Cosmic Latte s.r.o. ("Cosmic Latte"), established in accordance with the laws of the Czech Republic, with its registered office at Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, Czech Republic, ID no. 050 66 891, entered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 257791, is the exclusive owner, data controller and operator of the Surge application, a dating app for gay men (the "App").
As used in these Terms, "we", "our" and "us" means the Cosmic Latte.
"Service(s)" refers to your use of the App for any purpose whatsoever.
"You" refers to the user of this App and its related services, and as such, you have gained the right to use this App by respecting the applicable Terms of Use (the "Terms") described in detail below.
These Terms set forth the terms and conditions that apply to your use of the App and all services offered by us.
These Terms include our Privacy Policy, which can be accessed at any time at http://www.surgeapp.com/privacy.
By completing the subscription process or by using the App, you are agreeing to be bound by all of the terms in these Terms including Privacy Policy.
Please save or print and keep a copy of these Terms for your records.
In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
You may accept the Terms by (i) creating an account (ii) clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for any Service, or (iii) by payment for the Services, or (iv) by using the App or any Services.
You may not use the Services or accept the Terms if (i) you do not accept the Terms (ii) you are not of legal age to form a binding contract with us, or (iii) you are a person barred from receiving the Services under the laws of the Czech Republic or other countries, including the country in which you are a resident or from which you use the Services.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time and for any reason, including to reflect changes in or requirements of the law or new features.
We will make the changed Terms available at http://www.surgeapp.com/terms and in the App at least one month prior to the effectiveness of the changed Terms.
If the changes of the Terms include material changes, we will notify you of the changes through the App.
You understand and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as acceptance of the changed Terms. If you do not agree to the changed Terms, please do not use the Service and delete your account from the App.
You must be at least 18 years of age or older, if required by applicable laws, to create an account, visit or use this App or the Services (legal adult).
Legal entities and entrepreneurs may not use the Service for any purpose except with our express written consent.
By visiting the App or accepting these Terms, you represent and warrant that you:
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately via the app or on the email info@surgeapp.com.
You are solely responsible for your interaction with other users. Cosmic Latte is not responsible for any behaviours of its users.
You agree to take reasonable precautions in all interaction with other users of the Service, particularly, if you decide to meet offline or in person.
You should not provide your financial information (for example, your credit card or bank account information) to other users.
You understand that we currently do not conduct criminal background checks or other screening on the users or attempt to verify the statements of the users. However, we reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records and other sources. You can report inappropriate behaviours via the app or by email info@surgeapp.com.
We make no representations or warranties as to the conduct of users or their compatibility with any current or future users. We are not liable for any damages whatsoever, whether material or immaterial, direct, indirect, consequential or incidental, arising from or relating to the conduct of you or anyone else in connection with the use of the Service, including bodily injury or emotional distress.
You understand that all information such as, without limitation, data files, written texts, computer software, music, audio files or other sounds, photographs, videos or images (all such information being hereinafter referred to as the "Content") which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
We do not and cannot review all Content posted or sent by users of the Service. We are not responsible for any of the Content. After the reporting of inappropriate Content, we are obliged to review the Content and remove the inappropriate Content at our sole discretion. You can report inappropriate Content via the app or by email info@surgeapp.com.
You understand that, by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services.
You shall indemnify and hold us harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by us as a result of or in connection with your breach of the Terms, any third party's intellectual property or other rights.
You agree to use the Services only for purposes that are permitted by (i) the Terms; (ii) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions; and (iii) any other applicable rules (including Facebook, Spotify and Instagram rules).
You agree that you will not engage in any activity that interferes with or disrupts the Services.
You will keep all information provided to you through the Service private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
You will use the Service for personal use only. Users may not use the Service or any Content contained in the Service in connection with any commercial endeavours and may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user or request money from the user without prior explicit consent of Cosmic Latte.
You will not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity.
You will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to, the posting of communications, pictures or recordings which contain nudity or obscene, profane, threatening, intimidating, harassing, racist, false, misleading, illegal, libellous, slanderous, abusive, offensive or defamatory Content, or racist, obscene, or otherwise offensive language, or stalk or otherwise harass any person or provide material that exploits people in a sexual, violent or other illegal manner.
You will not forward chain letters through the Service.
You will not use the Service to infringe the privacy rights, property rights, intellectual property rights, or any other rights of any person.
You will not post any Content that contains video, audio, photographs, images or any personal data of another person without his or her permission, or any Content that contains restricted or password only access pages.
You will not cause the Service to be accessed through any automated or robotic means, including but not limited to, rapid access of the site as in a denial-of-service attack. Such restriction does not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
You may not, when using the Service:
Cosmic Latte is committed to maintaining a safe and respectful community environment within our apps. To uphold these standards, we may take necessary actions such as hiding profiles or freezing accounts if they violate our Terms and Conditions. These actions are implemented under the following circumstances:
We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Section or the Terms, including removing the offending communication from the Service and terminating or suspending the account of such violators. The violators agree to cover any expenses and costs related to the investigation and prosecution of such activities.
