Terms of Use

By accepting the Terms of Use, the user also agrees to our Code of Conduct. Violations may lead to exclusion from MSD.

1. Service and Operator

The MSD service, accessible at community.msd-dates.com (hereinafter the “Service”), is a service of SDC Ventures GmbH, Westfalendamm 237, 44141 Dortmund (hereinafter the “Operator”).

2. Scope and General Provisions

2.1 By registering for the Service (see also Section 4.), the user accepts these General Terms of Use for the use of the Service (hereinafter the “Terms of Use”). The Operator provides the Service exclusively on the basis of the Terms of Use in the version valid at the time of the user’s registration.

2.2 The Service, its content, and the data viewable within the Service are available to the user for purely private and non-commercial purposes only. Any use for other purposes, in particular for business or commercial purposes, is prohibited.

2.3 Only persons of legal age (18 years and older) may be users of the Service. The Service is not available to persons under 18 years of age. By registering for the Service (see Section 4.), the user confirms that they are at least 18 years old.

3. Services of the Service

3.1 The Service is an online matchmaking platform for customers seeking partners. The Operator offers the user access to its database. This database enables the user to build partnerships and friendships with other members. It also contains profiles and information about other users. Users can view other users’ profiles in the database and be contacted by them to a limited extent, as well as create their own profile including a photo and up to 10 album images and 10 VIP images and add it to the database. Customers appear to other customers only under an anonymous desired name (pseudonym). Users also have the option to upgrade their existing free membership to a paid membership (VIP or Diamond). In addition to the functions of the free basic membership, a “VIP Member” or “Diamond Member” has access to additional features. For example, a “VIP Member” has access to the Service’s messaging system and can send messages free of charge to other “VIP Members.” A “VIP Member” can also unlock contact with 10 basic members per month. “VIP Members” are also granted unrestricted access to the VIP photo album. As a Diamond Member, you have all the features of a “VIP Member,” but you do not need credits for unlocks and can additionally create your own events. There is a MSD credit-back guarantee specifically for VIP Members. As a VIP Member, you can have credits for unanswered unlocks refunded by yourself.

When contacting customer support, our VIP Members also receive credits refunded for profiles we have blocked (even if a message exchange took place). If a VIP Member has unlocked a profile that deletes itself before the message exchange, the credits will also be refunded as a gesture of goodwill.

3.2 The Operator does not promise successful contact with other users of the Service. The contract does not cover a marriage brokerage either. The performance owed is solely the provision—depending on the type of purchased membership—of the opportunity for users of the Service to contact each other.

4. Subject of the User Agreement and Contract Conclusion

When concluding the contract, you undertake to provide the mandatory information required for the purpose of the contract conclusion truthfully and completely. Changes to this data must be communicated to us without delay. The use of third-party bank information, credit card data, or similar data is particularly contrary to the contract and inadmissible and leads to immediate blocking. Attempts at fraud will also be reported by us.

4.1 The subject of the user agreements is the use of the services by the user to the extent of the chosen membership. Use of the Service is only possible after prior registration by the user and acceptance of the registration by the Operator. Two variants of using the Service or membership are available to users:

4.1.1 On the one hand, there is the possibility of free, limited use of the Service within the scope of the basic membership (hereinafter “Basic Membership”);

4.1.2 On the other hand, there is the possibility of extended, paid use of the Service within the scope of the VIP memberships (hereinafter “VIP Memberships”) and the Diamond Membership (hereinafter “Diamond Membership”). This requires prior registration as a basic member.

4.2 The description of the memberships, their scope of services, and the prices of the memberships can be found in the information provided within the Service.

4.3 The possibility of using the Service offered or the possibility of registering for the Service—whether free (Basic Membership) or paid (VIP Membership/Diamond Membership)—is non-binding in each case and in particular does not constitute a binding offer by the Operator to conclude a corresponding user agreement. Rather, it is an invitation to the user to submit an offer to conclude a user agreement. By completing the respective registration or order process on the Service’s online portal, the user submits a binding offer to conclude a contract (Basic Membership or VIP Membership/Diamond Membership) for the use of the Service. The Operator may accept this offer by separate email or by providing the corresponding service within three business days; otherwise, the user is no longer bound by the offer. Only through such acceptance is the contract between the user and the Operator concluded. The Operator is not obliged to conclude a contract. The Operator may reject acceptance of the registration or order (contract conclusion) without stating reasons.

4.4 The user must first register with the Service as a basic member. The user then has the option to order a paid VIP Membership/Diamond Membership.

