Terms of Service

1. Scope

These Terms of Service (hereinafter “Terms”) govern the use of the Vibecheck application and the associated services (collectively, “Service”) between the provider Nikita Lemke (hereinafter “Provider”) and you as the user. Contact details of the Provider can be found in the Imprint.

2. Conclusion of contract

The contract for the use of the Service is concluded upon registration of an account and acceptance of these Terms.

3. Description of services

Vibecheck is an application that allows users to connect with other people, chat, and interact in real time. The Provider supplies the technical infrastructure. Content is provided exclusively by the users.

Chats before a match (roulette and pre-match private chat) are stored on the Provider’s server in plaintext and are moderated as described in section 6. Chats after a match (Safespace) are end-to-end encrypted. The Provider cannot read them. Details are set out in the App Privacy Policy.

4. Minimum age

The Service is intended exclusively for persons aged 18 and older. By registering, you confirm that you have reached this age. Accounts of minors will be deleted as soon as the Provider becomes aware of them.

5. User obligations

You agree not to misuse the Service. In particular, the following is prohibited:

• Distribution of illegal, offensive, discriminatory, violent, or pornographic content
• Any content that sexualizes, endangers, or exploits minors
• Harassment, bullying, threats, or unsolicited sexual content directed at other users
• Impersonating other persons or sharing other people’s personal data or images without their consent
• Spam, scams, and commercial advertising without the Provider’s consent
• Creating multiple accounts for deceptive purposes or to evade a restriction or ban, including deleting and re-creating an account
• Automated access (scraping, bots) without authorization
• Reverse engineering, decompilation, or circumventing security mechanisms

6. Moderation, reports and appeals

6.1 Content moderation. To enforce section 5 and to protect users against illegal content, the Provider uses the following procedures (Art. 14 of the Digital Services Act, “DSA”):

• Automated content filter: messages in chats before a match are automatically compared with a list of prohibited terms and patterns. Depending on the rule, a message is either blocked (not delivered, and the sender is notified) or flagged (delivered, but reviewed by a moderator). Names and nicknames are checked in the same way.
• Automated photo scanning: photos in profiles and identities and photos sent in chats before a match are automatically scanned for nudity. Chat photos are only delivered to the recipient after they have been approved. Photos that are flagged or cannot be analyzed are held back until a moderator has reviewed them.
• Human moderation: reports and flagged content are reviewed by the Provider’s moderation team. For this purpose, authorized moderators can open chats before a match. Every access is logged. End-to-end encrypted chats after a match are not checked automatically. Reports concerning them are reviewed on the basis of the information provided in the report.

6.2 Measures. Depending on the severity and frequency of a violation, the Provider may take the following measures: blocking or removing individual content, withholding photos, recording a strike, temporarily restricting the account (no new matches, messages, identities or photo uploads, and no visibility in matching, while access to the account and its history is kept), temporarily banning the account, or permanently banning the account, including the device used. Automated measures are always temporary or reversible: automatic bans are limited to 7 or 30 days, including the automatic 7-day ban when a banned device is used for a new account. Permanent bans are only imposed by a human. If an account is deleted while a ban is active and the same Google account signs up again, the original ban continues to apply. Reports from users whose reports have repeatedly proved to be unfounded no longer trigger automatic measures.

6.3 Reporting content. Every profile, identity, message, and photo can be reported directly in the app. Anyone, including persons without an account, can also report content they consider illegal by e-mail to support@onedayvibes.com (Art. 16 DSA). The report should contain: a sufficiently substantiated explanation of why the content is illegal, the most precise location possible (for example the nickname of the identity and the time of the message), your name and e-mail address (not required for reports of child sexual abuse), and a statement that the report is made in good faith and is accurate and complete to the best of your knowledge. The Provider confirms receipt, decides on the report in a timely, diligent, non-arbitrary and objective manner, and informs you of the decision if you have provided contact details. If a person repeatedly submits manifestly unfounded reports, the Provider may, after a prior warning, stop processing their reports for a reasonable period (Art. 23 DSA).

6.4 Statement of reasons. If the Provider restricts your content or your account, you are informed in the app of the measure taken, the reason (the violated rule of these Terms or the illegality of the content), where applicable its duration, whether the decision was made automatically or by a moderator, and your options for redress (Art. 17 DSA). This does not apply where the Provider is prohibited by law or by an order of an authority from informing you.

6.5 Appeals. You can appeal against every restriction and every ban directly in the app. Each decision can have one open appeal at a time. Appeals are reviewed by a human and not solely by automated means. If the appeal is upheld, the measure is lifted immediately. You receive the result in the app and by push notification. If you have reported content, you can object to the Provider’s decision on your report by e-mail to support@onedayvibes.com.

6.6 Further redress. Your right to take legal action before the courts remains unaffected. You can also lodge a complaint with the competent Digital Services Coordinator. In Germany, this is the Bundesnetzagentur (Art. 53 DSA).

6.7 Reports to authorities. If the Provider becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of a person, the Provider informs the competent law enforcement authorities (Art. 18 DSA). Confirmed child sexual abuse material is reported to the competent authorities and to the National Center for Missing & Exploited Children (NCMEC). See our Child Safety Standards.

