bestiality; Introduce any data into the system or database that contains a virus or software or other material protected by copyright or other protective rights, unless the User owns the respective rights or has the necessary consent for use; Use the Services in a way that impairs their availability to other Users; Intercept any email or other messages and not attempt to do so; Send chain emails; Send any emails or other messages that serve commercial purposes; Mention names, addresses, telephone or fax numbers, messenger addresses, emails, or URLs in profile data; Collect, store, or process any personal data about other Users. Failure to comply with the above obligations or violation of other obligations regulated in these General Terms and Conditions will give Cupido Digital the right to immediately block the User's access to the database and terminate the contract without notice for imperative reasons. If the User connects commercial or business interests with the conclusion of the contractual relationship or uses the provided data for commercial or business purposes or for purposes not expressly approved by Cupido Digital, they commit to paying Cupido Digital a contractual penalty of €1,000 for each proven violation. Other claims for damages remain unaffected. The User is also required to follow Cupido Digital's photo/image policy.

10. Violation of User Obligations

If the User violates these General Terms and Conditions, Cupido Digital may terminate the subscription at any time, without notice, and the User's account will be deleted.

11. Communication

Cupido Digital sets up an electronic mailbox for the User within their account/profile. This is used for contacting other Users and transmitting Service messages from Cupido Digital. Other communications from Cupido Digital to the User will be made via the email address provided by the User. Users of the Cupido Digital database have access to a chat for mutual exchange of information in text format, as well as gifts and kisses to make contact. Users themselves are responsible for managing communication between each other and ensuring appropriate expression. Sexually inappropriate statements at the beginning and insinuations during communication should be avoided. A chat can be initiated by the User at any time. Users who have a predefined number of "Coins" can send messages to other profiles for a fee. The User receives push notifications by default. These notifications include alerts for received chat messages, profile visits by other profiles, profile marks by other profiles, and matches. Notifications can be disabled in the app settings. For user entertainment, Cupido Digital uses animators and operators as professional chat partners. This service is provided with the highest quality. Real meetings with these operators are not possible. Users can only send messages to them within the portal.

12. Advertising and Newsletters

By registering with Cupido Digital, the User expressly agrees that messages with information about Cupido Digital, as well as information about other Users, may be sent to them. The User has the right to stop the transmission at any time.

13. Prohibition of Commercial or Business Use, Prohibition of Spam

The User assures that they are not pursuing commercial and/or business interests in connection with their use. They commit to not using the Cupido Digital website and mobile app for commercial or business purposes. Advertising of commercial or business websites or apps, particularly those that: Offer goods or services in exchange for monetary value, request an equivalent offer, or reference an equivalent offer that can be obtained elsewhere; Advertising of commercial or business websites or apps, particularly those that offer goods or services for payment, are used for the presentation or advertising of companies, or promote other commercial portals. This applies particularly to the advertising of companies in the form of pop-ups, banner ads, or through specially highlighted or conspicuous links. A website is considered commercial if it is directly or indirectly linked to the commercial internet portal of another operator. Contact for the purpose of subsequent profit, particularly through subsequent references to 0900 numbers or premium SMS numbers. The User commits to not advertising commercial offers to other Users of the Service offered here or to other Users in any way and to not sending messages that serve a commercial or business purpose. This also applies to the setting or naming of links in publicly accessible profiles or to sending messages with the internal messaging systems (e.g., posting messages, forums, and profile data).

14. Damages

A User who pursues or uses Cupido Digital for commercial or business purposes, as mentioned in point 13, without the permission of Cupido Digital, is obligated to pay fixed compensation of €5,100. In this case, the User has the right to prove that no damage was caused or that it is significantly lower than the fixed amount. Cupido Digital reserves the right to prove that it suffered greater damages as a result. In the case of intentional or grossly negligent violations of the User's obligations mentioned in point 9, the User commits to indemnifying Cupido Digital unless the violation already constitutes fixed compensation according to paragraph 1 of this point. In this case, the User has the right to prove that no damage was caused.

16. Modification of General Terms and Conditions

Cupido Digital reserves the right to modify these General Terms and Conditions at any time, provided that this does not affect essential provisions of the contractual relationship and is necessary to adapt to developments that were not foreseeable by Cupido Digital at the time of contract conclusion and whose non-observance would significantly disrupt the balance of the contractual relationship. Essential provisions are, in particular, those relating to the type and scope of the agreed Services, as well as the term, including the provisions on termination. Cupido Digital has the right to make changes to fill any gaps in the contract, particularly due to legal changes and changes in case law.

17. Liability of Cupido Digital

Cupido Digital assumes no responsibility or liability for the accuracy and security of data and content published or transmitted by other Users. Cupido Digital also assumes no responsibility for the truthfulness of the content of Users' profiles. Although not permitted, Users may enter incorrect or illegal information and content or use Cupido Digital's Services for inappropriate or illegal purposes. Cupido Digital provides an IT service with access to the database and does not guarantee success. As Cupido Digital has no influence on data transmission over the internet outside of its own IT infrastructure, and due to the characteristics and uncertainties of the internet, Cupido Digital cannot accept any responsibility for external data loss and/or errors in data transmission. Cupido Digital is not responsible for any service failure that is beyond its control (e.g., due to force majeure or technical failures on the internet). Cupido Digital assumes no responsibility for the misuse of information provided by the User to third parties. Cupido Digital is also not responsible for unauthorized access by third parties to Users' personal data (e.g., through unauthorized access to the central database), unless Cupido Digital has deliberately or grossly negligently enabled third-party access. Cupido Digital is only liable—except in cases of breach of essential contractual obligations, injury to life, body, or health, or claims arising from the Product Liability Act—for intent and gross negligence. Essential contractual obligations are those whose fulfillment is necessary to achieve the contract's purpose. In the case of a slightly negligent breach of an obligation essential to achieving the contract's purpose (cardinal obligation), Cupido Digital's liability is limited to the amount of damage that is foreseeable and typical for the type of activity in question. The above limitation of liability also applies to the personal liability of Cupido Digital's employees, representatives, and agents.

18. Rights

The User grants Cupido Digital a non-exclusive, transferable, geographically unlimited, and temporarily limited right to use the content they create or upload to the database, including images, texts, and videos. The User assures that the content posted or created by them and its use does not infringe the rights of third parties, particularly copyright or other proprietary rights.

19. Data Protection

Cupido Digital collects, processes, and uses the User's personal data as described in these Terms and Conditions and the Privacy Policy. The storage of personal data is governed by the applicable legal provisions.

20. Cancellation Instructions

Right of Cancellation The User has the right to cancel contracts within fourteen days without giving reasons. The revocation period is fourteen days from the day of the individual contract conclusion. To exercise the right of cancellation, the User must inform us by means of an unequivocal statement (e.g., a letter sent by email) of their decision to cancel this contract. To meet the cancellation deadline, it is sufficient to send the notification of the exercise of the right of cancellation before the cancellation period expires. Consequences of Cancellation If the User cancels this contract, we will refund all payments received from them without undue delay and no later than fourteen days from the date we receive the User's notification of cancellation. We will use the same means of payment used for the original transaction unless otherwise expressly agreed with the User; in no case will any fee be charged for this refund. If the User has requested that the Service begin during the cancellation period, the User will pay Cupido Digital a proportional amount equal to the Services already provided up to the point when the User notified us of the exercise of the right of cancellation concerning this contract, compared to the total scope of the Services provided in the contract. Cancellation Form Template If you wish to cancel the contract, please contact us at atendimento@cupidodigital.com.