5. Right of Withdrawal

Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a right of withdrawal as follows:

6. Obligations of the User

6.1 As part of the registration for the Basic Membership, the order of a VIP Membership, and the creation of the user profile, various details of the user are requested. These may include mandatory and optional information. The user warrants that the information they provide is complete and correct in every case, and that in particular the contact details they provide are valid and belong to them. The user is obliged to promptly adjust changes to the mandatory information themselves in the profile or have them adjusted via support (such as email address, date of birth, and your username).

6.2 The user is obliged to keep their access data for use of the Service confidential. In particular, users are prohibited from sharing access data with third parties or enabling third parties to use the services with the user’s access data. If the user has reason to suspect that a third party may have become aware of their access data, they must inform the Operator without delay and change their password.

6.3 When using the Service, the user must refrain from the following:

6.3.1 Displaying, overlaying, or otherwise indicating contact details (e.g., telephone numbers, addresses, email addresses, etc.) or other information (e.g., links to the user’s profiles on other social networks or services, usernames on other social networks or services, etc.) visible to other users within the Service that could serve to establish contact between users bypassing the Service and its notification systems.

6.3.2 Any use of the Service, its content, or data viewable within the Service for business or commercial purposes, in particular any contact with or approach to other users of the Service for the aforementioned purposes.

6.3.3 Systematically reading out, copying, or otherwise exporting content of the Service or data of users of the Service for use outside the Service.

6.3.4 Activities and the publication of content of any kind that violate applicable law, infringe the rights of third parties, or violate the principles of youth protection. In particular, the following actions are prohibited:

posting, distributing, offering, and advertising pornographic content; content, services, and/or products that violate youth protection laws, data protection law, and/or other laws; and/or fraudulent content, services, and/or products;

the use of content that insults or defames other users or third parties;

the use, provision, and distribution of content, services, and/or products that are legally protected or encumbered with third-party rights (e.g., copyrights) without being expressly authorized to do so.

6.3.5 Regardless of any potential legal violation when posting your own content within the Service and when communicating with other users (e.g., by sending personal messages, participating in discussion forums, or writing guestbook entries), the following activities:

the distribution of viruses, Trojans, and other harmful files;

the sending of junk or spam emails and chain letters;

the distribution of offensive, sexually explicit, obscene, or defamatory content or communications, as well as such content or communications that are capable of promoting or supporting racism, fanaticism, hatred, physical violence, or unlawful acts (each explicitly or implicitly);

the harassment of other participants, e.g., by repeatedly contacting them personally without or contrary to the other user’s reaction, as well as promoting or supporting such harassment;

requesting other users to disclose passwords or personal data for commercial or illegal purposes;

the distribution and/or public reproduction or making available of content available within the Service, unless this is expressly permitted by the respective author or expressly provided as functionality within the Service.

6.3.6 Any action that is likely to impair the smooth operation of the Service, in particular to place an excessive load on the Operator’s systems.

7. Availability of the Service

The Service is available 24 hours a day, seven days a week, with 99% uptime on a monthly average. Excluded are downtimes due to maintenance and software updates, as well as times when the web server cannot be reached via the internet due to technical or other problems beyond the Operator’s control (force majeure, fault of third parties, etc.). If it is foreseeable to the Operator that downtimes for maintenance and software updates will last longer than three hours, the provider will inform the customer at least three calendar days before the start of the respective work.

8. User Content

8.1 Users can design their user profile according to their preferences within the scope of these Terms of Use. The restrictions of Section 6 must be observed.

8.2 By posting content within the Service, the user grants the Operator a non-exclusive and transferable right of use to the respective content, in particular to store the content on the Operator’s server and to publish it, especially to make it publicly accessible (e.g., by displaying the content on the internet within the Service), to edit and reproduce it to the extent necessary for provision or publication of the respective content, and to grant—also for a fee—rights of use to third parties for content within the use of the Service.

8.3 The user is solely and fully responsible for the content they post. The Operator does not check the content for completeness, accuracy, legality, timeliness, quality, or suitability for a particular purpose. The user assures the Operator and guarantees that they are the sole authorized party with respect to the content they post, in particular that they are entitled to grant the rights granted here to the Operator, and that they have not made and will not make any disposition contrary to the grant of rights covered by the contract. The user indemnifies the Operator against all claims by third parties in connection with the contractual use of the content, including the costs of reasonable legal defense; alternatively, the user compensates the Operator. This does not apply insofar as the user is not responsible for the infringement.

