Terms and Conditions

Preamble

The following contractual conditions govern the relationship between Bluewater Applications GmbH (hereinafter referred to as "Bluewater Applications") and the users and customers of its telemedia services (hereinafter referred to as "Users"). They set the framework for the use of the "Tavoo" app.

Paragraph I

Acceptance of the Contract and the Terms and Conditions

By creating an account or using Tavoo, whether via mobile device, mobile application, or computer (collectively referred to as the "Service"), the User agrees to the following terms of use.

Bluewater Applications reserves the right to make changes to this contract and the Service from time to time. Such changes can occur for various reasons, such as legal adjustments, new legal requirements, the introduction of new features, or changes in business practices. The currently valid version is always the binding version. If the changes have a significant impact on your rights or obligations, we will appropriately inform you of these changes, for example, through notifications within the Service or via email. If you continue to use the Service after the changes become effective, you agree to the updated contract.

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Eligibility

Minors and individuals acting on behalf of a third party are excluded from using the services of Bluewater Applications. If Bluewater Applications has reasonable suspicion that a person is not eligible to participate, Bluewater Applications is entitled to verify the person’s identity by requesting official documents. Ineligible Users will be excluded from using the services of Bluewater Applications and the database.

By creating an account and using the Service, the User declares and guarantees that:

• They possess the ability to enter into a binding contract with Bluewater Applications;

• They will comply with this contract and all applicable local, state, national, and international laws, rules, and regulations; and

• They have never committed a felony or an offense (or a crime of similar severity), a sexual offense, or a violent crime, and they are not listed in any state, federal, or local sex offender registry as a sex offender.

Paragraph III

Services Provided by Bluewater Applications

Bluewater Applications provides Users with access to a central database system via its mobile application. This system contains profiles and information about other Users. After successful registration and creation of an individual profile, Users have the opportunity to search for other profiles in the database. Users can view other profiles and have the option to contact them. Additionally, Bluewater Applications offers the option to access data material from selected Users as part of the database system access. The content, nature, and duration of the data material provided and transmitted by the respective User are solely the responsibility of the User.

Bluewater Applications offers both free and paid services. With free registration, the User can create a profile, view other Users' profiles, and read messages from other Users. A User can also mark other profiles for free. If both profiles are mutually marked, a "match" is created, which is shown to both Users.

In addition to the above-mentioned free services, the User can pay to contact and send messages to other Users. Before using these paid services, the User will be informed about the costs, content, and scope of the services as well as the price and payment conditions.

Paragraph IV

Changes to Services

Bluewater Applications continuously strives to improve the Service and provide Users with additional features that are found to be appealing and useful. As a result, Bluewater Applications will introduce new product features or extensions from time to time and remove certain features. As long as these measures do not have a significant impact on Users' rights or obligations, Bluewater Applications reserves the right to implement them without prior notice. In the event of a complete suspension of the Service, Bluewater Applications will inform Users in advance unless there are mitigating circumstances such as security concerns.

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Access

Access to the use of Bluewater Applications’ database and services occurs after successful User registration. During registration, a password and a pseudonym chosen by the User are used. Registration requires the User to provide an email address and complete the registration form.

Alternatively, the User can use the connect function of third-party providers (e.g., Facebook-Connect). When registering via a third-party provider’s connect function, the User's individual profiles are integrated into Bluewater Applications’ database. By registering using the connect function of a third-party provider, the User must confirm the respective conditions of this provider.

Users have the option to verify their profile by confirming their email address. Such Users are then considered verified Users and will be marked accordingly.

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Termination of Free Membership

1. A User can delete their profile at any time without providing reasons.

2. Additionally, Bluewater Applications reserves the right to reject a User's registration without providing reasons.

3. If the User violates these Terms and Conditions, Bluewater Applications can terminate the membership at any time without notice.

4. Upon the termination of membership, all obligations of the operator to store the User's data cease unless statutory retention periods require storage.

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Purchases

Bluewater Applications offers both free services and paid services and offers for the User. Each use of these services establishes a new contractual relationship with Bluewater Applications. Each use of a service thus constitutes a separate contractual relationship. These paid services are entirely independent of the free use of the Bluewater Applications database system. Each contract is concluded when the User selects the paid service and accepts the payment obligation by clicking the "Buy" button (hereinafter referred to as the "Order Process"). The Terms and Conditions listed here also apply to paid services.