Content Moderation: We employ a combination of automated and manual moderation tools and processes to ensure a safe environment. This includes scanning new profiles for inappropriate content, ongoing monitoring for fraudulent activity, and manual reviews of suspicious profiles and user reports.
User Recommendations: Our App streamlines user interactions by requesting the information of distance, age, and the verification status of a user. We also use the information on user’s likes and dislikes when we suggest them to other users. Additionally, when creating recommendations, we check if a user was liked by another user and qualify that as a potential match.
Modifying Preferences: Users have the ability to customize their preferences within the App to tailor their experience. This includes adjusting settings such as age range, distance preferences, verification status preferences and etc. at any time through the App's settings menu.
Hotshots: Our app includes a "Hotshots" feature, designed to highlight profiles that may be of particular interest to users. Here's how it works:
Cosmic Latte may use the advertisement in the App for self-promotion of the App and Service. We may use your contact information for marketing and commercial purposes so that we can offer you relevant products and services from us. Thus, we can send you a commercial communication (such as an SMS, e-mail, etc.) using the electronic contact you provided to us. You are entitled at any time to decline this communication (announcement).
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines.
In consideration for us granting you access to and use of the Services, you agree that we may place advertising on the Services.
You acknowledge and agree that we own all legal rights, title and interest in and to the Services, including any intellectual property rights (such as copyrighted material and trademarks) which subsist in the Services.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of us or, if such property is not owned by us, the owner of such intellectual property or proprietary rights.
You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
Cosmic Latte may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Cosmic Latte shall have no liability to you or any third party in the event that Cosmic Latte exercises any such rights.
The Services may include hyperlinks to other web sites or Content or resources. We have no control over any web sites or resources which are provided by persons (e.g., users) other than us.
You acknowledge and agree that we are not responsible for any such external sites or resources and have no liability as a result of the availability of them or their Content.
You understand that, by using any such external sites or resources, you may encounter Content that may be deemed offensive, indecent, or objectionable and may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You understand and agree that your use of external links may result in harmful or unwanted Content or malicious software infecting or interacting with your computer or mobile device.
The personal data you may choose to give to such third parties are not covered by our privacy policies. Some third-party companies may choose to share their personal data with us, in which case, such data sharing is governed by that third party's privacy policy.
In addition to the free services provided on the App, Premium Memberships and Paid Features, such as Power Message, are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
You expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription.
We use payment platforms of third parties (Apple, Google) for the payment process. By registering for the Paid Memberships or Paid Features and providing your credit card details, you agree to be billed by us or by third party in advance and you agree with the terms and private policies of this third parties. It is your sole obligation to provide accurate and complete credit card information, and to timely update your account with any changes to such information.
Paid Memberships are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please go to your phone settings, and opt out of automatic renewal of your purchase. If you opt out of automatic renewal after your purchase, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, you authorize our payment service provider or us to bill the credit card you provided now and again at the beginning of any subsequent subscription period.
Your continued use of the Paid Memberships reaffirms that the third parties or we are authorized to charge the credit card you provided. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Paid Memberships.
Where payment is required for a Paid Membership and we or our payment service provider are unable to charge your credit card for any reason, we may discontinue any and all Services to you either temporarily or permanently.
We are not responsible for the payment processing provided by any third party.
If you cancel your account, your Paid Membership will be continued. If you wish to cancel your Paid Membership you must go to the settings of your phone and cancel it here. All payments for Paid Memberships are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services or to transfer it to another account.
Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
For the users residing in the European Union or European Economic Area. You expressly agree to the providing of our services before the expiry of the 14-day period, thereby waiving the right to withdraw from this Agreement and you will not benefit from a right of withdrawal, and you will lose this right in accordance with Article 6 (1) (k) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in conjunction with Article 16 (m) of this Directive. This article considers as prior express consent and fulfilment of the obligation to provide information about losing your right to withdrawal.
Objections to payment should be sent directly to our support on info@surgeapp.com or to the relevant third party (App Store, Google Play) or to your bank/payment provider.
The payment processor for our Service is a third-party provider such as Apple, Google Play, etc. By making a payment, you agree to pass on the necessary payment information to these providers and authorize Cosmic Latte or a third-party account, as applicable, to charge you the payments for Services.
We give you a worldwide, royalty-free, non-assignable and non-exclusive right and license to access and use the Services for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by the Terms.
Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.
You retain the copyright and any other intellectual property rights you already hold in the Content which you submit, post or display on or through the Services.