8.4 The Operator reserves the right to reject content provided by the user and/or to edit, block, or remove content already posted (including private messages and other communications) without prior notice if the posting of the content by the user or the content itself has led to a violation of Section 6 of the Terms of Use or if there are specific indications that a serious violation of Section 6 of the Terms of Use will occur. In doing so, however, the Operator will take the user’s legitimate interests into account and choose the least severe means to prevent the violation.

9. Reporting Procedure

Within the meaning of Art. 16 DSA, individuals have the opportunity to report to us, via various channels, information about content on our platform that they consider unlawful.

9.1 Report

9.1.1 Report by Email

You can send us a report by email to support@msd-dating.com. Please include the following points in the email:

(1) the content to be reported

(2) a clear indication of the exact (electronic) storage location of this information, such as the precise URL address(es), or, where necessary, other useful information for determining the unlawful content, taking into account the type of content and the specific nature of the service;

(3) a sufficiently reasoned explanation of why you consider the information in question to be unlawful content;

(4) your name and your email address (except when the information relates to an offense involving sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes, or incitement, aiding, or attempting such offenses). Note: You generally have the right to report anonymously;

(5) a statement that you are in good faith convinced that the details and statements contained in your report are correct and complete.

After submitting the report, we will send you an electronic acknowledgment of receipt of your report. We will review every report without delay and inform the reporting person of the outcome of the review as soon as a decision has been made. At the same time, we will inform you of the possible remedies against our decision (indicating any automated means used in the decision-making process).

9.1.2 Report via Online Reporting Form

Anyone can report unlawful content or content that violates our Terms of Use via the link to the online DSA reporting form at https://www.msd-dates.com/dsa-reporting-form. The form allows you to provide the specific storage location (URL address) of the content, a brief justification, and a contact address for queries. After submitting the report, we will send you an electronic acknowledgment of receipt of your report. We will review every report without delay and inform the reporting person of the outcome of the review as soon as a decision has been made. At the same time, we will inform you of the possible remedies against our decision (indicating any automated means used in the decision-making process).

9.1.3 Reporting a Profile within the Platform (Report Button)

On the platform itself, you can submit a report via the so-called report button. Upon receipt of a report, we will immediately send an electronic acknowledgment of receipt to the sender of the report. We will review every report without delay and inform the reporting person of the outcome of the review as soon as a decision has been made. At the same time, we will inform you of the possible remedies against our decision (indicating any automated means used in the decision-making process).

9.2 Procedure

After receiving your report, we will review the reported content promptly, objectively, carefully, and free from arbitrariness. If necessary, we will contact the reporting person for possible follow-up questions regarding the report. If we discover unlawful content or content that violates our Terms of Use or our Code of Conduct, we reserve the right to remove this content. A violation may also result in measures such as a warning, a temporary or permanent suspension of the user account, or the permanent deletion of the user account. We also reserve the right to terminate the user agreement ordinarily or extraordinarily, depending on the severity of the violation, and to prohibit re-registration on our platform.

The decision will be communicated to the reported user without delay. A statement of reasons for this decision includes the information that the information provided by the reported user constitutes unlawful content or is not compatible with our Terms of Use or the Code of Conduct. We refer to the corresponding legal basis or the specific Terms of Use that have been violated. We also inform the user of the facts and circumstances on which the decision is based, possibly including information on whether the decision was made as a result of a report under Art. 16 DSA or as a result of voluntary investigations on our own initiative. With the decision, the user is also informed about possible remedies against it.

9.3 Right to Appeal

If a user’s content has been blocked, removed, or deleted, or if another measure mentioned in Section 9.2 has been taken against the user, they may appeal as follows:

Please send us an email within 6 months of receiving the decision to support@msd-dating.com specifying the particular case. Our appropriately qualified staff will review your appeal promptly, without discrimination, carefully, and free from arbitrariness. If we need further information to process the appeal, you may be contacted by our staff. After we have made a decision, we will inform you promptly of the outcome. If your appeal provides sufficient grounds that the measures taken were not justified, we will immediately overturn our decision.

9.4 Procedure in Case of Abusive Use of the Reporting Option

Abusive use of the reporting procedure is not permitted. The user undertakes to use the function provided on the platform to report content only for legitimate reasons. The repeated submission of manifestly unfounded reports or complaints is considered a misuse of this function. This is not permitted. Whether such misuse exists is determined in particular by the number and frequency of manifestly unfounded reports within a certain period. Reports are manifestly unfounded, among other things, if our Customer Support Team (DSA) can determine without in-depth examination that there is neither inappropriate nor unlawful content.