• Online purchases

  If the User decides to make a purchase through Tavoo, they agree to pay Tavoo all fees according to the prices displayed for the selected services and any applicable costs or taxes. Furthermore, Tavoo is authorized to charge the User's chosen payment method. Tavoo reserves the right to correct any billing errors or mistakes even if the payment has already been requested or received. In the event of a chargeback or other reversal of a payment through the payment method, Bluewater Applications can immediately delete the User's account at its discretion.

• “Coins“

  By concluding a paid contractual relationship, the User is credited with an amount selected in the order process as credit on their account. This credit is managed as "Credits". The User can use 10 "Credits" to send messages to other Users. When the credit is exhausted, it is not possible to send further messages to other Users except in the case of a match or super match. By renewing the order process, in which a new purchase contract is concluded, the User can replenish their credit account with "Credits".

• Virtual items

  The "Credits" are virtual items that the User acquires. The User may obtain virtual items only through Bluewater Applications and in no other way. Virtual items represent a limited license right subject to this contract. Unless otherwise prohibited by applicable law, acquired virtual items are licensed to the User, and it is acknowledged that no title or ownership rights to the virtual items are transferred to the User. This contract is not to be interpreted as a transfer of rights to virtual items. An account balance in the User's account regarding virtual items does not reflect a balance in the real world but merely represents the scope of the User's license. No fees are charged for unused virtual items, but the license for virtual items ends according to the terms of this contract when Bluewater Applications ceases the services or the User's account is otherwise closed or terminated. Bluewater Applications reserves the right, at its discretion, to charge fees for access to virtual items and/or distribute virtual items for a fee or free of charge. The management, regulation, control, modification, or removal of virtual items by Bluewater Applications remains reserved at all times. In exercising these rights, Bluewater Applications is not liable to the User or third parties. The transfer of virtual items is prohibited, and the User may not sell, redeem, or otherwise transfer virtual items. Virtual items can only be redeemed through the Service. All purchases and redemptions of virtual items through the Service are final and non-refundable. The provision of virtual items for use within the Service is a service provided by Bluewater Applications, which begins immediately after the User's purchase is accepted.

• Refunds

  The User acknowledges that Bluewater Applications is under no obligation to provide refunds for any reason and that there is no entitlement to money or other compensation for unused virtual items if an account is closed intentionally or unintentionally. However, Bluewater Applications will review each request individually and reserves the right to grant refunds solely as a gesture of goodwill and without acknowledgment of any legal obligation. In principle, all fees for purchases are non-refundable, and there is no refund or credit for partially used periods. The purchase of virtual items is final and non-refundable.

Paragraph VIII

Payment Terms

• Payment for paid services must be made in advance to Bluewater Applications using the payment method selected during the ordering process, such as credit card, direct debit, instant transfer, Giropay, Apple Pay, or PayPal, or through your personal Google Play or iTunes account, in full. After the successful order process, credits will be credited to the customer account immediately, but no later than within 2 hours. For credit card payments, Bluewater Applications will appear as the descriptor on your billing statement.

• Bluewater Applications reserves the right to process payments for paid services through an external service provider commissioned by Bluewater Applications.

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User Obligations

• The User is solely responsible for the content of their registration, the further information about themselves, and the information they provide about themselves. The User guarantees that the provided data is truthful and personally describes them. Intentional or fraudulent misrepresentations can result in civil and criminal proceedings and entitle Bluewater Applications to block the User profile without affecting Bluewater Applications' entitlement to compensation.

• The User guarantees that they will not use the services of Bluewater Applications for business or commercial purposes, especially for advertising purposes. The User is not permitted to manually or using computer programs read content and profiles of other Users to use the obtained data.

• The User commits to keeping their access data confidential. If the access data is shared with third parties, the User is responsible for all consequences of the action. If there is a suspicion that the access data has been shared, the User must immediately inform Bluewater Applications and take appropriate measures to prevent further misuse, such as changing the password.

• The dissemination of explicit content in any form is prohibited to Users.

