The following General Terms and Conditions (hereinafter referred to as “GTC“) apply to all business relationships of Rissland Marketing UG (hereinafter referred to as “smatched”) with its registered office at Kurfürsten-Anlage 52 in 69115 Heidelberg, Germany, represented by the Managing Director Alexander Rissland, via the internet presence at smatched.de (hereinafter referred to as the “Website”) and the listed apps under the name Smatched in the Google Play Store and App Store (hereinafter jointly referred to as the “Apps“).

Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed. The version valid at the time of the conclusion of the contract shall be decisive in each case.

2. Contractors

1. These TOS apply to all legal transactions between Rissland Marketing UG, hereinafter “Smatched/Rissland Marketing UG” or “we”, and its contractual partner, hereinafter “user” or “you”, that are concluded via Smatched.

2. These TOS apply regardless of whether you act as a consumer, entrepreneur or merchant. Should there be any legal particularities vis-à-vis consumers, we will point this out to you in these TOS.

3. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (Section 13 of the German Civil Code, definition under German law). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction in.

3. Procedure

The app “Smatched” gives people aged 16 and over the opportunity to create an account free of charge. After registering, they can start so-called “smatching” rounds in which they are presented with personal questions, advertising formats and surveys. In return, they receive digital points (so-called “coins”), which have no monetary value but can be exchanged for rewards.

4. Registration

Participation in certain Smatched promotions and the redemption of available points (coins) in some apps require registration. Registration is free of charge. Only natural persons with unlimited legal capacity are eligible to participate. Minors are excluded from participation. Smatched reserves the right to request a copy of an official identification document of a participant. Participation is only allowed for private purposes. Only one user account may be opened per person. The user account is not transferable.

To register, the registration form provided in the app must be filled out and submitted to Smatched by “clicking” on the registration button there (data connection required, see below). All data required for registration, including a valid e-mail address, must be provided completely and truthfully by the participant. Only then the registration process is completed and the participant is assigned his personal user account, in which he can log in in the future by entering his personal access data. If the participant’s personal details change, he is obliged to update them. The changes can be made via the personal user account.

There is no right to registration. Smatched is entitled to refuse registration without giving reasons.

Participants are free at any time to request the deletion of their registration data and user account in writing or in text form at hello@smatched.de and thus terminate their participation.

5. Technical requirements, costs

Participation in Smatched requires the installation of a Smatched App on a suitable end device of the Participant as well as the installation of any available updates (see clause 5).

Clarification: Participation is only possible with the version of the mobile app offered in the official app stores of Apple and Android. Coins collected with a non-up-to-date app version or entries in competitions are invalid and may not be taken into account (no exchange of Coins for rewards possible and no chance to win prizes in competitions).

The use of the apps in so-called emulators is explicitly excluded. Emulators are programs that simulate the behavior of an Android or Apple smartphone. Experience has shown that these emulators do not correctly display the advertisements of Smatched’s advertisers and, in addition, modified apps are often played. The use of an emulator thus constitutes a breach of the rules, which gives Smatched the right to exclude the participant and block the user account. Any Coins collected will be forfeited in this case.

The installation of the Apps and the updates as well as the use of the integrated services require Internet access including regular data transmission between the Participant’s terminal device and Smatched.

The provision and maintenance of Internet access including data transmission on the part of the Participant are not part of the Smatched Services. The connection costs incurred by the Subscriber in the course of the data transmission shall be borne by the Subscriber. The amount of these costs depends on the existing contract between the subscriber and his mobile phone provider. The scope and frequency of the data transmissions depend on the specific use by the subscriber.

The provision of the Smatched services by Rissland Marketing UG is free of charge to the participant.

6. Collecting, managing and redeeming Coins, expiration of Coins

Smatched offers subscribers in some mobile apps the opportunity to earn Coins by taking advantage of shopping offers, surveys, sweepstakes promotions, etc. to collect Coins. The participant can view and manage these coins in his personal user account and redeem them for rewards. The rewards offered in each case can only be accessed via the respective app. The dispatch of rewards can take up to 4 weeks after processing by Smatched Support in case of bottlenecks. If the use of the app is not possible, please contact hello@smatched.de.

The apps as well as the website of Rissland Marketing UG offer the participant the opportunity to interact with all possible forms of advertisements such as: Video advertising (pre-roll, mid-roll, post-roll, viral videos), advertising for other apps (so-called downloads/installs), surveys, advertising for other competitions, registrations for newsletters, test drives, product samples, etc. as well as the direct purchase of products of the advertisers (e.g. mobile phone contracts, lottery tickets, clothing, video on demand, etc.) to collect Coins.

