Terms and Conditions

These terms and conditions apply to your use of the website of Inner Circle (desktop: www.theinnercircle.co | mobile: m.theinnercircle.co – hereafter the "Website") and Inner Circle (mobile) application (iOS application / Android application/ Apple Watch application – hereafter the "App"), provided by Circle Imperium B.V. (hereafter "we" or "us" or "Inner Circle").

Definitions

Community & Safety Guidelines: means the Community & Safety Guidelines that apply to our Website, App, and all other services we provide and that are part of these Terms and Conditions. Among other things, the Community & Safety Guidelines describe which content and/or behaviour are and are not permitted during your whole Inner Circle journey, including the content of your profile and your behaviour on- and offline, how we monitor the Website and App in this regard, which associated measures we have taken, and how our notification and complaints procedures work. Acting in breach of our Community & Safety Guidelines may result in measures being taken against you, including but not limited to suspension or blocking. The Community & Safety Guidelines are available at https://about.theinnercircle.co/how-to-use-inner-circle. In case of inconsistencies between these Terms and the Community & Safety Guidelines, the Community & Safety Guidelines prevail.
Privacy policy: means the privacy policy that applies to our Website, App, and all other services we provide, and which is available at www.theinnercircle.co/privacy.
Terms and Conditions: means these terms and conditions that apply to our Website, App, and all other services we provide.

Modifications

We reserve the right to modify or replace these Terms and Conditions at any time if we find this reasonably necessary and useful. When Inner Circle changes these Terms and Conditions in a significant way, Inner Circle will notify its members via e-mail or via a notification on the Website or App. If you do not agree with the change, you have the right to terminate your subscription before the change takes effect. Continued use of the Service after the effective date of the change constitutes acceptance of the modified Terms. Minor corrections (typographical, formatting, clarifications that do not change your rights) may be made without prior notice but will be published on our website.
If you do not accept the amended Terms, you have the right to terminate your membership before the amended Terms and Conditions take effect, without incurring further costs beyond pro-rated fees for services already received.

Registration & Eligibility

If you want to use the Website or App, you first need to register. In order to register, we need your username and your email address. After registering, you can create a personal account ("Your Account"). When creating Your Account, we will at least need your picture. You are further invited to provide us with your first name, pictures of you, a description of yourself, your wishes regarding a partner and basic information about yourself (such as your age, height, place of residence).
You agree to provide current, complete and accurate information when creating Your Account and when using the App and Website. You agree to keep Your Account updated and to read and adhere to our Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle
You must be at least 20 years of age to register for and use Inner Circle. By creating an account, you represent and warrant that you are at least 20 years old. Inner Circle reserves the right to verify your age at any time. Accounts found to belong to persons under 20 will be terminated immediately.
You are solely responsible for the confidentiality of your access credentials to the Services.
The registration and creation of Your Account qualifies as an application for which your eligibility is screened in accordance with our Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle .
If your account is terminated due to a breach of these Terms or the Community & Safety Guidelines attributable to you, your subscription will end and no refund will be due for the remaining subscription period. If Inner Circle terminates your account for reasons not attributable to you, you are entitled to a pro-rata refund of any prepaid fees for the unused portion of your subscription.

Privacy

Several types of data will be processed when you use our Website or App. Insofar as personal data are concerned, Inner Circle will only process these data as in accordance with the Privacy Policy.
We also record non-personal data. Inner Circle may use this data to monitor the service, for analysis purposes and to improve the Website or App.

