Please read these Conditions of Use carefully before using the breeze.social website and the Breeze (mobile) application (iOS/ Android application) operated by Breeze Social BV ("us", "we", or "our").

1. Definitions

The following definitions apply to these Conditions of Use:

  1. Service Provider: natural or legal person who offers an App through which Service Provider offers (access to) digital content and/or services (at a distance);

  2. Service: online platform, the (access to) digital content and/or services (at a distance) offered by the Service Provider available through its’ Website and App;

  3. App: (mobile) application through which (part of) the Service can be accessed and which is available at the Apple App Store and Google Play Store;

  4. Website: the collection of web pages and related content that is accessible through breeze.social and breeze.dating;

  5. User: person who makes use of the Service and/or App;

  6. Account: personal information related to the User which the Service Provider collects to offer its Service;

  7. Profile: personal information related to the User which is displayed to other users of the Service;

  8. Voucher: digitally offered form of value offered to a User that may be exchanged for goods or services of the Service Provider, or be reimbursed to money at the Service Providers terms.

  9. Terms & Conditions: the (general) terms and conditions of the Service Provider for sale and delivery which complements these Conditions of Use and can be accessed via breeze.social/terms-conditions;

  10. Conditions of Use: terms and conditions of use as set out in this document;

  11. Privacy Policy: Privacy Policy which complements these Conditions of Use and can be accessed at breeze.social/privacy-policy.

2. Applicability Conditions of Use

  1. The Conditions of Use apply to all users of the Service. By using the Service, the User declares to be bound by the Conditions of Use.

  2. If the User is a customer, supplier, or another counterparty of Service Provider, then these Conditions of Use apply as a supplement to the Terms & Conditions of Service Provider that have been declared applicable to that agreement.

  3. In the situation where the Conditions of Use and the Privacy Policy conflict, the Conditions of Use shall prevail to the extent required to resolve such a conflict.

  4. The Conditions of Use may be amended by the Service Provider at any time. The applicable version is the one applicable at the time of the User’s access or use of the Service. In case we make changes that, in our sole discretion, are significantly substantive the User will be noticed, for example, via an email to your Account’s email address or by posting a notice within the App.

3. Use of the Service

  1. Before you can use our awesome App, you will need to register for an Account. In order to create an Account the User must:

    • be at least 18 years old;
    • not have any unspent conviction relating to assault, violence, sexual misconduct, or harassment; and
    • be legally permitted to use the App by the laws of your home country.

    By using the Service, the User confirms that these conditions do not apply. We will be entitled to enforce these conditions by for example deleting or banning your Account.

  2. The right of use is personal. In order to log on to the Service, the User will be sent a validation code to the phone number connected to their Account. The User guarantees that they will not provide access to others.

  3. Service Provider only provides a temporary right of use to the Service. Service Provider determines who uses the Service and for how long. There is no enforceable right of use for the User.

  4. The use of the Service will not be used for any other purpose other than that for which access has been granted.

  5. Use of the Service is entirely at your own expense and risk.

  6. The User will respect copyrighted works of the Service Provider, other users, and/or third parties, i.e. will not copy, reproduce, (sub)license, or exploit them, without the explicit written permission of Service Provider.

  7. If the User knows or suspects that the mobile phone or email address connected to their Account may be compromised, stolen, or accessible to others, the User must notify the Service Provider immediately.

  8. The User is not permitted to use the Service to post, reproduce, distribute or publish data or information that is contrary to the law, or good morals, or that has been obtained unlawfully, or in such a way that it infringes the rights of third parties, such as intellectual property rights.

  9. The User indemnifies Service Provider against any claims by User or third parties due to violation of the provisions of this article.

4. How does the App work

  1. You can create an Account on our App, by entering and verifying your phone number. Your account is created once you have entered and validated your phone number, which also means that you agree with the fact that we may contact you through your phone number if needed.

  2. You can finish creating your account by walking through the account creation steps in the App. Once finished you will always have the possibility to alter certain information through the “Settings” page and the “Profile” page. Make sure that your content meets the requirements set in the Content section below.

  3. Having your Account set on “active” means that you will be sent potential matches in rounds but this also means other users will be shown your Profile.

  4. You can choose the option “Not for me” which means you don’t want to be matched with that user or “I’ll go for a drink” or “I’ll go for a walk” which means you want to be matched to that user and also go on a date. In case the other user also responds “I’ll go for a drink” or “I’ll go for a walk” when receiving your Profile, there is a match.

  5. To plan the date you will be asked to provide your availability in the App. If you have done so and the day and time are set, the date is planned. Only once you have paid for the date (as explained in the Purchases section of the Terms & Conditions) you confirm that you will be attending the date.