The prerequisite for receiving coins for all forms of video advertising is that the clip is viewed in its entirety and is not technically suppressed or fast-forwarded. For surveys, the prerequisite for receiving coins is the conscientious and truthful answering of the surveys, which can be entered via smatched but also by partners. In the case of App installations, Coins will only be received if the App is installed for the first time on the device on which the Smatched App is also operated. In case of participation in competitions of Smatched’s advertisers as well as all forms of registrations (newsletter, test drives, etc.) the participant only receives Coins for the first participation / registration, whereby a further prerequisite is that all data required by the advertiser have been entered correctly and, if applicable, confirmed by e-mail (so-called double opt-in).

The participant is free to recommend the smatched app to friends and acquaintances using the Invite Friends feature. A user receives a link that he can send. The invited person downloads the smatched app and plays a complete round of smatched. Only after fulfilling this requirement, the invited person as well as the participant who invited the person will be credited with 50 coins each. However, this feature is limited to 10 invited friends. If there are any problems with the crediting, the participant can contact hello@smatched.de.

Only when the advertising customer confirms to Smatched that the participant has used the advertising measure correctly, will the participant receive the Coins. If it turns out afterwards that the above mentioned requirements were not met, e.g. because video advertising was suppressed or fast-forwarded, or false or incomplete information was given during registration, or the Participant received Coins for other reasons contrary to or without meeting the above described requirements, this can lead to the exclusion of the Participant from Smatched and to the confiscation of all Coins of the Participant without compensation.

In the case of all Coins which the participant receives as a result of the purchase of products or the conclusion of contracts, it applies that the remuneration is only paid after confirmation of the finally effective conclusion of the contract by the advertising customer and the expiry of all revocation and objection periods. A crediting of Coins can take 12 weeks in individual cases. As a rule, the crediting takes place within 30 days.

The following applies in principle: All content in the app and on the associated website has an advertising character or is advertising. The offers of Rissland Marketing UG (app and website) are advertising media. The responsibility for the proper implementation and verification of the advertising measures lies with the advertising customers of Smatched. Only if Smatched is remunerated for the use of advertising by a participant, a claim to Coins also arises. If Rissland Marketing UG is not remunerated by an advertising customer, because in the opinion of the advertising customer there was no contractual use of the advertising measure, then the participant has no claim to receive the Coins. Rissland Marketing UG is not obliged to examine the justification of objections raised by advertising customers against the remuneration and to legally enforce an alleged or actual remuneration claim against the advertising customer. The participant shall clarify any conflicting opinions regarding the advertiser’s obligation to pay remuneration with the advertiser himself. Rissland Marketing UG will endeavour to support the participant in clarifying the facts.

For certain advertising measures, special provisions apply, which will be displayed to the Participant in each case. In the relationship between Smatched and the Participant, the terms and conditions of use and participation of Smatched apply primarily. In case of use of an advertising offer by the Participant, the terms and conditions of the advertiser apply.

Coins are not transferable to third parties. Smatched expressly reserves the right to cancel Coins in the event of incorrect bookings and misuse.

Collected Coins expire 12 months after the end of the month in which the Coins were redeemed (for termination of participation, however, see section 7).

7. Competitions and raffles

a) Competitions and raffles are carried out by smatched. Partially these are offered in cooperation with advertising partners and may include advertising messages provided by advertising partners. Only Smatched and the advertising partners and sponsors explicitly named in the respective raffle are involved in raffles.
b) Only natural persons over the age of 18 who have properly registered with the respective app are eligible to participate in competitions. Employees of smatched and their relatives are excluded from participation. A full name and postal address is required to receive the prize. In order to be eligible to participate and win, it is mandatory that all personal data provided by the participant during registration is true. In case of false information Smatched is entitled to exclude the participant from the competition; an exclusion can also be declared retroactively, so that any winnings already received have to be returned to Smatched.

d) The winners will be notified by name after the conclusion of the prize draw by e-mail or In-App Message. For the purpose of processing the prize, smatched is entitled to release the name and address of the winner to the advertising partner, who in turn may release these to third parties, in particular to a carrier, for the purpose of processing the prize. This applies in the event that the competition is organised in cooperation with an advertising partner. Each participant expressly agrees to this form of publication and notification.
e) If the winner does not declare his acceptance of the prize within two weeks after Smatched has sent the notification email, the claim to the prize expires.
f) The claim to the prize is not assignable or otherwise transferable to third parties.
g) The processing of the prize takes place via Smatched or via the respective advertising partner who has provided the prize. Within the Federal Republic of Germany the shipment is at the expense of Smatched or the advertising partner, any additional costs are to be borne by the winner. If the first delivery attempt is unsuccessful, the winner has to bear the possible costs of the further delivery. If a prize cannot be delivered to the winner within four weeks after Smatched has received the declaration of acceptance of the prize, the prize will be forfeited.