• The User further commits to not misusing Bluewater Applications' services, especially:

  • Not to use it to disseminate defamatory, racist, inflammatory, or otherwise illegal material or information;

  • Not to request illegal pornography through the database system;

  • Not to use the services to threaten, harass, or violate the rights (including personal rights) of other Users or performers;

  • Not to introduce data that contains a virus or software or other material protected by copyright or other protective rights, unless the User owns the respective rights or has the necessary consent to use it;

  • Not to use the services in a way that negatively affects availability for other Users;

  • Not to intercept or attempt to intercept emails or other messages;

  • Not to send chain letters;

  • Not to send emails or other messages for commercial or business purposes;

  • Not to include names, addresses, phone or fax numbers, messenger addresses, emails, or URLs in profile data;

  • Not to collect, store, or process personal data about other Users.

• A violation of conduct obligations or other obligations regulated in these terms entitles Bluewater Applications to immediately block the User's access to the database and terminate the contract without notice for an important reason.

• If the User associates commercial or business interests with the conclusion of the contract or uses the data made accessible to them for business or commercial purposes, or for purposes not expressly approved by Bluewater Applications, they commit to paying Bluewater Applications a contractual penalty of €1,000 for each proven violation. Further claims for damages remain unaffected.

• The User is also obligated to follow Bluewater Applications' photo/image policy.

Paragraph X

Usage Policies and Prohibited Content

Below is an overview of the usage policies and prohibited content:

• Illegal and inappropriate content:

  Bluewater Applications does not allow any illegal or inappropriate content on the platform. Users must adhere to the rules of conduct set forth in the Terms and Conditions.

• Minors and depictions of minors:

  Tavoo may only be used by persons aged 18 and older. Minors are not allowed to upload content. Images showing minors are prohibited as profile pictures. In other images, minors must be blurred and fully clothed.

• Appropriate profile and gallery images:

  All uploaded images must comply with the Terms and Conditions and be appropriate. Profile pictures should be an authentic representation of the user, of good quality, and taken under sufficient lighting conditions. Screenshots, AI-generated images, images showing alcohol, drugs, or cigarette consumption, and reused images are not allowed. Profile pictures may only show the person who created the profile; the face must be clear and unaltered. Group photos are allowed in the gallery if all depicted persons have consented and minors are blurred and clothed.

• Impersonation, fraudulent behavior, and abusive use:

  Fraudulent actions and content are prohibited on Tavoo. This includes pretending to be someone else, fake profiles, scamming, and obtaining free memberships through systematically creating new profiles and aggressively seeking sexual encounters.

• Advertising and spam:

  Tavoo is for entertainment purposes and not for commercial use. Advertising and spam, including messages containing advertisements, the posting of contact details, and job offers, are not allowed.

• IT and data security:

  Any behavior that jeopardizes the IT or data security of Tavoo is prohibited. This includes automatic account registrations, uploading malware, and sending phishing messages.

• Hate speech, racist, and terrorist content:

  Content that incites violence or hate, or promotes systematic discrimination and exclusion, is prohibited. This also includes the spread of extremist or terrorist content.

• Insults and defamation:

  Content that is insulting, defamatory, or threatening is not allowed. Freedom of speech has its limits when it harms others.

• Child pornographic content/child abuse:

  Child pornographic content and content that depicts or promotes child abuse are strictly prohibited.

• Endangerment of children's welfare and sexual exploitation:

  Content that depicts the sexualization or sexual exploitation of minors is forbidden.

• Pornographic and sexualized content:

  Pornographic and sexualized content, including depictions of sexual acts, nudity for sexual arousal, and sex toys, is not allowed.

• Inappropriate, offensive, and vulgar content:

  Offensive or vulgar content that is obscene, glorifies violence, or is racist is also prohibited.

• Dangerous activities or products:

  Content that involves dangerous activities or products such as weapons, illegal drugs, or self-harming behavior is not permitted.

• Illegal or inappropriate goods and services; prostitution, human trafficking, and gambling:

  Content related to illegal or inappropriate goods and services, including human trafficking, prostitution, and illegal gambling, is prohibited.

• Infringement of copyrights and intellectual property rights:

  Users must ensure they are authorized to use the content they upload. Content that infringes third-party copyrights or intellectual property rights is not allowed.

• Violations of user privacy:

  It is prohibited to post content that violates the privacy of other users, such as images or voice recordings without consent and chats containing personal information.

• Depictions of violence:

  Depictions of violence, showing violence against people or animals, are prohibited on Tavoo.