Membership subscription

A 'Full Membership' subscription as described in the App will automatically be extended with a successive renewal of the same duration. After the initial subscription period has expired, you may terminate the subscription at any time with a notice period of one (1) month. Termination can be effected through the same means by which you entered into the subscription, including via the App. Upon valid termination, the subscription will end at the close of the current monthly or renewal period.
Discounted 'Full Memberships' as described in the App will offer a discount price upon the first payment and will then offer the standard full price for each renewal. Subscriptions can be managed under settings.
You have the right to withdraw from this agreement within 14 days of the date on which the agreement was concluded, without giving any reason and without incurring any additional costs.
For direct purchases with us, the following applies:
1. To exercise your right of withdrawal, you must inform us of your decision by means of an unequivocal statement (e.g. by email to support@theinnercircle.com).
2. If you have expressly requested that the provision of the service begins during the withdrawal period, and you subsequently exercise your right of withdrawal, you shall pay an amount proportionate to the services already provided up to the point at which you informed us of your withdrawal, calculated on the basis of the total price agreed.
3. If applicable, if you wish the service to commence immediately during the withdrawal period, please confirm your express request and your acknowledgment that you will lose your right of withdrawal once the service has been fully performed.
For purchases via app stores (such as the Apple App Store or Google Play Store), the following applies:
1. Where you purchase digital content (including apps and in-app purchases) via a third-party platform such as the Apple App Store or Google Play, the transaction is processed by that platform.
2. By completing such a purchase, you expressly request immediate performance and acknowledge that the digital content will be made available to you immediately after purchase, as described by the applicable terms and conditions of the app store provider. As a result, you lose your statutory right of withdrawal once access to the digital content has begun.
3. Any refund of payment processed through the app store will be handled in accordance with that app store platform procedures and policies. Consequently, in principle, no right of withdrawal or refund applies to such purchases, except where the content is defective or does not conform to the agreement, or where applicable mandatory law provides otherwise.

General rules for Your Account

You are solely responsible for:
1. the information and content you post, transmit or publish on, or share otherwise through the Website or App;
2. your interactions with other members of the Website or App;
3. any invitation you send to a friend through Inner Circle's refer-a-friend feature; and
4. Whether your account complies to our Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle
Your Account is meant for personal use only and you may not create more than one account at any time. You may not authorize others to use your account, and you may not assign or otherwise transfer Your Account to any other person or entity.
You are responsible for keeping your username and password confidential and acknowledge that Inner Circle is not responsible for third party access to Your Account that results from sharing, theft or misappropriation of your username and password. We strongly encourage you to choose a secure password that is hard to guess. Do not reveal your password to anyone. If you think your password has been compromised, please change it immediately via the 'My Account' page.
Please be careful with disclosing information and content via Your Account
For detailed rules on information and content that is and is not allowed on our App and Website, please refer to our Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle

Risks and precautions

We do not conduct (criminal) background checks in relation to members of Inner Circle.
You are solely responsible for taking all appropriate safety precautions in connection with the use of the website and app and contacting other members. You accept that there are risks interacting online or offline with other members, including dating and meeting other members.
We do not guarantee or verify the accuracy of information provided to you by other members. Inner Circle makes every effort to keep the information made available on the website and app accurate and up to date, but we do not guarantee that the information is accurate, complete or current. no rights can be derived from it. Any reliance on the provided information is at your own risk.
We do not warrant that the website or app will be available uninterrupted and in a fully operating condition. All content and services on the Website or App are provided on an "as is" and "as available" basis. Any decisions or actions taken by you on the basis of the information provided on or via the Website and App are at your sole discretion and risk.

Reporting disputes and other issues

Inner Circle provides an online platform service within the meaning of Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act). Our Community & Safety Guidelines set out the content moderation policies, measures and tools, the notice-and-action mechanism, and the internal complaints handling procedure that apply to our service.
Please report any behaviour or complaints you encounter which is in breach of these Terms and Conditions, including the Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle via support@theinnercircle.co, including any behaviour which may be harmful, threatening, harassing or unlawful behaviour.
If you wish to report another member, you can inform us by selecting the appropriate option on their account.
You can read more on our notification procedures in our Community & Safety Guidelines https://about.theinnercircle.co/how-to-use-inner-circle.
Other than as described in the Community & Safety Guidelines, we are not obliged to become involved in any domestic or private disputes between members and do not provide any arbitration- or settlement-service.
If you choose to invite someone to the Website or App through our 'Invite friends' feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges made against communications sent from your device. Because an invitation is coming directly from your personal account, social networks do not have access to or control over this communication.

Third Parties

The Website and App may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Your correspondence or business deals with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Website or App (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser.
To the extent permitted by mandatory consumer law, you agree that Inner Circle will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings. This limitation of liability does not exclude or limit any liability of Inner Circle to the extent such liability cannot be excluded or limited under mandatory law, including in the event wilful misconduct or gross negligence on the part of Inner Circle, and does not affect your statutory rights as a consumer.