If a prize is forfeited, the prize will, as far as the nature of the prize allows, e.g. in the case of non-cash prizes, either be offered again as a prize or another winner will be determined. The decision on this lies with smatched, alternatively with the advertising partner.

h) If shipping is not possible due to the nature of the prize or if the shipping costs incurred for this are disproportionate and therefore unreasonable for Smatched or the advertising partner, the winner must collect the material prize from the registered office of the respective supplier or advertising partner or arrange for transport himself; this applies in particular to motor vehicles.
i) If the prize is a trip or a service, the prize will be processed directly between the respective advertising partner or a service provider engaged by him or by smatched and the winner. If a certain date is not already given at the time of the offer, the date is reserved for smatched or the advertising partner or service provider. The winner has no right to claim a prize on a certain date; smatched or the advertising partner or the service provider will, however, make every effort to take into account the legitimate interests of the winner. With the confirmation of the date the winner is subject to the respective conditions of the executing company (e.g. travel conditions of the tour operator). The costs of travel to and from the starting point of the trip or the place of the service will be borne by the winner, unless otherwise expressly stated or agreed below. The same applies to costs incurred privately by the winner during the trip or service (e.g. minibar, telephone, etc.), unless they are expressly assumed by others.
j) The place of performance for the processing of the prize is the registered office of the respective advertising partner who has offered the prize in kind or who provides the service offered.
k) The legal process is excluded.
l) Smatched is entitled to cancel and terminate competitions and raffles at any time without prior notice and without justification, especially if due to manipulations or malfunctions in the hardware and/or software or for other technical or legal reasons a proper execution of the competition or raffle can no longer be guaranteed. If a termination has become necessary due to the culpable behaviour of a Participant, Smatched is entitled to demand compensation from this Participant for the resulting damage.

8. Obligations of the participant, updates

a) The apps of Smatched and the contents provided therein are protected by copyright and, if applicable, by trademark law and are only intended for personal non-commercial use within the framework of Smatched. Any use beyond this is not permitted without the prior consent of Smatched or the respective rights holders.
b) The use of „bot-controlled“ software, elements, apps etc. in any form is prohibited. Only the use by a natural person via a smartphone or tablet is allowed.
c) Each user may use Smatched only on one terminal device. The systematic use on several devices is prohibited.
d) The use of Smatched is only allowed in the home country of the user. The use of services such as fake GPS, VPN or similar are prohibited while using Smatched.
e) Smatched users are only allowed to create, own and operate one Smatched account.

9. Rights of use

In addition, you will be redirected to third parties who are responsible for data processing when you click on or download third-party content. This content is marked as third-party content. It may be external links in messages, apps from third parties, tasks from third parties, etc..

You are leaving our app.

10. Blocking from participation

a) In case of abuse (e.g. manipulation of scores (In-App currency “Smatched Coins”), in case of knowingly providing missinformation or in case of any other not only insignificant violation of these terms and conditions or the rules of the game, Smatched expressly reserves the right to exclude the respective participants completely or partially from the use and/or to block their user accounts. The right of blocking also exists in case of corresponding objective suspicions, for the duration of the period of time necessary for a reasonable examination of the facts. Further claims and rights remain unaffected in each case.
b) Smatched expressly reserves the right to exclude the respective participants completely or partially from the use and/or to block their user accounts if the participant violates the terms and conditions of one or multiple points under 9. rights of use.

11. Termination of participation, redemption of remaining credits

The participant is entitled to terminate his participation in Smatched at any time and without giving reasons. A termination by Smatched is possible at any time and without giving reasons with a reasonable period of notice, which allows the Participant to redeem any remaining Coins credits. The termination can be declared in each case by written declaration or declaration in text form (e.g. by e-mail).

In the event of termination, the participant’s user account will be deactivated. Any remaining credits can only be redeemed until the time of termination. The participant is advised to check their points balance accordingly and redeem any remaining credits before termination.

The right to extraordinary termination without notice for good cause remains unaffected on both sides.

12. Amendment of these Conditions

The participant will be notified in advance of any changes to these terms and conditions of use and participation in writing or in text form (e.g. by e-mail). If the participant does not object to these changes within four weeks of receipt of the notification, the changes are deemed to have been approved by the participant. The participant will be informed of the right to object and the consequences of silence in the notification of change. In the event of an objection by the participant to the notified changes, the participant shall have the right to terminate participation in due time.

11. Final Provisions

The law of the Federal Republic of Germany shall apply, unless mandatory international consumer protection law is opposed.

The place of jurisdiction is Heidelberg.

Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.

Rissland Marketing UG (limited liability)

Kurfürsten-Anlage 52, 69115 Heidelberg, Germany

Email: hello@smatched.de

Status: 09.11.2022

Status: 28th of July 2022

ToC

1. Scope