• Bullying and stalking:

  Harassing, bullying, or stalking other users is prohibited. This includes unwanted sexual content and intrusive chat messages.

• Coercion and extortion:

  Coercion and extortion, including the threat to distribute intimate images, are prohibited.

• Abusive use of the reporting feature:

  Abusive use of the reporting feature is prohibited. Frequent unjustified or blatantly abusive reports may lead to the suspension of the service.

Bluewater Applications carefully monitors the Tavoo platform. It is decided on a case-by-case basis whether an incident is referred to a lawyer or directly to the authorities. Bluewater Applications promotes tolerance and openness. Users who oppose these values are identified, regularly monitored, and, in cases of clear violations, excluded from the platform without prior warning.

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Violation of User Obligations

In the event of violations of these Terms and Conditions, Bluewater Applications is entitled to terminate the User's membership at any time without notice, and the User's account will be deleted.

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Communication

• Bluewater Applications provides the user with an electronic mailbox under their account/profile. This is used for contact with other users and for transmitting service notifications from Bluewater Applications. Further notifications from Bluewater Applications to the user are sent to the email address provided by the user.

• A chat feature is available to users of the Bluewater Applications database, allowing them to exchange information in text form, as well as gifts and nudges for initiating contact. Users are responsible for managing their communication and maintaining appropriate language. It is prohibited to make sexually suggestive comments at the start of or during communication.

• A chat can be initiated by the user at any time. Users with a predefined number of "Credits" can contact other users for a fee.

• Each user receives pre-set push notifications. These notifications include alerts about received chat messages, profile visits by other users, profile marks by other users, as well as matches or friend requests. Notifications can be turned off in the app settings.

• Tavoo is a pure entertainment platform where users can experience fascinating and entertaining flirts. The service provided by Bluewater Applications includes exciting conversations with professional chat partners, who have been carefully selected. These chat partners use fictional profiles solely for entertainment purposes and are not separately marked as such. They work for Bluewater Applications and are not available for meetings outside the platform. All statements and personal data of the fictional profiles are invented by the professional chat partners. A female profile may be operated by a male professional chat partner, and a male profile may be operated by a female professional chat partner, and vice versa. Users are not specifically informed during chats that they are flirting and chatting only with a professional chat partner. This moderation by Bluewater Applications ensures activity on the Tavoo app and generates revenue for Bluewater Applications. Chat partners or fictional profiles are not required to admit in dialogue with a user that they are not real, as every statement, as described above, is fictional and this is stated in these terms and conditions.

• The fictional profiles include personal data invented by the moderators and contact details created to match the respective profile. All statements and all personal data provided by the fictional profiles are inventions of the moderators. The presence of contact details in a profile does not imply that a real person is behind the profile.

Paragraph XIII

Marketing and newsletter

By registering with Bluewater Applications, the user expressly agrees to receive messages with information about Tavoo and information about other users. The user has the right to stop these notifications at any time.

Paragraph XIV

Prohibition of Commercial or Business Use, Prohibition of Spamming

• The user assures that they do not pursue commercial and/or business intentions in connection with their use. They commit to not using the Tavoo website and mobile app for commercial or business purposes.

• Commercial or business uses, which the user hereby commits to refrain from, include:

  • Offering goods or services for monetary value, requesting a corresponding offer, or referring to a corresponding offer available elsewhere.

  • Advertising for commercial or business websites or apps, especially those,

    • that offer goods or services for a fee;

    • serve to represent or advertise companies; or

    • promote other commercial portals.

    • This particularly applies to advertising companies through pop-ups, banner advertising, or prominently placed or conspicuous links.

    • A website is considered commercial if it directly or indirectly links to the commercial internet portal of another operator.

  • Contacting for the purpose of subsequent profit-making, especially through subsequent references to 0900 numbers or premium SMS numbers.

• The user commits to refraining from advertising commercial offers to other users of the service offered here or other users and from sending messages serving a commercial purpose. This also applies to setting or mentioning links in publicly accessible profiles or sending messages with internal messaging systems (e.g., message sending, forums, and profile data).

TODO

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Compensation for Damages

• A user who uses Tavoo for business or commercial purposes without the consent of Bluewater Applications commits to paying a stipulated compensation of 5,000 EUR. In such a case, the user has the opportunity to prove that no damage has occurred or that it is significantly lower than the stipulated amount. Bluewater Applications reserves the right to prove that higher damage has occurred.