5. Canceling or rescheduling a planned date

  1. You can cancel or move a planned date on the page with your match in the App.

  2. Rescheduling (or “Replanning”) a date:

    • With replanning the date we imply that you, for whatever reason, decide to change the date, time, or location prior to the date. This is free of charge.
    • If you would like to replan the date less than 3 hours before the moment the date will take place, you can only do so by calling us directly. Our contact details are available on our Website and App. This is done such that we can notify your match directly and make sure they won’t be waiting for you at the date location.
  3. Canceling a date:

    • Our service cannot work if people cancel dates too easily. When you like a profile, we expect that you have the intention to meet in real life in case it turns into a match. Of course it's possible that something happens which makes you unable to go on the date. In that case, you can cancel the date by clicking the icon on the top right corner of your match screen. Cancels are categorized as a valid or invalid cancel. Canceling too often without a good reason can result in the blocking of your account, which is determined at the Service Providers’ discretion.
  4. Canceling a date with a valid reason:

    • If you cancel a date with a valid reason and more than 1 day (24 hours) before the date would take place, the date can be canceled within our free cancelation period. This means you will receive a Voucher excluding the direct transaction costs for the payment. This Voucher can be used to pay for any future dates and be paid out within 4 months of receiving the Voucher. When requesting a pay out, you will also pay transaction costs for paying you out.
    • If you cancel a date with a valid reason and less than 1 day (24 hours) before the date would take place, you cancel the date outside of our free cancelation period. This means you will receive a Voucher excluding the direct transaction costs for the payment and our service fee. This is because we’ve already made the arrangements for the date. This refund will be placed on your balance. If you would like to get reimbursed, you can do so in the app. For this reimbursement you will also pay transaction costs.
  5. Canceling a date with an invalid reason

    • If you cancel with an invalid reason, you won’t get a refund and you will get a warning. If you have been warned once and you cancel a date again with an invalid reason, we may block your Account at our own discretion.
  6. If your date gets canceled

    • If your date gets canceled either by your match or due to a mistake made by Breeze you will get your purchase refunded. This means you will receive a Voucher excluding the transaction costs for the payment. This Voucher can be used to pay for any future dates and be paid out within 4 months of receiving the Voucher. When requesting a pay out, you won’t have to pay transaction costs for paying you out.
  7. We are allowed to cancel or replan dates for whatever reason we deem necessary. We will let you know about these changes well in advance.

  8. Vouchers

    • In order to minimize transactions that go back and forth, we give out Vouchers as refunds. The sum of the Vouchers which can be paid out are presented as “balance” in the App. The Vouchers can be used to pay for your next date, hence saving you transaction costs. You remain the option to let the Voucher be refunded for 4 months after it has been provided, depending on the type of cancellation on which the Voucher was provided you may need to pay the transaction costs to pay you out. After these 4 months, the Voucher becomes sealed and cannot be paid out and only be used to pay for a date. Sealed vouchers are presented as “date credit” in the App.

6. Walk and Talk dates

Due to the current Corona pandemic, the Service Provider is offering Corona responsible dates. These are aimed at still giving you the possibility to meet your matches in real life and doing so responsibly. To make sure these dates stay safe, please keep to the guidelines in the app. We have tried to make them as concrete as possible and keeping to them means a better experience for you and for your match.. Having said that, we trust that you can use your common sense during the date as we cannot control what happens from that point on. We are not responsible for anything that happens on the date and trust that you can make the appropriate call to reach out to us through the Helpdesk chat or the relevant authorities when needed.

7. Deleting the app

We hope you will enjoy using the App and will actually go on dates. But if you decide that you want to delete your Account you can do so at any time by clicking on “delete account” on your account overview page. After providing us with the reason for deletion, we will then anonymize your personal data as explained in our Privacy Policy. The retention period may vary from case to case, but we will only retain data that is necessary to comply with our legal obligations.

Please note: Just deleting the app does not mean that your account is deleted.

8. Confidentiality and technology

  1. The Service Provider shall ensure that appropriate technical and organizational measures are taken to secure the Service and the data in/on/of the Service and to make them available only in an authorized manner. The Service Provider does not guarantee that the Service is permanently available. The Service Provider reserves the right to interrupt the provision of the Service, if Service Provider considers it necessary at that time and for that period. If possible, the Service Provider will notify the User of this in advance.

  2. If the User discovers a security breach in the Service or becomes aware of the (possible) existence of a security breach in the Service, the User will notify Service Provider thereof immediately by email.

  3. The User is responsible for the proper use and security of his/her hardware, browser and other software and the login details.

  4. The Service Provider engages third parties for the provision of the Service. If and in so far as an engaged third party requires access to the Services and any date of user, User consents to the processing of its data. User hereby gives, in advance, permission to the Service Provider and the aforementioned third parties involved by the Service Provider to process all data provided.

