Terms and conditions
These are the terms and conditions (as defined below) applying to the use of the App and the Website (hereafter: the Platform). We advise you to carefully read these Terms and Conditions so you are aware of your rights and obligations regarding your use of the Platform.
FlirtTracker is a dating platform, so by nature you'll be asked to enter some (limited) personal data, like your name, height etc. By using the service and having flirts, dropping hints etc. every time the location is stored. Whenever someone does the same and you're nearby, we also log that so we can show you. FlirtTracker does not keep a record of all your locations, ever.
- In this document the following boldened terms shall have the defined meaning:
- The person currently logged in to the Platform
- Personal information entered and editable by the User
- A "flirt" as registered on the Platform by the User
- A mutual Flirt between two Users
- An instant message sent by the user to one of his or her Matched flirts
- The credentials as used by the User to gain access to the Platform (either email/password, or Facebook connect)
- FlirtTracker BV, Bezuidenhoutseweg 460A, 2594BE, The Hague, The Netherlands
- This document, forming a legally binding agreement between User and FlirtTracker
- Party or parties
- The User and/or FlirtTracker
- All software, as defined above, developed and maintained by FlirtTracker, forming the App and Website
- All digital services offered by the Platform, now and in the future
- Pro member
- A User with a paid subscription to the Service offered by the Platform
- Privacy statement
- The privacy statement pertaining to the Platform, readable here
- In this document the following boldened terms shall have the defined meaning:
- FlirtTracker is at all times permitted to modify and/or extend these Terms. Modifications to the Terms will be communicated via the Platform on login, requiring the User to accept or decline the changes. Additionally the most recent version can always be consulted on this page. On declining, the User's Account will be terminated permanently. Should the User decide to reject the Terms intermediately, she or he can always terminate their Account manually.
- The User is explicitly considered to be a natural person, therefore all rights and privileges established in accordance with Dutch and European law automatically apply in addition to these Terms, including — but not limited to — liability, consumer rights and privacy laws.
- Should any part of these Terms be overruled in court, all other parts will remain applicable and FlirtTacker will modify, replace or delete the offending parts per direct, doing its best to uphold the original intent of said parts where possible
- The Service offers the possibility, via the Platform, to track flirts the User may have had, and in the case of a mutual Match engage in digital conversation with said flirt. The Service is offered as is both to non-paying as well as Pro members.
- The main goal of the Service is to connect strangers who had a flirt with each other in retrospect.
- Whilst the ultimate goal of a flirt is to go on a date together, FlirtTracker can nor will in any way guarantee that a Match leads to such an encounter. This is up to the User.
- FlirtTracker tries its best to offer a correctly functioning Service in the technical sense, however no guarantees as to timescales for bugfixes, availability of the Platform, support for browsers or devices etc. can and will be made. The Service is explicitly offered "as is" and will be subject to changes, improvements etc. over time witout any prior notice.
- Flirting is something for all ages, therefore FlirtTracker does not impose any age restriction on the User. It is the User's sole responsibility to ensure she or he does not break any laws regarding minors or otherwise in their local jurisdiction. In any case FlirtTracker cannot be held liable should an illicit encounter, sexual or otherwise in nature, result from use of the Service.
- User guarantees the information and photographs she or he adds to their Account are factual, correct and correspond with reality. Fakers are not tolerated and the corresponding Accounts will be terminated by FlirtTracker immediately upon discovery. For privacy reasons, we do allow using a fake first name.
- The User is at all times responsible for keeping their login credentials secret. FlirtTracker stores passwords securely and will never ask for your password either by phone, email or any other means. Should the User suspect their password has been compromised, it is their own responsibility to change it on the Platform per direct.
- The Service relies on access to the Internet, the availability of which is the responsibility of the User.
- Non-paying members can make use of the platform, with some restrictions.
- Paying members ("Pro members") will not encounter these restrictions.
- Pro membership is purchased for a period of either 1, 3, 6 or 12 months and is non-refundable. This includes, but is not limited to, Accounts terminated due to abuse of the Platform.
- Pro membership is never recurring. FlirtTracker will send a friendly reminder to the User whose membership is about to expire.
- Additional functionality of Pro membership will not be deleted on termination of said membership; it will simply be hidden. Should the User at a later date decide to renew the Pro membership, hidden content will be available again.
- FlirtTracker may in the future add additional functionality only available to Pro members. FlirtTracker will not however at any point limit functionality to free users as was available at the moment of their subscription.
- The User understands that the limited personal details supplied and picture(s) needed to use the Service will be visible to potential Matches (other Users of the Service).
- The User understands that the information mentioned in the previous section can be downloaded, copied or otherwise used by potential Matches (other Users of the Service) and that FlirtTracker accepts no liability whatsoever for such use.
- The User agrees to not use any information as mentioned in the previous paragraphs for malicious purposes. Discovery of the contrary will result in immediate termination of their Account, and possibly legal action.
- In no case is the User allowed to add, upload or otherwise make public any content (be it textual or binary) which infringes on third parties' right, including FlirtTracker itself and other Users. Discovery of such will result in immediate termination of their Account, and possibly legal action.
- FlirtTracker reserves the right to remove, edit or deny any content uploaded by User which FlirtTracker deems inappropriate, offensive, illegal or otherwise undesirable for use on the Platform, whether bound by law or by our own morality.
- In no case is FlirtTracker liable for any damages resulting from the uploading of illegal, infringing or otherwise undesirable content as mentioned in the previous paragraph.