If misuse is apparent, we reserve the right to first warn you by email and point out the abusive use. In the event of continued or particularly serious misuse, this may lead to a temporary suspension of the processing of your reports or complaints up to and including the permanent blocking of your access or termination of the user agreement.

9.5 Out-of-Court Dispute Resolution

To resolve disputes in connection with decisions made within the framework of our complaint management system, there is, among other things, the possibility of out-of-court dispute resolution before a so-called certified out-of-court dispute resolution body within the meaning of Art. 21 DSA. Certified out-of-court dispute resolution bodies are impartial and independent institutions expressly certified by the EU Member States that, due to their capacities and expertise, are able to examine the disputes submitted to them. You may contact a certified out-of-court dispute resolution body if you believe that the decision on your complaint is incorrect or inappropriate. We will cooperate with the out-of-court dispute resolution body to the extent required by law, but we are not obliged to change the decision.

10. Use of the Platform and Rules of Conduct

10.1 Use

The user undertakes to use the platform exclusively within the framework of these Terms of Use and the Code of Conduct.

10.2 Violations

The following violations may—depending on severity and frequency—lead to immediate blocking of access (temporary or permanent) and, if applicable, to legal action:

10.2.1 Underage

Registration or use under 18 years of age: if there is suspicion of minority, the profile will be blocked immediately and only reactivated after successful age verification (ID check).

10.2.2 Multiple Accounts or Account Sharing

Each user may operate only one personal account. Joint or shared accounts are not permitted.

10.2.3 False Information and Identity Abuse

Providing false personal data, deception about age, identity, or life circumstances; use of third-party images or content that creates expectations that do not correspond to reality.

10.2.4 Prohibited (Profile) Content

Uploading photos or texts that depict violence, death, drugs, racism, sexism, weapons, pornography, obscene or defamatory content, or that violate public decency. Also prohibited are logos, advertising, or references to external platforms, unless expressly permitted.

10.2.5 Inappropriate Communication

This includes, in particular: insults, harassment, or discriminatory statements; repeated contact despite rejection or cancellation; and sending spam, chain letters, viruses, or other harmful content.

10.2.6 Circumvention of the Service

Sharing or requesting personal contact details (telephone number, email, social media profiles, bank data, passwords, etc.) with the aim of continuing communication outside the platform.

10.2.7 Commercial or Prohibited Use

Selling or offering goods and services (in particular sexual services, photos, videos, underwear, drugs, or counterfeit goods).

10.2.8 Advertising

Solicitation for other platforms, money-slave relationships, or purely online relationships.

10.2.9 Violations of Data Protection and Confidentiality

Sharing private content (e.g., messages, data, or personal details) without the sender’s express consent.

10.2.10 Disruption of Operations

Any action that is likely to impair the smooth operation of the Service, e.g., through technical manipulation, automated data extraction, or excessive system load.

10.3 Measures

The Operator decides at its own discretion on the type and scope of measures (e.g., warning, temporary blocking, permanent blocking). In addition, the consequences are determined based on the following criteria: (i) intensity and nature of the violation, (ii) fundamental rights of the affected user, (iii) protection interests of third parties, (iv) the law, and (v) frequency and the user’s prior conduct.

Unlawful content or content that violates the Code of Conduct will be deleted, and the user will—depending on the severity of the violation—be warned, temporarily or permanently blocked, or permanently deleted, or the contractual relationship will be terminated ordinarily or extraordinarily and re-registration prohibited for a proportionate period or permanently. If we become aware of unlawful content, such as violations of laws like child pornography, the user will be permanently blocked.

10.4 Information to the User

The user will be informed by email about the measure taken and about the reasons and possible remedies. Fees already paid will not be refunded in the event of a block, unless the block is based on an error by the Operator.

10.6 The Operator expressly reserves the right to take legal action in the event of serious violations and to involve law enforcement authorities.

11. Payment

11.1 The following payment methods are available to you:

SOFORT Bank Transfer

At the end of your booking, you will be redirected to the secure SOFORT payment form to complete the transfer. No registration is required.

Your data will be transmitted in encrypted form and the transfer will be executed immediately.

