Last updated on 24th August 2016.
Welcome to FirstHello, operated by Firsthello GmbH.
In order to use FirstHello we need to lay down the legal ground rules that define what you can and cannot do on Firsthello. The following provisions represent our legal rules. If you don’t agree with them, please don’t use FirstHello. If you’re unsure or have a question about any of these points feel free to send us an email at firstname.lastname@example.org.
“Firsthello GmbH” or “Company”: Firsthello Gesellschaft mit beschränkter Haftung. (Equivalent to: Firsthello company with limited liability).
“FirstHello”: The FirstHello app, available on the Apple App Store.
“firsthello.com”: The website, www.firsthello.com.
“Admin”: The FirstHello app administration.
“User” or “Users”: A user or users of the FirstHello app.
“FIRSTHELLO”: The message that one FirstHello user sends to another FirstHello user in order to initiate a chat, which takes place within the FirstHello app.
“Services”: All services offered by the FirstHello app and/or the firsthello.com website to the registered and approved FirstHello user.
No part of FirstHello is directed to persons under the age of 18. You must be at least 18 years of age to access and use FirstHello. Any use of the Services is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
FirstHello provides a platform on which Users can make contact and interact with other Users.
All and any communication between Users is done so independently of Firsthello GmbH. Therefore Firsthello GmbH is not responsible for, or party to, any agreements or activities that are mutually entered into between interacting Users. Furthermore, Users agree to hold and fully indemnify Firsthello GmbH against any consequences that arise from discussions or agreements that take place on FirstHello with other Users.
Admin will undertake all reasonable efforts to ensure continual operation of FirstHello. However, the availability of FirstHello or firsthello.com cannot be fully guaranteed. Interruptions to Services may be necessary due to essential maintenance, upgrading of particular services, security work, or fixes. Interruptions may also be due to events or reasons that are outside the control of Admin, such as power failures, public communication network disruptions, Acts of God or legal impediments. Firsthello GmbH shall not be held liable for any interruption to its Services.
In order to use FirstHello, individuals must first sign up to FirstHello. In doing so, the individual creates a FirstHello account which is uniquely associated to him or her. Users must sign up with an email address that only they can individually access. (This means that the email address must not be used by two or more people). It is entirely the responsibility of the User to choose secure passwords and to keep these log in details private. If someone else logs in to another user’s FirstHello account, Firsthello GmbH is not responsible for any resulting consequences. If a User realises that their log in details have been compromised or are being used by a third party, they should immediately inform Admin via the email address, email@example.com. Users can nevertheless change their password at any time from within their account; Admin recommends doing this on a regular basis for an added level of security.
Users agree that the information they enter into their FirstHello account is honest and true, and is kept up-to-date.
Users are aware that much of the information they share in their profile is visible to other Users. Any consequences that may arise from a User’s own decision to share certain information with other Users is entirely that User’s responsibility. Users therefore fully indemnify FirstHello GmbH for consequences that may occur in these cases.
Admin reserves the right to refuse registration for any or no reason. Admin also reserves the right to disable multiple accounts that are found to be operated by a single individual or group of individuals. Furthermore, FirstHello accounts are non-transferrable to other users.
Users have the right and the means at any time (via FirstHello) to delete their FirstHello accounts.
6) USER CODE OF CONDUCT
Users are part of the FirstHello community which has some strict guidelines that have to be followed:
No defamatory content shall be made to other Users, nor to any other person, group, third party, or other body.
No spam or promotions.
No under 18 year olds.
No unpleasant, pornographic or socially unacceptable photos to be sent between FirstHello users.
No viruses intended to ruin or harm FirstHello or firsthello.com.
No displaying of any personal contact details or confidential details on the FirstHello public user profiles. (It is really unwise to show your phone number, your real name, your home address, your bank details, your social media contact details and any other confidential details to the world before you even make contact).
Be kind and pleasant. FirstHello does not allow racism, sexism, criminal discussions, harassment, nor any other form of prejudiced views being voiced or discussed.
Common sense rules apply. This means, treat Firsthello like a real-life place with normal face-to-face interactions with other people. Don’t write, post or send things on FirstHello that you wouldn’t say to a person directly.
7) PERSONAL DATA
The Company treats users’ personal information with care and a number of security mechanisms are in place to protect this data. However, if an advanced hack takes place that breaches FirstHello’s defences then the Company cannot take responsibility for users’ data.
If the FirstHello GmbH merges with or gets bought out by another company, then FirstHello GmbH will need to supply the new owners with Users’ personal information.
If the Company has reason to believe that a User is participating in illegal actions, or the Company is informed of illegal actions taking place by a user or users on FirstHello, then the Company will pass the FirstHello user’s data to the relevant authorities.
The Company reserves the right to terminate any FirstHello user account that has shown no activity over a 6-month timeframe. Under this scenario, a User can, if they choose, always sign up again to FirstHello.
The Company also reserves the right to terminate any FirstHello user account that has received complaints from other Users.
In relation to the contents of FirstHello and its Services, Firsthello GmbH will not be liable to Users whether under contract law, the law of torts or otherwise. This includes any direct, indirect or consequential losses; any business losses, loss of income, revenues, profits, business relationships or contracts, reputational losses or data corruption; any emotional distress, bodily harm, death, or any other harm resulting from interacting or meeting individuals through FirstHello.
FirstHello operates on your phone. This might lead to adverse noticeable effects or costs such as a quicker battery consumption or perhaps paying for internet connection when away from Wi-Fi. The Company is not responsible for any of these effects. FirstHello users should check their mobile phone contract for details related to network charges.
10) INTELLECTUAL PROPERTY
All content created by FirstHello GmbH, such as the logo, the design, the app contents, the icons and other visual content which are shown in FirstHello and firsthello.com, and in any marketing material, is the property of Firsthello GmbH and is protected by copyright laws. You are not allowed to copy this and use it elsewhere.
Likewise, the information that FirstHello users post on their own profiles are not allowed to break any copyright laws. This includes copying the contents of another FirstHello user’s profile.
11) GOVERNING LAW
12) LINKS TO OTHER WEBSITES
FirstHello allows users to post information to other FirstHello users both publically via a user’s own FirstHello profile, but also on a one-to-one basis in the form chats with other FirstHello users. This means that FirstHello users may sometimes post links or references to other third party websites. Likewise, FirstHello may also sometimes reference other third party websites in certain communication. In all of these situations the Company is not responsible for the content on these third party websites and consequently it is entirely the responsibility of the user to read these websites’ terms and conditions and privacy policies before using these websites.
13) CONTENT DISCLAIMER
At the time of publication, all content on FirstHello and firsthello.com is deemed accurate and up-to-date to the best of the Company’s knowledge. Furthermore, the Company makes no claim as to the level of completeness of FirstHello and firsthello.com.
FirstHello GmbH is not responsible for the accuracy and opinions expressed by FirstHello users, both in their own public profile, but also in their one-to-one chats with other FirstHello users.