9. Liability

  1. The Service Provider is liable towards the User only for defects concerning the Service of whatever nature, insofar as these are the result of intent or equivalent gross negligence on the part of the Service Provider.

  2. In addition, any liability of the Service Provider for loss due to delay and/or consequential damage, such as loss of business, loss of profit and loss resulting from claims of third parties against the User, or any other form of indirect loss, is expressly excluded.

  3. The Service Provider shall not be liable for non-, incomplete or incorrect compliance with the Conditions of use by its users and/or third parties.

  4. In the event that the Terms & Conditions of the Service Provider apply, the liability provisions of those terms and conditions shall prevail for the User.

10. Content

  1. In the Service, information can be placed by other users of the Service and by third parties. The Service Provider is not responsible for the accuracy and/or completeness of that information. If the information (also) consists of software, then its use is at the risk of the User. The User understands that it is not possible for the Service Provider to verify the information, including any software.

  2. If the User becomes aware of any information posted by other users or third parties, including any software, hyperlink or content from external sources (embedded) that may be harmful to the Service Provider and/or any other user of the Service, the User will notify the Service Provider of this immediately by email.

  3. The User declares that the information that the User sends to or through the Service and/or publishes on the Service:

    • is not contrary to the applicable laws and regulations;
    • is not in conflict with the Conditions of Use and/or with the Terms & Conditions of Service Provider;
    • does not infringe any intellectual property right;
    • is correct, complete, and suitable for the purpose intended by the user of that information;
    • to the extent that the information (also) consists of software: downloading, executing and/or using the software in any other way may have harmful consequences;
    • does not use pictures of other persons. If the User does so, he/she hereby declares that the persons portrayed are aware of the use of their photos and agree to it;
    • does not use photographs on which the intellectual property of someone other than himself rests. If the User does so, he hereby declares that the person holding the intellectual property of the photograph is aware of and agrees to the use of the User and the Service Provider.
  4. If the information referred to in the previous paragraph does not comply with the provisions of that paragraph, User indemnifies Service Provider for any damage that is the (indirect) result of using the information, including claims by third parties who have suffered any damage that is the (indirect) result of using that information.

11. Intellectual property rights

When using the Service, as well as the related activities, rights of new intellectual property can arise, these rights belong to the Service Provider. Insofar as these intellectual property rights belong to the User, the User transfers these to the Service Provider by publishing the information to which the intellectual property rights relate on the Service and/or sending it to or through the Service.

12. Personal data

If the User uses the Service to publish information, or sends information through or to the Service and this information contains personal data (such as name and contact details), then the Privacy Policy of the Service Provider shall apply. It is strongly recommended that User reads this Privacy Policy before publishing or sending any personal data.

13. Community rules

By agreeing to the Terms and Conditions of Use, User declares that it will

  1. not use the service for harmful or criminal purposes;

  2. not to use it for any purpose that is illegal or prohibited by this Agreement;

  3. use the service to spam, solicit or defraud members;

  4. use it to harass, stalk, intimidate, assault, abuse or defame any person ;

  5. do not use it to post content that could be construed as hateful, threatening, sexually explicit or pornographic;

  6. do not use it to post content that incites violence, or contains nudity or crude or gratuitous violence;

  7. do not use it to post content that encourages racism, bigotry, hatred or any form of physical harm against any group or individual.

14. Other users

  1. The User can get in touch with other users of the Service and/or third parties through the Service. The Service Provider cannot guarantee that other users of the Service and/or third parties are those whom they pretend to be and/or have the powers that they claim to have with any organization. The User must check this for itself.

  2. If the contact between the User and another user of the service and/or a third party results in an agreement and/or legal relationship, then the Service Provider is not involved as a party, unless the Service Provider has explicitly agreed to this in writing.

  3. The Service Provider is not liable for any costs and/or damage that are the (indirect) consequence of the agreement and/or legal relationship referred to in the previous paragraph.

15. Other provisions

The Service is not intended for persons under 18 years of age. When the User registers themself, the User thereby declares to be 18 years of age or older.

16. Applicable law and competent court

The Conditions of Use are governed by Dutch law and any disputes between the Service Provider and the User shall be submitted to the competent court in the District Court of Amsterdam, or, at the option of the Service Provider, to the court with territorial jurisdiction (relatief bevoegd) under the law.

17. Disclaimer

  1. The Service Provider is not responsible for anything that happens during the date or in any way outside the use of the app.

  2. The User is responsible for proper continuation of any activity done as a result of meeting through the App. This is done at your own risk and responsibility.

Effective date: These Conditions of Use were last updated on 25 March 2021.