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Terms of Service

Last updated: June 16, 2026

These Terms of Service ("Terms") govern your use of SilentSpark ("the Service"), a couples intimacy application operated by Andreas Hubenthal, Adalbert-Stifter-Straße 6, 36199 Rotenburg, Germany ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By using SilentSpark, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

SilentSpark is intended for use by adults only. You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to use the Service. By using SilentSpark, you represent and warrant that you meet this age requirement.

3. Description of Service

SilentSpark is a privacy-focused web application that allows couples to signal intimate interest to each other through a matching mechanism. Key features include:

• Private mood signaling between two partners
• Match detection when both partners signal simultaneously
• Temporary chat during active matches
• Progressive Web App (PWA) — installable on mobile and desktop devices

4. Account & Couple System

SilentSpark does not use traditional accounts with usernames and passwords. Instead:

• A couple space is created by one partner and linked via a unique 6-character join code.
• Each partner is identified only by a chosen display name — no real names, email addresses, or personal identifiers are required.
• You are solely responsible for keeping your join code secure. Anyone with access to the code can join your couple space.
• You may leave a couple space at any time through the application settings. Disconnecting permanently and irreversibly destroys your session data on our servers.

5. Acceptable Use & Moderation

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable local or international law
• Share illegal, harmful, pornographic (in violation of local laws), or abusive content through the chat feature
• Harass, threaten, or intimidate your partner or any other user
• Attempt to gain unauthorized access to the Service or other users' data
• Use automated tools (bots, scrapers) to interact with the Service
• Interfere with or disrupt the technical integrity of the Service or servers

We reserve the right to suspend or terminate your access to the Service at any time without prior notice if we have reasonable grounds to believe you are violating these Terms (termination for cause).

6. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• Chat messages and mood signals are deleted immediately when a match ends or expires
• No personal accounts or persistent identifiers are stored on our servers
• All data is hosted on servers in Frankfurt, Germany under strict EU GDPR protections

7. Intellectual Property

The Service, including its design, source code, graphics, and branding, is the intellectual property of the operator. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended personal, non-commercial purpose. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

8. Availability & Limitations ("As Is")

We strive to keep the Service available but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis without warranties of any kind.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service.
• Our total liability for any claims under these Terms shall not exceed the amount you have paid to us for the Service (or €0 if you use the free tier).
• We act purely as a technical platform. We are not responsible for the actions, behavioral outcomes, or interactions of you or your partner within or outside the Service.
• The Service is for entertainment purposes and is not a substitute for professional relationship counseling, therapy, or medical advice.

10. Right of Withdrawal (EU Consumers)

If you are a consumer residing in the European Union, you have the statutory right to withdraw from distance contracts within 14 days without giving any reason.

However, for digital content and services, you expressly acknowledge and agree that:

• By purchasing any premium tier or subscription and beginning to use the Service immediately, you explicitly request that execution of the service begins before the end of the 14-day withdrawal period.
• You acknowledge that you lose your statutory right of withdrawal once the digital content or service performance has begun.
• This consent and acknowledgment must be actively confirmed by you via a checkbox prior to making a payment.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant, a legal entity under public law, or have no permanent residence in Germany, the exclusive place of jurisdiction for all disputes arising from these Terms is the operator's domicile in Germany.

For international consumers, mandatory consumer protection laws and statutory jurisdictional venues of your country of residence remain unaffected by this clause. You may also access the European Commission's Online Dispute Resolution platform here: https://ec.europa.eu/odr.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Significant changes will be communicated through a prominent notice within the application. Continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms.

14. Contact

For questions regarding these Terms, please contact:

andreas.hubenthal@gmail.com