Events

Inner Circle organizes events for its members. We reserve the right to refuse members access to events where this is reasonably necessary (for example in case of non-compliance with dress codes, house rules or these Terms and Conditions). Events are offered on a first come, first served basis. Unless otherwise required by mandatory consumer law or unless we cancel the event, we do not refund tickets in case of no-shows or late arrival of special guests in relation to any event.
Purchased tickets will, in principle, not be refunded by Inner Circle, except where you are entitled to a refund under mandatory consumer law or where we cancel the event. Inner Circle only facilitates contact between members for this purpose and will not be a party to, nor accept responsibility or liability for, any resale transaction between members.
We have the right to refuse or prohibit events that are organized by members via the Website or App and/or by using the Inner Circle trademark, if such events are contrary to these Terms and Conditions, our Community & Safety Guidelines or applicable law.
We have the right to cancel events at any time if there are valid reasons to do so (for example in case of force majeure, insufficient registrations or safety concerns). In such cases you are entitled to a refund of the ticket price already paid or, where offered and chosen by you, a replacement ticket for a comparable event, without prejudice to your statutory rights under mandatory consumer law.
Inner Circle events are not always for members only. For some events non-members may also attend. Where this is the case, this will be indicated in the event information.
Photographs taken at events organized by us may be used for promotional purposes. This may include photographs taken of members that attend our events.
Both Inner Circle and the venue/partner will not accept responsibility or liability whatsoever for any kind of injury, loss or damage suffered by any person to their property while present at an event, except where such loss or damage is caused by their wilful misconduct or gross negligence.

Matching parameters

At Inner Circle, we are committed to providing a transparent and enjoyable dating experience by explaining how our matching system works. Our goal is to connect you with potential partners who share your interests and preferences, thereby increasing the chances of meaningful connections. We match you with other users based on the following parameters – but please note we continually update and improve our matching algorithms to improve functionality and user experience:
- Geographical Proximity: We use your location to show you potential matches who are within your preferred geographical radius. You can adjust this setting to widen or narrow the range of your search.
- Search filters: Your match suggestions are influenced by the preferences you set, such as age range, gender, and other criteria you specify.
- Profile Information and Interests: We analyze the information you provide in your profile, including your interests, hobbies, and the descriptions you write about yourself.
- User Activity and Engagement: How active your account is on the platform influences the visibility of your profile.
- Behavioral data: data derived from user interactions, such as profiles liked, matches and conversations might be used to suggest matches.
- Boosted users: for users that have paid for the Boost Feature (see below) the probability of matching with other profiles is enhanced. These users are visible as 'boosted users'.
We make a commitment to fairness and privacy by ensuring that our algorithm is designed to treat all users fairly. It does not make decisions based on categories protected under anti-discrimination laws, such as race, religion, or sexual orientation.

Boosts

Users can use the pay-per-use feature "Boost" by way of purchase (the "Boost Feature"), which temporarily boosts the visibility of the user Account on the platform. The Boost Feature becomes available after confirmation of payment and can be used after activation by the User.
At its own discretion, Inner Circle may set conditions before Boost Feature becomes available for Users.
Inner Circle determines the full effect and extent of the Boost Feature. This may, among other factors, include temporal and geographical limitations. Inner Circle may also limit the number of times or frequency the Boost Feature can be activated or purchased.
Activating the Boost Feature may enhance the probability of matching other profiles. We do, however, not make any warranties (neither express nor implied) with respect to creating matches on the Website or App with use of the Boost Feature.

Intellectual Property Rights

By submitting, providing, transmitting or otherwise sharing information and content via the Website or App, you grant us a non-exclusive, royalty-free, worldwide license of any rights, including intellectual property rights, on such information and content, to (re)publish and otherwise use any such content in any format on the Website, in the App, in ads, or other shielded areas that are only accessible by other members of Inner Circle.
Inner Circle is the exclusive owner of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) that vest in the design and content of the Website, App and the underlying software and database.
The Website and App are intended solely for your personal, non-commercial use. Any other use of the Website and App requires prior written permission of Inner Circle.

