This is an archived version of our Terms of Service. This version was valid but may now be outdated.
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Stand: 16.05.2025
General Terms and Conditions
These General Terms and Conditions apply in the version valid at the time of contract formation for all business relationships between us (Sternberg, Meyer & Fuhrmann GbR (Partnership under German Civil Law), Scharlbarg 32, 21149 Hamburg, Germany, represented by partners Gian-Luca Fuhrmann, Joshua Meyer, and Jan Sternberg) and you. Should you use conflicting General Terms and Conditions, we hereby expressly reject their application.
The contract language is German. Insofar as we provide you with the contract text and these General Terms and Conditions in English, this translation serves exclusively for informational purposes and constitutes an additional service. In the event of contradictions, ambiguities, or deviations between the German version and the translation, the German version shall exclusively be authoritative and legally binding.
The use of our app is exclusively permitted for persons who, at the time of registration, have reached the minimum age prescribed by law in their respective country of residence for access to sexual content. It is your responsibility to inform yourself about the applicable age regulations in your country of residence and to comply with them. In no case may the app be used by persons under 18 years of age, regardless of local regulations.
Support requests may be submitted by you via email to hey@delila.app. We endeavor to process these requests to the best of our knowledge and according to our operational capabilities in a timely manner. However, there is no entitlement to a specific processing timeframe for your request.
Our app is available through the Apple App Store, through which the download is processed. A user account is necessary for the download. You can create this in the respective store. The terms of use of the respective store apply to its use.
After you have downloaded and installed the app, you can either register for the first time or log in with your existing user credentials. The conclusion of the contract takes place in accordance with section 1.4 of these General Terms and Conditions.
Registration is exclusive via 'Sign in with Apple'. By confirming in the Apple authentication dialog, a preliminary usage relationship is established. Final contractual binding only occurs after active acceptance of these T&Cs in the subsequent process.
The use of authentication services provided by the third party (Apple) is subject to the respective terms of use and privacy policies of this provider.
After successful Apple authentication, new registrations are directed to actively confirm the terms and conditions. If rejected, the account is immediately deleted in accordance with Art. 17 GDPR. Existing customers will only receive a new request for consent in the event of significant changes. The contract is only concluded after successful Apple authentication AND active acceptance of the terms and conditions. Login to the app is only possible after this two-step process.
The password that allows you access to the personal area must be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties. We are not liable for damages resulting from the misuse of the password.
We are entitled to subsequently adapt and supplement the General Terms and Conditions with respect to existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to a more than insignificant disruption of the contractual equivalence relationship. We will inform you of intended changes at least six weeks before the intended date of their effectiveness in text form (e.g., through a notification in the app or via email). In this notification, we will explicitly indicate the planned changes and grant you the opportunity to consent to or reject these changes.
In the case of material changes to the contractual terms, your express consent is required. In this case, we will separately inform you of the necessity of your express consent and give you the opportunity to provide this within the specified period.
In the case of non-material changes, your silence shall be deemed as consent if you do not object within the specified period. We will separately inform you of this legal consequence in our notification.
If you do not give your express consent in the case of material changes or if you timely object to non-material changes, both we and you may terminate the contractual relationship for cause, unless we continue the contractual relationship under the previous General Terms and Conditions.
With our app "Delila," we offer you a digital tool to promote communication in partnerships. Our application allows you to select from a variety of suggestions in the areas of sexuality and intimacy and to evaluate these individually. Through a simple connection feature, you can compare your interests with those of your partner, whereby we place great emphasis on the protection of your privacy. The app also offers you the possibility to view mutual matches and to track your experiences, thus deepening your partnership.
Please note that we provide our app exclusively to support your relationship life, and it does not replace the treatment or advice of a physician, psychologist, or similar professional. Success, e.g., in the sense of an actual improvement of your relationship or your sex life, is expressly not guaranteed.
We are entitled to have the contract or parts of the contract fulfilled by third parties.
Unless expressly agreed otherwise, we provide the service immediately after the conclusion of the contract by activating the functions of our app for you.
You have the option to purchase paid content within our app ("Subscription"). The usual procedure is that you decide on a subscription within our app. You will then be redirected to the store you are using and confirm your choice there (e.g., via password, Face ID, or Touch ID). This confirmation constitutes the acceptance of the offer. With the acceptance, the contract regarding the paid content you have chosen comes into effect.
Please note that in the case of contract formation regarding in-app purchases, not we, but the Apple App Store, Apple International Ltd., Hollyhill Industrial Estate, Cork, Ireland ("Apple") is your contractual partner.
All prices include value-added tax. An overview of the current prices can be found in the description of the paid offerings within our app or in the corresponding store.
The due date of the payments to be made by you is governed by the terms of the store you have chosen.
The termination of the subscription vis-à-vis your contractual partner (Apple) must be made via the settings of the corresponding app store:
For Apple devices: Settings > [Your Name] > Subscriptions > Select the subscription to be canceled > Cancel Subscription.
Uninstalling the app alone does not terminate the subscription.
After cancellation, you can use the paid content until the end of the billing period.
The subscription is automatically renewed unless it is canceled in a timely manner.
Please note the specific terms of use of the respective app store for further details on the handling of in-app purchases and subscriptions.
Below, we have included Apple's statements regarding the right of withdrawal, which you can also view at https://www.apple.com/legal/internet-services/itunes/de/terms.html.
Right of withdrawal: If you wish to cancel your order, you can do so within fourteen (14) days of receiving your invoice without giving reasons.
