App Terms and Conditions

We believe in full transparency and want you to have all the information about our app, even before you start using it. If you have any questions about our terms of conditions or if there is anything that’s unclear, feel free to send us an email to business@create-xperience.com. We’re happy to answer your questions and will try to provide you with even more information about our app and service.

1 - About Xperience

Xperience is a social media app and lifestyle platform that serves the purpose of matchmaking, finding new friends online as well as friendship building. Through events and activities (“Xperiences”), users can meet new people and share their own ideas for activities on the platform with other users. Through their profile, the built-in chat and sharing pictures, users can share their best moments with old and new friends, build long-term friendships and stay in touch.  

Through our Xperience Professionals (“Professionals”), users can find commercial events nearby, purchase tickets, communicate with event organizers and participate in unique events. Our Xperience Associates (“Associates”) allow users to find leisure time activities and, in particular, offers from hospitality businesses in their area, which are recommended by us, and to receive different discounts from them depending on availability. Users can also easily set one of our Associates as the location for their own Xperiences in the app.  

(Subsequently referred to as “Services” or “App”).

2 - General Terms

By creating an account and using the App, you enter into a contractual relationship with Xperience App & Lifestyle GmbH in establishment, Am grünen Prater 8/11, 1020 Vienna, Austria (hereinafter also referred to as “we”, “us” or “Xperience”) regarding the use of the Services and agree to these Terms of Use. These Terms of Use apply to all contractual relationships between us and our users regarding the Services offered by us within the App “Xperience”. By accepting these Terms of Use and using the App, you also accept our Privacy Policy.  

These Terms of Use may be amended, modified, or replaced by us at any time. We will expressly point this out to you. The amended Terms of Use shall apply to the subsequent use. If you do not agree with the amended Terms of Use, you can withdraw from further use at any time by deleting your account and uninstalling the App. 

Only persons over the age of 16 (sixteen) are authorized to use the Services. We also point out that when purchasing tickets using our Services, the age required for the purchase as well as the activity itself and the associated legal capacity must be given in each case.

We are authorized to change the scope and content of our Services at any time and to amend the contract with you. Such changes may arise, for example, due to changes in the legal situation, our Services, or our business operations. We will inform you in good time in advance of any significant changes. If you do not agree with the changes, you can terminate your contractual relationship with us at any time by permanently deleting your account in the settings of the App. 

We do not guarantee 24/7 availability of our Services. However, we try to ensure that our Services are available as much as possible on a permanent basis. In particular, due to maintenance work, capacity limits, security incidents or events beyond our control (e.g., power outages or failures of the telecommunications network), there may be disruptions or temporary unavailability of our Services.

Xperience has the right to monitor and review all content. We reserve the right to terminate your account at any time and without prior notice and to refuse to create a new account. This applies in particular if you violate general provisions of these Terms of Use, the Rules of Conduct (see point 5.) and/or laws. With the deletion of your account, the contractual relationship is also terminated. At our discretion, we may also temporarily suspend your account instead of terminating it.

In addition, we are entitled to partially or completely delete or (temporarily) ban content that (potentially) violates the Rules of Conduct (see point 5.), third party rights and/or laws.

3 - Ticket purchase

We allow professional service providers (“Professionals”) to list events on our Services and sell tickets for them. Users can purchase and pay for tickets for such events directly through the App. We act solely as an intermediary in the sale of tickets for such events. The contract is therefore only concluded between you and the respective Professional. We are neither a contractual partner nor a representative of either of the two contracting parties. Therefore, the general terms and conditions or other conditions on which the contractual services are based by the respective Professional are applicable to these contracts. If you wish to withdraw from a contract concluded in this way or assert other rights, please contact the respective Professional directly. 

4 - License

We grant you a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use our Services solely in accordance with these Terms of Use. Any violation of these Terms of Use will terminate this license.  

By using our Services, you grant us a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to store, use, reproduce, modify, distribute, and publish the content you provide to us through our Services (or content to which you provide us access through third parties) without any further consent from you. 

However, we will not use your content to promote our products or Services, Professionals’ events, or Associates’ offerings without your consent. This does not include, for example, displaying advertisements next to your content or indicating that you have participated in certain events or visited certain businesses. If we edit content from you, we will not change the sense of the content.

You may revoke this license at any time for individual content by deleting the respective content or revoke the license in its entirety by deleting your account. However, this revocation does not affect any use of your content that has already been made on the basis of this license. For technical reasons, it may not be possible to delete the content immediately, which is why we reserve a reasonable period of time for deleting the content. In addition, content will not be deleted for as long as this is inadmissible due to legal obligations or an order of a court or an administrative authority (for more details, please also refer to our Privacy Policy).

5 - Rules of conduct

When using our Services, you agree to abide by the following rules:

·       You will use our Services solely in the manner and for the purposes intended by us (see in particular the description under Section 1.). 

·       You use your account only for private, non-commercial purposes. In particular, the organization of activities for own- or third-party profit is prohibited. This does not include joint participation of paid activities with third party service providers (e.g., theater, cinema, or restaurant visit) or other costs necessary for the activity (e.g., pool table or bowling alley rental, pedal boat fee, etc.). For commercial purposes, a Professional or Associate account is required. 