7. Fees

Basic use of the Service is free of charge (VIBE FREE tier). Optional paid subscription tiers (VIBE+ and VIBE PRO) unlock additional features and are purchased, billed, and managed as auto-renewing in-app subscriptions through the Google Play Store or Apple App Store. Pricing, billing cycles, and cancellation are handled by the respective store. You can cancel at any time via your store account settings, with the subscription remaining active until the end of the current billing period. Deleting your Vibecheck account does not cancel a store subscription. As these are digital services which begin immediately with your consent, the statutory right of withdrawal expires once performance has started, in accordance with the respective store’s terms.

In addition, you can buy Sparks packs and a one-time starter pack (Sparks plus a Vibi item that is only available in this pack) as one-time in-app purchases through the Google Play Store. The starter pack can only be bought once per account. The price shown by Google Play before you complete the purchase applies. Payment is processed by Google Play. In the desktop app, Sparks cannot be bought. The Sparks and items you buy are digital content that is credited to your account immediately after the purchase. If you expressly agree when buying that performance begins immediately and confirm that you know you thereby lose your right of withdrawal, the statutory right of withdrawal expires when the Sparks are credited (§ 356 (5) BGB). Refunds are otherwise handled by Google Play in accordance with its terms.

8. Sparks and Vibi items

8.1 Sparks. The app has a virtual currency called “Sparks”. You can buy Sparks (see section 7) and collect them in the app, for example through the daily reward, conversations, matches, revealing your profile, a monthly bonus while a paid subscription is active, and by voluntarily watching short ad clips (“Vibi-TV”). A clip is only shown when you start it yourself, and the number of clips per day is limited. How and how many Sparks you receive is shown in the app. Bought Sparks do not expire as long as your account exists. Sparks have no monetary value. They are not legal tender, cannot be exchanged back into money or other goods or services, and are not paid out, not even when the contract ends. Sparks cannot be transferred to other users or accounts, sold or traded.

8.2 Vibi items and looks. With Sparks you can acquire cosmetic items for your Vibi (for example hats, glasses or patterns). Every item has a fixed price in Sparks. There are no random rewards. Items are also offered as looks, which are sets of several items. If at least two items of a look are missing from your collection, you get the missing items together at the discount shown. Items you already own are not charged again. Some items are only available through the starter pack. They cannot be bought with Sparks or given as gifts. By acquiring an item, you obtain a simple, non-transferable right, limited to the term of the contract, to use this cosmetic content within the app. You do not acquire ownership of the item or any other rights to it. Your outfit is visible to other users who see your Vibi.

8.3 Gifts. Items can only be passed on to other users through the in-app gift feature. The Sparks for a gift are deducted from the sender when it is sent. The recipient can accept or decline the gift. If it is declined or not accepted within 7 days, the sender gets the Sparks back. Apart from this, Sparks and items cannot be transferred.

8.4 Changes to the range of items. The Provider may change the range of items and looks, their prices in Sparks and their availability (for example items that are only available for a limited time), the Sparks packs on offer, as well as how and how many Sparks are awarded, at any time with effect for the future. Sparks and items you already own remain unaffected.

8.5 Corrections, refunds and abuse. If Sparks or items are credited in error, as a result of a technical fault or through abuse (for example exploiting errors, manipulation or using multiple accounts), the Provider may correct the balance and remove the items concerned. If a purchase of Sparks or of the starter pack is refunded, cancelled or charged back (for example through Google Play), the Provider removes the Sparks and items granted with it. If you have already spent some of these Sparks, your balance is reduced as far as possible. It never becomes negative. In the event of abuse, the Provider may also take measures under section 6.

8.6 End of the contract. When your account is deleted or the contract ends in any other way, all Sparks and items lapse without replacement. This also applies to bought Sparks that you have not yet spent. You are not entitled to compensation or a refund for them. If you still have bought Sparks, spend them before you delete your account.

9. Liability

The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the provisions of the Product Liability Act. For slight negligence, the Provider is only liable in the event of a breach of material contractual obligations and limited to foreseeable, contract-typical damage. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

10. Availability

We strive for the highest possible availability of the Service but do not guarantee uninterrupted accessibility. Maintenance windows and short-term outages are possible.

11. Termination

You can terminate the contract at any time by deleting your account. The Provider can terminate the contract with four weeks’ notice. The right to terminate for good cause remains unaffected. Good cause exists in particular in the event of repeated or serious violations of these Terms. In such cases, the Provider may ban or delete the account without prior notice (see section 6). Paid subscriptions already purchased remain unaffected until the end of the current billing period, unless the Provider terminates for good cause. What happens to Sparks and items when the contract ends is set out in section 8.6. If the Provider terminates the contract with notice, you can keep using your Sparks until the contract ends.

12. Changes to the Terms

The Provider may propose changes to these Terms for the future, in particular if the legal situation changes, if new features are introduced, or if this is necessary for security reasons. You will be informed of the proposed changes in the app or by e-mail at least four weeks before they are to take effect. The changes only take effect if you expressly accept them (for example by confirming them in the app). Your silence or your continued use of the Service is not deemed acceptance. If you do not accept the changes, the contract continues under the previous Terms. In that case, the Provider may terminate the contract in accordance with section 11.

13. Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

14. Final provisions

If individual provisions of these Terms are invalid, the validity of the remaining provisions shall remain unaffected.

Contact: support@onedayvibes.com