By submitting, posting or displaying the Content on or through the Services, you give us a non-exclusive, worldwide, royalty-free, transferable and sub-licensable license (the "License") to the Content, for independent use and for use in connection with other works (including authorization to add the Content to collective works), in the original, processed, or another altered form, as a whole or any components or parts, in each of these cases, for all manners of use and in an unlimited scope. The License is provided to us for the entire duration of the copyright for all countries of the world, authorizing us and other entities that obtain authorization to use the Content from us to use the Content in any manner or by any technological process (even if such manner or technological process is used in the future) in any quantity and in an unlimited number of uses.
We are entitled to provide the License or any authorization creating a part of the License in full or in part to third parties (by the assignment of rights, granting a license or sub-license, transfer of rights, or any other form) and we are not obliged to inform you of this fact.
In particular, we are authorized to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, transmit, distribute and publish on social networks, various media and elsewhere any Content, (ii) prepare derivative works of the Content (for example changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media) or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
If you provide, as part of your use of the Services or as part of the Content which you submit, post or display on or through the Services, any photograph, image, audio, video or other materials protected by personality or privacy rights, you specifically agree that we may use such photograph or other materials for the purposes of providing the Services.
You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above License and consents.
The Content can be checked by Cosmic Latte at any time and shall be deleted if the Conditions or other rules are violated.
If you believe that any material or Content distributed by us through the Services constitutes copyright infringement, please provide us immediately with the following information:
Please provide us with the above-mentioned information via the App or send it to our e-mail address info@surgeapp.com or to the address Cosmic Latte s.r.o., Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, Czech Republic.
If you believe that any material or Content distributed by us through the Services constitutes impersonation infringement, in particular, if any user impersonates any other person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, for example, by displaying pictures or images of another person as profile pictures, please provide us immediately with the following information:
Please provide us with the above-mentioned information via the App or send it to our e-mail address info@surgeapp.com or to the address Cosmic Latte s.r.o., Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, Czech Republic.
We may, in our sole discretion, terminate or suspend your access to all or part of the Services or terminate or discontinue the Services or the App entirely at any time, with or without notice, for any reason, and in particular if
We use Facebook (Meta) and Google for authorization of users. If your Facebook or Google account or any other account used for registration and/or signing in the Services is deleted or non-functional, you may no longer be able to access the Services.
Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us in our sole discretion and by applicable law. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or Content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason (most often due to violation of conditions, any rights, rules, inappropriate behaviour etc.)
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You may also terminate your account at any time, for any reason, by following the instructions in Settings in the Service.
When your legal agreement with us comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from or been subject to and which are expressed to continue indefinitely shall be unaffected by this cessation.
By using our Service, you consent to Cosmic Latte providing certain personal information to Apple to assist with reviewing your app refund requests. This information may include your user ID, transaction details, and other relevant data necessary for processing refunds. You have the right to withdraw this consent at any time by contacting us at help@surgeapp.com. We will only share the minimum information necessary for refund processing purposes, in accordance with our Privacy Policy. Your data will be handled securely and in compliance with applicable data protection laws.
You understand and agree that you use the App and Services at your own risk.
The Services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.
We do not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on the App. Due to the number of sources from which the Content distributed by us is obtained, there may be delays, omissions or inaccuracies in such Content. We do not represent or endorse the accuracy or reliability of any user profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service. You acknowledge that any reliance upon any such Content is at your sole risk.
You hereby acknowledge and agree that, under no circumstances, will we, our officers, directors, employees, agents and third-party Content providers or licensors be liable to you or any third party for any damage, whether material, immaterial, direct, indirect, incidental, or consequential, including personal injury or death, caused by or arising from in particular
To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless us and all our officers, employees, directors, owners, agents, partners, information providers, subsidiaries, affiliates, licensors and licensees from and against any and all liability, claim, demand and costs, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising from your breach or failure to comply with these Terms, any postings or Content you post in the Service and the violation of any law or regulation by you. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
To the maximum extent permitted by applicable law, our liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to us for the Services giving rise to that liability during the last three months before the occurrence of our liability (or amount corresponding to a three-month service fee, as applicable), and in no event shall our liability exceed the sum of USD 10,000.
Nothing in these Terms shall exclude or limit our liability for damage which may not be lawfully excluded or limited in relation to the specific jurisdiction from which the user is resident
The Terms and your relationship with us under the Terms or in connection with the Services are governed by Czech law.
You agree to submit to the exclusive jurisdiction of the courts of the Czech Republic to resolve any disputes arising from the Terms or in connection with the Services. The choice of the jurisdiction shall not supersede any mandatory consumer protection in specific jurisdiction. The users from European Union and European Economic Area may, in accordance with applicable law, raise claims in their residence country.
You agree that any and all disputes arising from or connected to the Services shall be resolved individually, without resort to any form of class action. No claim may be consolidated or joined with another person’s or party’s claims.
The Terms are provided in English. You agree that the English language version of the Terms will govern your relationship with us.
The Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services. You agree that this agreement is enforceable like any written agreement signed by you.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and are enforceable.
Should you have any questions or comments relating to the Terms, please contact us at the following e-mail address:
Version 1.3, valid on 1 Nov 2024