- During Account creation and use of the Service, the User supplies (limited) personal data to FlirtTracker. Said data will be processed according to our Privacy statement and the applicable Dutch and European law.
- User is responsible for prudent use of information gained about other Users of the Service, as obtained via the Service in any way. "Do not do onto others what thou wouldst not do to thyself." In no way shall FlirtTracker be held liable for misuse of such information.
- Usage of the Service implies that the Users share their geographical location with the Platform. FlirtTracker only stores your latest known location, as well as locations you had Flirts on or left hints. We do not track your every movement!
- Supplying fake locations (either by technical or manual means) is expressly forbidden and is reason for immediate termination of your Account.
- All intellectual property related to the Platform in any way is owned by FlirtTracker, with the exception of user-uploaded content and open source software used to develop the Platform. The intellectual property for uploaded content is owned by the Users who uploaded said content; the intellectual property for open source software used to develop the Platform is owned by its respective owners. In no place do these terms imply the transfer of such ownership.
- FlirtTracker reserves the right to use content as uploaded by Users for marketing purposes worldwide, with the notable exception of Users' email addresses (we hate spammers too, don't worry). FlirtTracker will try to seek written permission before such use if possible.
- The User is not permitted to (ab)use the Service or Platform in any way that jeopardizes its availability or correct functioning. Discovery of the aforementioned will result in immediate termination of the Account responsible.
Guarantees and absolutions
- User understands that the offered Service can in no way guarantee a successfull Match. FlirtTracker offers a tool; what you accomplish with that is up to you.
- FlirtTracker will try its utmost best to remove offensive, fake and otherwise malicious users from the Platform, but cannot make any guarantees towards their absence. User understands that FlirtTracker has no influence on content uploaded by other Users, let alone their behaviour on the Platform. Kids, be careful out there!
- Should User violate these terms and legal action against FlirtTracker ensue because of that violation, User agrees that FlirtTracker will forward all costs associated with said legal procedure (including, but not limited to, lawyers' fees, damages etc.) to User.
- User agrees to these terms as well as any local jurisdiction that may apply upon use of the Platform.
- User understands that FlirtTracker has no influence over partners offering external services needed to operate the Platform (Google, Facebook et al) and that these partners are fully accountable for their compliance with their own terms and/or local jurisdictions.
- User is solely responsible for any use of the Platform as well as for any events resulting from her or his use of the Platform. FlirtTracker is explicitly not liable for any claims resulting from aformentioned actions.
- Restitution of Pro memberships will only take place if the entire Platform is unavailable for at least one month, counting per whole month rounded down, in rato.
Abuse of the Platform and reporting thereof
- Users may report abusive other Users via the "report abuse" option in their mutual chat.
- Alternatively, abuse AT flirttracker.com may be used to report abuse via an email (e.g. for non-Users or complaints not pertaining to a specific user).
- FlirtTracker will take appropriate action within 48 hours upon receiving an abuse report. If the nature of the abuse is unclear, FlirtTracker might contact reporting User for clarification prior to taking action.
- It is the sole discretion of FlirtTracker to decide what action is considered "appropriate" in the context of reported abuse.
- It is the sole discretion of FlirtTracker to deem a report of abuse valid and eligible for resulting in appropriate action.
- FlirtTracker is in no way liable for damages sustained (beit real or perceived) by User or any other third party resulting from (abusive) use of the Platform.
- In no case shall FlirtTracker be held a party during any legal dispute between Users or a User and a third party regarding (ab)use of the Platform.
- FlirtTracker is at all times permitted to block, terminate, limit or suspend access to the Platform for a User she deems abusive, in violation of these Terms or in any other way a threat to the operation of the Service, without prior notice.
- Reports of abuse shall be processed by FlirtTracker with the utmost respect of the reporting User's privacy, in accordance with (but where possible not limited to) Dutch and European law. Information received by FlirtTracker in the context of an abuse report shall only be used by FlirtTracker in that context and not for any other purpose.
Duration and termination
- Agreement with these Terms by the User is implicit as long as an Account exists on the Platform.
- An Account is created on the Platform with no fixed ending date.
- User can at all times terminate their Account, thus nullifying their agreement with the Terms. No restitution of forward payed Pro membership will be made in this case.
- FlirtTracker may at all times terminate an Account should she deem the User associated with it is abusive, acts in violation of these Terms or is in any other way a threat to the operation of this service. No restitution of forward payed Pro membership will be made in this case.
- Upon Account termination — beit voluntary or due to abuse — all data associated with the Account shall be automatically removed from the Platform, no undo. User understands that after this operation, it is in no way possible for FlirtTracker to supply any data previously associated with the Account.
In addition and exception to the previous paragraph, FlirtTracker
does in extreme cases of abuse reserve the rights to:
- Permanently add the User's IP address for blocking
- Retain a copy of (parts of) the User's supplied data for possible legal action, beit by FlirtTracker, another User or a third party
- FlirtTracker may transfer all rights and obligations resulting from these Terms to a third party at any time in the future, and will notify the User should this happen. Should the User not accept the new ownership and/or not agree with additional Terms supplied by said owner, she or he is at all times permitted to terminate the Account.
- Dutch and European law is applicable to these Terms.
- Any dispute that may arise between FlirtTracker and either a User or a third party shall be submitted to the Dutch court in Amsterdam, unless jurisdiction demands it be submitted to a different court.