·       You do not create, arrange, advertise, or organize any Xperiences that are (potentially) dangerous or pose risks in any form whatsoever for physical or mental health or for other damage, in particular damage to property. 

·       You create your account under your own first and last name and do not leave this account to a third party, either permanently or for a short period of time. You also do not share your password for your account with third parties. 

·       You may not develop or use any technical tools (software or hardware), such as bots, spiders, or crawlers, to download or copy any proprietary content from our Services or to access and reproduce the structure of the App and its content in any form (including reverse engineering).  

·       You may only use our Services in a manner that does not interfere with or disrupt those Services, the App, our servers, and networks. You may not take any action that could compromise the operation, security, or appearance of our Services, including, without limitation, uploading viruses or other malware. 

·       You must not bypass or circumvent any security measures or access restrictions. 

·       All content and information you provide about yourself in our Services must be accurate. 

·       You will be respectful, friendly, and courteous at all times when communicating with other users and staff of Xperience and in the context of your content, contributions and posts and will refrain from any insults as well as all forms of stalking, bullying, harassment, or defamation. 

·       You must not infringe the rights of third parties. This applies in particular to intellectual property rights, personal rights, and the right to data protection. In particular, copyrighted material, such as images and other intellectual property, such as trademarks or trade names, may not be copied, modified, published, edited, reproduced, or otherwise unlawfully used without the consent of the respective rights holder (such as Xperience or other App users).  

·       You may not make any unlawful or immoral, misleading, discriminatory, or fraudulent statements or post any unlawful or immoral, misleading, discriminatory, or fraudulent content or take any with regard to such content. In particular, hate speech as well as sexually explicit, sexist, offensive, pornographic, racist, homophobic, and national socialist content is prohibited. You may not incite violence or post content that promotes the aforementioned content. 

6 - Liability

We are liable for damages caused by the use of the App only in the case of intent or gross negligence, except personal injury. 

By accepting these Terms of Use, you represent that you understand and agree that Xperience is not responsible for controlling, reviewing, preparing for, or conducting Xperiences and other activities, even if offered, arranged, advertised, and completed by the actual organizer through the App. You understand that activities, events, Xperiences and other events in which you participate involve certain and potentially significant risks, including, without limitation, risks of injury or property damage. By accepting these Terms of Use, you agree to Xperience’s exclusion of liability, to the fullest extent permitted by law, for all known and unknown risks associated with such activities, and expressly agree that you voluntarily assume such risks yourself. Therefore, we shall not be liable for any damages in the course of any Xperience created, organized, or hosted by you or any other user, Professional or Associate. 

We are not liable for the content of third parties, especially other App users, Professionals or Associates. Please let us know if you think that content displayed in our App violates laws, these Terms of Use in general or the Rules of Conduct (see Section 5.), or infringes your or third parties’ rights, so that we can review it and immediately ban or delete it if necessary. 

We have no influence on the content and quality of the events organized by Professionals or the services offered by Associates and therefore, regardless of whether a ticket purchase in this regard was arranged by us or not, we also assume no liability, warranty, or guarantee in this regard.

We are not responsible or liable for links (such as in advertisements) or the content or availability of linked sites and content. 

7 - Recommendations

The information and data provided by you and other users (such as previous participations, place of residence, and location) may be used to provide you with recommendations about people, posts, events, and other content on the Services and/or in your area that may be of interest to you. These suggestions and location usage can be disabled at any time in the App’s settings (see our Privacy Policy for details).

8 - Advertisement

In exchange for using our Services for free, you agree that we, either on our own or through external partners (e.g., Google), may place advertisements in the App. 

9 - Privacy and data protection

If we transfer personal data of our users to you (e.g., by displaying content, contributions, posts, or messages), you undertake to respect their right to data protection and to transfer data to third countries only if they guarantee an adequate level of data protection, you have concluded appropriate standard contractual clauses with the recipient or data protection is ensured by binding corporate rules or other appropriate guarantees.

For more information on how Xperience processes your personal data within the App, please also refer to our Privacy Policy

10 - Applicable law and place of jurisdiction

All contractual relationships concluded under these Terms of Use shall be governed by Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers with habitual residence in the EU also benefit from the protection of the mandatory provisions of the law of the state of their habitual residence. 

The court with local and substantive jurisdiction for the registered office of Xperience shall be the sole place of jurisdiction for all disputes arising directly or indirectly from or in connection with a contractual relationship subject to these Terms of Use. Consumers with habitual residence in the EU may also bring actions before the court having jurisdiction over the place where the consumer is domiciled.

We draw your attention to the online dispute resolution platform of the European Commission, which you can access at the following link: https://ec.europa.eu/consumers/odr/

However, we do not participate in dispute resolution proceedings before a consumer arbitration board. 

11 - Final provisions

If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions. The contracting parties shall replace the legally invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in terms of content and purpose. 

We are entitled to assign our rights and obligations under the contract with you in whole or in part to third parties. 

Version: 02 August 2021