• In the event of intentional or grossly negligent violation of the user obligations mentioned in Point 9, the user commits to compensating Bluewater Applications for damages, unless the violation already constitutes a stipulated compensation as per paragraph 1 of this point. In this case, the user has the opportunity to prove that no damage has occurred.

Paragraph XVI

Third-Party Services

The service may contain advertisements and promotions from third parties and links to other websites or internet resources. The availability of such external websites or internet resources is not the responsibility of Bluewater Applications.

If the user decides to interact with third parties through Bluewater Applications' services, the terms of those third parties apply to their relationship with the user. Bluewater Applications is neither responsible nor liable for the terms or actions of these third parties.

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Modification of the Terms and Conditions

Bluewater Applications reserves the right to modify these terms at any time, provided that essential provisions of the contractual relationship remain unaffected and the adjustment is necessary due to developments that were not foreseeable for Bluewater Applications at the time of the conclusion of the contract. Failure to consider such developments would significantly impair the balance of the contractual relationship. Essential provisions are, in particular, those concerning the nature and scope of the agreed services as well as the duration, including the provisions on termination. Bluewater Applications is entitled to make changes to close contractual gaps, especially those arising from legal changes and changes in case law.

Paragraph XVIII

Limitation of Liability

• Bluewater Applications does not guarantee the accuracy and security of data and content published or transmitted by other users. Likewise, Bluewater Applications does not assume any liability for the accuracy of the contents of user profiles. Despite prohibitions, users may enter incorrect or illegal information and content or use Bluewater Applications' services for unauthorized or illegal purposes.

• By providing access to the database, Bluewater Applications offers an IT service and does not guarantee any specific success. Due to the lack of control over data traffic on the internet outside of its own IT infrastructure and due to the peculiarities and uncertainties of the internet, Bluewater Applications assumes no liability for external data losses and/or transmission errors. Bluewater Applications is not liable for service outages beyond its control (e.g., due to force majeure or technical disruptions of the internet).

• Bluewater Applications is not liable for the misuse of information that the user has made available to third parties. Likewise, Bluewater Applications assumes no responsibility for unauthorized access to personal user data by third parties (e.g., through unauthorized access to the central database), unless Bluewater Applications has enabled such unauthorized access intentionally or through gross negligence.

• The liability of Bluewater Applications is limited—apart from the violation of essential contractual obligations, injury to life, body, or health, or claims under the Product Liability Act—to intent and gross negligence. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

• In cases of slight negligence in breaching a duty that is essential for achieving the contract's purpose (cardinal duty), the liability of Bluewater Applications is limited to the foreseeable and typical damage for the type of business concerned.

• The above limitation of liability also applies to the personal liability of employees, representatives, and organs of Bluewater Applications.

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Rights

• The user grants Bluewater Applications a non-exclusive, transferable, worldwide, and limited to the duration of the contract, simple usage right to the content they create or upload to the database, including texts, images, and videos.

• The user assures that the content they upload or create and its use do not infringe on third-party rights, especially no copyright or other protective rights.

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Data Protection

Bluewater Applications collects, processes, and uses personal information of the user in accordance with the provisions in these terms and the privacy policy. The retention of personal data is in accordance with legal requirements.

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Storage and Deletion of Data

• Bluewater Applications stores personal data only for the legally permissible duration.

• Messages in conversations are automatically deleted after 90 days and cannot be recovered, unless the conversation partner has been marked as a favorite.

• Conversations with favorite partners will be irreversibly deleted if the user's last activity (e.g., message, sending pictures) occurred more than 90 days ago.

• Images in conversations will be permanently deleted once no messages remain in the conversation.

• After seven days, profile visitors and likes are deleted from the list.

• If a user deletes their profile or entertainment messages, these data are generally permanently and irrevocably removed from Bluewater Applications' system. However, there are exceptions:

  • Data must be retained for tax and accounting reasons as required by applicable law, especially in case of app purchases.

  • Data must be retained to prove compliance with applicable laws, such as information about user behavior when their profile is blocked.

  • In case of pending issues, claims, or disputes requiring retention of relevant information.

  • Information must be retained for legitimate business interests, such as fraud prevention or improving user security.