Direct Debit

With the direct debit procedure, the invoice amount will be debited easily and conveniently from your account within eight working days using the account details you have provided. The payment recipient shown on the statement will be:

NOVALNET, Internet Payment

Credit Card

We accept Visa, Mastercard, American Express, Maestro, Discover Network, UnionPay, JCB, and Diners Club. Your credit card will be charged upon conclusion of the contract (acceptance of the registration). The payment recipient shown on the statement will be:

“SDC Ventures GmbH, Dortmund”

11.2 Users are not entitled to offset claims of the Operator unless the user’s counterclaims have been legally established or are undisputed. The user is also entitled to offset claims of the Operator if the user asserts counterclaims from the same contract. The user may exercise a right of retention only if their counterclaim arises from the same contract.4

12. Term and Termination of User Agreements

12.1 The Basic Membership is for an indefinite term and can be terminated by the user at any time. The Operator may terminate the Basic Membership by email with 14 calendar days’ notice to the end of the month.

12.2 VIP Memberships are offered with terms of 1, 3, 6, and 12 months (hereinafter the “initial term”). Details can be found in the respective product description. The VIP Membership is extended for an indefinite period (hereinafter the “renewal term”) if the user does not terminate the VIP Membership no later than 24 hours before the end of the initial term of the VIP Membership in text form—an email or submitting a notice of termination via our online portal using the termination option provided there is sufficient—or if the Operator does not terminate in text form (e.g., by email) no later than 3 calendar days before the end of the initial term of the VIP Membership. During the renewal period of the VIP Membership, it may be terminated by either party at any time with one month’s notice in text form—an email or submitting a notice of termination via our online portal using the termination option provided there is sufficient. Alternatively, the user may also declare the aforementioned terminations of their VIP Membership within their user profile on the platform. The start of the membership is determined by the Operator’s acceptance of the user’s registration (contract conclusion).

12.3 The right of the parties to terminate the contract for good cause remains unaffected by the above termination provisions.

12.4 Upon the termination becoming effective, the contractual relationship ends and the user may no longer use the contractual access. The Operator is entitled to block the username and password upon termination becoming effective.

12.5 The Operator is entitled, upon the expiration of 30 calendar days after termination becomes effective and after the expiration of any statutory retention periods, to irretrievably delete all data generated by the user in the course of using the Service.

13. Liability of the Operator

13.1 In the event of intentional or grossly negligent breach of duty, the Operator is liable—regardless of the legal grounds—in accordance with statutory provisions.

13.2 In the case of simple negligence, the Operator is liable only for damages arising from the breach of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance the user regularly relies and may rely. In the event of a breach of material contractual obligations, liability is limited to the damage that is foreseeable and typical at the time the contract is concluded.

13.3 The limitation of liability in accordance with 13.2 does not apply insofar as it concerns damages resulting from injury to life, body, or health, as well as claims under the Product Liability Act, or if a defect has been fraudulently concealed or a guarantee for quality has been assumed.

13.4 The above exclusions and limitations of liability apply to the same extent in favor of the Operator’s corporate bodies, legal representatives, employees, and other vicarious agents.

14. Data Protection

The Operator places great value on careful handling of users’ personal data and observes the relevant data protection regulations. Reference is made to the separate Privacy Policy in this regard.

15. Changes to the Terms of Use

The Operator reserves the right to change these Terms of Use at any time, with effect also within existing contractual relationships. If the Operator intends such a change to these Terms of Use, the Operator will inform the user at least six weeks before the planned effective date of the changes. If the user does not object within six weeks (objection period) from receipt of the notice of change, the change shall be deemed agreed upon after the expiry of the objection period. The objection must be made by email or in writing. The Operator will specifically point out this consequence in the notice of change. If the user exercises their right of objection, the requested change shall be deemed rejected. The contract will then continue without the proposed change. The right of the contracting parties to terminate the contract remains unaffected.

16. Final Provisions

16.1 These Terms of Use and the entire legal relationship between the Operator and the user are governed exclusively by the law of the Federal Republic of Germany. If the user submitted their registration for Basic Membership or their order for a VIP Membership/Diamond Membership as a consumer within the meaning of Section 13 BGB and, at the time of their registration or order, has their habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

16.2 Should individual clauses of the contract or the Terms of Use be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of the contract/Terms of Use.

17. Arbitration Clause

If you are resident in the USA, the following clause applies to you. This section also applies to our partner Yoti (USA) Inc for the processing of personal data when Yoti (USA) Inc, on our behalf, conducts the age estimation and liveness checks. Any disputes or claims relating in any way to these terms or your use of the apps will be resolved by binding arbitration and not in court, except that you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. In arbitration there is no judge or jury, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We both agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both waive any right to a jury trial. We also agree that you or we may bring suit in a state or federal court in [California] to enjoin infringement or other misuse of intellectual property rights.