To cancel your order, you must inform us of your decision. To ensure immediate processing, we recommend that you cancel all items via "Report a Problem," with the exception of "Complete Season," which can be canceled by contacting Apple Support. Subscription services can only be canceled after the initial subscription is concluded. You also have the right to inform us via the model withdrawal form below or another clear statement. If you use "Report a Problem," we will immediately send you a confirmation of receipt of your cancellation.
To comply with the withdrawal period, you must send your withdrawal notification before the fourteen (14) day period has expired.
Consequences of withdrawal: We will refund your payment within fourteen (14) days of receiving your withdrawal notification. We will use the same payment method that you used for the transaction, and you will not be charged any fees for such a refund.
Exception to the right of withdrawal: You cannot withdraw from an order of content if the delivery has begun with your express consent and acknowledgment that you thereby lose your right of withdrawal.
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content violates the rights of third parties or infringes existing laws. By transferring data to us, you confirm that you have complied with copyright provisions.
You shall hold us harmless from all claims that are asserted against us by third parties due to such violations. This includes the reimbursement of costs of necessary legal representation.
You are jointly responsible for securing the information sent. We cannot be held responsible for the loss of information you send, as we do not assume a general data backup guarantee.
We hereby expressly inform you that we assume no liability for the legality of the ideas suggested in our app in various jurisdictions. It is your sole responsibility to comply with the laws applicable at your respective place of residence and to verify the legality of implementing certain suggestions.
All ideas presented in our app are to be understood as non-binding suggestions and in no case as instructions. You are obligated to independently check whether you are physically and mentally able to implement the suggested ideas. By using our app, you expressly declare that you use it voluntarily, are aware of the possible risks, and implement the ideas at your own risk. We explicitly point out to you that any sexual act may only take place with mutual consent.
We assume no liability for any conflicts or burdens in your relationship that could arise from trying out ideas. There is no entitlement to psychological care or counseling by us.
If you have physical disabilities and/or health disorders or limitations (this includes neurological diseases, e.g., epilepsy, and mental illnesses, e.g., depression and/or anxiety), you are obligated to consult a physician before implementing the suggestions we submit to exclude any possible contraindications. You must ensure yourself that there are no medical restrictions that prevent the execution of the suggestions.
We are not liable for the improper application and/or implementation of the (also implicit) suggestions contained in our services unless we are responsible for this. You must inform yourself in advance whether our suggestions are suitable for you or whether they involve further risks.
Any use of our app that violates applicable law or public policy is your sole responsibility. We are not liable for any illegal implementation of the suggestions by you.
You decide on your own responsibility about the uploading and sharing of data. We are not liable for possible misuse of the shared data by your partner or by third parties unless we are responsible for this.
The use of “Sign in with Apple” is subject to the exclusion of our liability for authentication errors. If you encounter any problems with Apple IDs, please contact Apple Support directly.
The usage relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by termination in text form to us. We reserve the right, in particular, to delete incompletely registered user accounts that have been inactive for a period of at least six months. With the termination of the free usage contract, the profiles associated with the account are also deleted.
The right to terminate without notice for good cause remains unaffected. Good cause exists in particular if:
You have provided incorrect or incomplete information at the time of contract conclusion.
You repeatedly violate other contractual obligations and do not cease the breach of duty even after being requested to do so by us.
We hold the copyright or the exclusive right of use to the app provided. The copyright includes, in particular, the complete program code, the structure, as well as the appearance and design of the app. With the conclusion of the contract, you only secure the rights of use to the app for the agreed purpose. You do not have any ownership and/or copyright rights. Any updates and/or upgrades are also subject to copyright protection.
Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties in return for payment or free of charge, or to otherwise pass them on to such parties. Any modifying reproduction, dissemination, modification, etc. of the app is not permitted without express permission. In particular, the making of screenshots, copies, and the download of graphics is prohibited.
We are entitled to change the app within the framework of (necessary) updates and upgrades. These changes are also subject to copyright protection.
We reserve the right to claim damages for any violation of the contractual license conditions, in particular in case of copyright infringement.
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the app operation partially or completely within a reasonable framework for the purposes of updating and maintenance. We do not assume any guarantee for the availability of the offered services at all times and do not assure that the offered services or parts thereof can be made available and used from any location. Your warranty rights are not affected by this.
The use of the app requires compatible devices and possibly a stable internet connection. It is your responsibility to put or keep the device in a state that allows the use of the app services.
The statutory warranty rights apply.
We, as well as our legal representatives and agents, are only liable for intent or gross negligence. Insofar as material contractual obligations (consequently, such obligations whose compliance is of particular importance for achieving the contractual purpose) are concerned, we are also liable for slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage. Towards businesses, we are only liable in the amount of the foreseeable, contract-typical damage in the case of a grossly negligent breach of non-material contractual obligations.
The above liability exclusion does not affect liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this liability exclusion.
We do not assume a general data backup guarantee for the data stored by you within our app. You are responsible for creating appropriate backups of your data at regular intervals and thus preventing data loss. We cannot guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost, or partially removed without us being responsible for this.
Our business location is agreed upon as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law, or a special fund under public law.
Unless mandatory statutory provisions according to your home country's law conflict with this, German law is agreed upon to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The internet platform set up by the EU Commission for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform, accessible at: https://ec.europa.eu/consumers/odr/) will no longer accept new complaints from March 20, 2025, and will be completely discontinued from July 20, 2025. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.