• Note: Even if a user deletes their profile or conversations, copies of this information may remain visible or accessible if previously shared, copied, saved by other users, or linked by search engines. This is beyond Bluewater Applications' control, and no liability is assumed for this.

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Right of Withdrawal

• Right of Withdrawal

  The user has the right to withdraw from the contracts arising from these terms within fourteen days without providing any reason. The withdrawal period is fourteen days from the date of the individual contract conclusion. To exercise the right of withdrawal, the user must inform us (Bluewater Applications GmbH, Baarerstrasse 43, 6300 Zug, Switzerland) of their decision to withdraw from this contract through an unequivocal statement (e.g., by mail or email). The withdrawal period is maintained if the notification about the exercise of the right of withdrawal is sent before the end of the withdrawal period.

• Consequences of Withdrawal

  If the user withdraws from this contract, we will reimburse all payments received from them, including delivery costs (except for the additional costs arising if they chose a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of withdrawal. For the reimbursement, we will use the same payment method used by the user for the initial transaction unless explicitly agreed otherwise; in no case will they be charged fees for this reimbursement. If the user requested that the service begin during the withdrawal period, they must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which they informed us of the exercise of the right of withdrawal compared to the total scope of the services covered by the contract.

• Sample Withdrawal Form

  If you wish to withdraw from the contract, please complete this form and return it to

  Bluewater Applications GmbH

  Baarerstrasse 43

  6300 Zug

  Switzerland

  I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

  Ordered on (*)/received on (*)

  Name of consumer(s)

  Address of consumer(s)

  Signature of consumer(s) (only if notification is on paper)

  Date

  (*) Delete as applicable.

• If the user has explicitly agreed, the right of withdrawal expires prematurely if the service requested by Bluewater Applications has been fully performed before the user has exercised their right of withdrawal.

• In the event of a cancellation of a purchase initiated by the user through a third-party purchase and payment provider (e.g., Apple, Google, PayPal, etc.), the user expressly agrees that, as part of the potential cancellation process, user data, including but not limited to account information and transaction details, may be transmitted to the purchase and payment provider. This transmission is intended to provide proof of contractual performance and to defend against unjustified cancellation requests. The user agrees that such data may be transmitted to reject the cancellation, if applicable, and to demonstrate the fulfillment of the contract. The transmission of user data will be carried out in compliance with applicable data protection laws and will be used only to the extent necessary and for this specific purpose.

Paragraph XXIII

Complaint Procedure

• The Tavoo support team takes violations of the Terms and Conditions and usage policies very seriously and carefully reviews every report that indicates a potential violation. If a violation is found during the review, this may lead to the immediate removal of the affected content by the support team. All reports are completely confidential and anonymous. The user who uploaded the content cannot view the report or deduce the identity of the person who made it.

• Bluewater Applications provides a complaint procedure for content on the platform that allows users to report potentially illegal content or content that otherwise violates the platform's standards. All reported complaints are reviewed and addressed by Bluewater Applications within seven (7) business days. If the review reveals evidence of illegal content or content that violates the Terms and Conditions and usage policies, the content will be promptly removed.

• Users who come across content that violates the Terms and Conditions and usage policies, or who have been harmed by such content, can report the incident using the contact form. Additionally, users have the option to report any profile directly on the platform. To do so, the profile can be accessed and reported using the "Report Profile" option.

• To enable a review and possible removal of content by the Tavoo support team, all relevant details of the incident must be provided accurately.

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Dispute Resolution and Applicable Law

• The legal relationship between Bluewater Applications and the user is governed by Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded, as it pertains to digital services. In the event of disputes arising from or in connection with this contract, the parties will initially attempt to resolve them through good faith negotiations.

• If no agreement can be reached, the dispute will be finally settled by an arbitrator appointed in accordance with the arbitration rules of the Zurich Chamber of Commerce. The proceedings will take place in Zurich and be conducted in English. Unless otherwise determined, the costs of the proceedings will be borne by the losing party. The right to seek interim injunctions remains available in a court in Zurich.

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Final Provisions

• Amendments and supplements to these General Terms and Conditions, including the agreement to waive this written form requirement, must be made in writing.

• Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall apply that comes closest to the intention of the parties within the legal framework. The same applies in the case of a contractual gap.