Limitation of liability

Inner Circle provides its Service with reasonable skill and care in accordance with the description provided in these Terms. Inner Circle does not guarantee that the Service will result in a match, meeting, or relationship, nor that the Service will be uninterrupted, error-free, or entirely secure.
To the extent permitted by mandatory law, Inner Circle's liability arising out of or in connection with the Service is limited to direct damages actually suffered by you. Inner Circle shall not be liable for indirect or consequential damages, including but not limited to loss of profit, loss of data (except where Inner Circle is at fault in its data processing obligations), reputational damage, loss of business opportunity, or emotional distress arising from interactions with other users.
Inner Circle's total aggregate liability to you under or in connection with these Terms, regardless of the cause of action (whether in contract, tort, or otherwise), shall not exceed the higher of: (a) EUR 250; or (b) the total fees you have paid to Inner Circle in the twelve (12) months immediately preceding the event giving rise to the claim.
In no event, to the extent permitted by law, will Inner Circle and its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of services, including (but not limited to) bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other members or persons you meet through our website or app, or resulting from any other service we provide.
Inner Circle is not liable for any loss or damage arising from your reliance on information, advice, or recommendations made available through the Service, nor for temporary unavailability of the Service due to scheduled maintenance or circumstances beyond Inner Circle's reasonable control (force majeure).
Nothing in these Terms shall exclude or limit our liability for our fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents, liability arising from Inner Circle's wilful misconduct or gross negligence, any liability that cannot be excluded or limited under mandatory consumer protection law applicable to you in your jurisdiction.

Indemnity

You agree to indemnify and hold harmless Inner Circle, its affiliates, officers, employees, and agents from and against any third-party claims, demands, or proceedings (including reasonable legal costs) to the extent that such claims are the direct result of (a) your unlawful use of the Website or App, (b) your breach of these Terms or the Privacy Policy, or (c) any infringement of third-party rights by content you upload or otherwise make available via Your Account. This indemnity will not apply insofar as any claim, action, or demand is caused by or attributable to Inner Circle's own failure to comply with its legal or contractual obligations. We will notify you without undue delay of any such claim, suit, or proceeding and, where reasonably possible, give you the opportunity to participate in or assume the defence. Nothing in this clause affects your statutory rights as a consumer under applicable law.

Third Party Disputes

Inner Circle is not affiliated with any service provider, or third party service, and any dispute you may have with any service provider, third party service or other third party, including, without limitation, any other user of the service, is directly between you and such third party, and you irrevocably release Inner Circle from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Other

In the event Inner Circle is acquired in whole or merges with another company in a transaction involving the transfer of rights and obligations under these Terms, these Terms will continue to apply to the acquiring entity. We will notify you of such a transfer. Such an event does not affect your right to terminate your subscription. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be void by any court or regulator, the other provisions shall continue to apply. We will adjust these Terms as necessary, in which case the invalid terms will be replaced by valid terms that differ the least from the concerned invalid terms.
These Terms are not intended to give rights to anyone except you and us.

Governing law and Jurisdiction

These terms and all agreements between Inner Circle and you are governed by Dutch law. If you are a consumer residing in a country within the European Economic Area, the United Kingdom, or Switzerland (European Consumer), this choice of law does not affect the protection you may enjoy under mandatory law in the country where you reside.

All disputes and claims arising from or related to these terms will be submitted to the competent court in the Netherlands.

As a European Consumer, you may bring disputes before the court of the European country where you reside, or before the court in Amsterdam. Likewise, we may, if you are a European Consumer, submit disputes to the court of the country where you reside. Consumers who are not European Consumers may submit disputes exclusively to the court in Amsterdam, unless mandatory law in the consumer's country provides otherwise regarding jurisdiction.

Inner Circle, the Website and App are exploited by:

Circle Imperium B.V. trading under the name Inner Circle
Prins Hendrikkade 164-C
1011 TB Amsterdam
The Netherlands
Chamber of Commerce (KvK): 60993448
VAT (BTW): NL854155004B01
www.theinnercircle.co