Terms Of Service
Last updated: March 1, 2021
PLEASE READ THE TERMS OF SERVICE CAREFULLY
1. AGREEMENT TO TERMS
- 1. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), andMeetPal Inc, a corporation bearing File number 3218810 (“we,” “us” or “our”), concerning your access to and use of the “MeetPal” Mobile Application (the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- 2. Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the App after the date such revised Terms are posted.
- 3. The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- 4. Users below the age of 13 are NOT allowed to use the App or any of its Services. Users below the age of 18 but above the age of 13 can use the App, however, they are not allowed to use employment service, marketplace service, dating service or participate in any kind of romantic communications with other users.
2. TERMS OF ARRANGEMENT
- The App (MeetPal) is a mobile application that provides Social Networking, Dating, Online Marketing, and Chat services. It allows users to send text messages and voice messages, make voice and video calls, and share images, documents, and other media. Users can set the filters according to their requirements like distance, age, height, dating, education, religion, ethnicity, interest/field to search and connect with other users for social networking, dating, or promoting his/her service or product (hereinafter referred to as “Services”). THE CORPORATION DISCLAIMS RESPONSIBILITY FOR ANY ILLEGAL USE YOU MAKE OF THE APP.
3. USER REGISTRATION
- 1. In order to use some or all of the functionalities and Services provided through the App, you may be required to register an account with your email address or phone number. You will also be asked to complete your profile by entering information such as date of birth, location, images, bio, etc. in your Profile. You will be able allowed to add your other social media accounts including but not limited to Instagram, Twitter, and LinkedIn information on your Profile.
- 2. As a personal account holder, you represent, warrant, and covenant that:
- You have full power and authority to accept these Terms, to grant any license, and authorization and to perform any of your obligations hereunder.
- You will undertake the use of the App for personal purposes only.
- The address you provide when registering is your valid address.
- You will not use the App for any illegal or unauthorized purpose.
- Your use of the App will not violate any applicable law or regulation.
- 3. As a business account holder, you represent, warrant, and covenant that:
- You are the person who ultimately owns or controls the business or who exercises ultimate effective control over the business or you are an individual authorized to act on behalf of the business.
- You have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder.
- You undertake the use of the App for business purposes.
- You must not use your account for any kind of illegal or unauthorized purpose.
- Your use of the App will not violate any applicable law or regulation.
- The address you provide when registering is your valid address.
- You agree that your FULL business address is shown on your profile.
- 4. You must not allow any other person to use your account to access the App. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- 5. You must not use any other person’s account or business’s account for which you are not authorized to access the App unless you are authorized or you have that person’s express written permission to do so.
4. ACCOUNT NAME AND PASSWORD
- 1. If you register for an account with the App, you may be asked to choose an account name. Your account name must not be misleading and must comply with the content rules set out in this document; you must not use your account or account name for or in connection with the impersonation of any person.
- 2. You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account, or password.
- 3. You must notify us in writing immediately if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
- 4. You shall be responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
5. ACCOUNT DELETION AND DEACTIVATION
- 1. You shall have an option to delete your Account/Profile by submitting a Deletion request through the App. Upon receipt of the Deletion request, your account will be permanently deleted after seven (07) days. If you login to the App any time prior to the said seven (07) days of submission of the Delete request, the deletion process shall be canceled. Beyond the grace period of seven (07) days, you shall have no right to ask us to reactivate your Account.
- 2. After submitting a Delete request as per the above clause, you shall not be allowed to log into your account immediately, and your account will be deactivated for six (06) hours after submitting the said Delete request.
- 3. You may submit a Deactivation request to deactivate your Account/Profile temporarily. After submitting a Deactivation request, you shall not be allowed to log into your account immediately, and your account will be deactivated for two (02) hours after submission of the Deactivation request.
- 4. After submitting a Delete or Deactivation request, the User Account/Profile will not be shown/visible in the search.
6. IN-APP PURCHASES
- 1. The App allows Users to make in-app purchases. Users can subscribe to either One (01) Month Membership Package, Six (06) Months Membership Package, or One (01) Year Membership Package.
7. YOUR CONTENT AND YOUR RESPONSIBILITIES
- 1. Definition of Your Content. The App enables you to post content and add posts, texts, photos, videos, and links to share with others. All material that you upload, publish, or display to others via the App will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the App, Your Content may be viewed by the general public.
- 2. Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
- 3. License and Permission to Use Your Content. By submitting, posting, or displaying Your Content on the App, you grant App and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the App or the promotion, advertising or marketing of the App or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for App to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with App for the syndication, broadcast, monetization, communication, and making available to the public, distribution or publication of Your Content on the App or through other media or distribution methods. This license also includes the right for other users of the App to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service.
- 4. The App may remove or edit Your Content on the App at any time. Any edits and changes made by you may be visible to other users. The right for App to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use Your Content you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- 5. You acknowledge and agree that the App may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the App, its users, or the public.
- 6. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display, or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- 7. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the App or in violation of our Terms of Service.
- 8. Your Responsibilities for Your Content. By posting Your Content on the App, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate App’s Acceptable Use Policy, Copyright Policy, Trademark Policy, other published App policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- 1. The App may include advertisements, which may be targeted to content or information on the App, queries made through the App, or other information, in an effort to make them relevant to you. The types and extent of advertising by App are subject to change. In consideration for App granting you access to and use of the App, you agree that App and its third-party providers and partners may place such advertising on the App. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the App.
9. WEB RESOURCES AND THIRD-PARTY SERVICES
- 1. The App may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risks arising out of your use of such websites or resources.
10. SERVICES THAT REQUIRE SEPARATE AGREEMENT
- 1. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
11. INTELLECTUAL PROPERTY RIGHTS OF APP
- 1. Unless otherwise indicated, the App is our proprietary property and except the intellectual property rights (including articles, logos, trademarks and content) of the third-party websites, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- 2. Provided that you are eligible to use the App, you are granted a limited license to access and use the App. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
12. USER REPRESENTATIONS
- 1. By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not under the age of 13; (5) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
- 2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
13. PROHIBITED ACTIVITIES
- 1. You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- 2. As a user of the App, you agree not to:
- 1. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 2. Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under false pretenses.
- 3. Use the App to advertise or offer to sell illegal goods and services.
- 4. Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
- 5. Engage in unauthorized framing of or linking to the App.
- 6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- 7. Make improper use of our support services or submit false reports of abuse or misconduct.
- 8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 9. Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- 10. Attempt to impersonate another user or person or use the username of another user.
- 11. Sell or otherwise transfer your profile.
- 12. Use any information obtained from the App in order to harass, abuse, or harm another person or user of the App.
- 13. Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
- 14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
- 15. Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
- 16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
- 17. Delete the copyright or other proprietary rights notice from any Content.
- 19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
- 20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear Graphics Interchange Formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “Spyware” or “Passive Collection Mechanisms” or “PCMs”).
- 21. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
- 22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
- 23. Use the App in a manner inconsistent with any applicable laws or regulations.
14. USE LICENSE
- 1. If you access the App via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
15. APPLE AND ANDROID DEVICES
- 1. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”): (1) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this App license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this App license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App license contained in these Terms of Service against you as a third-party beneficiary thereof.
- 1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
17. APP MANAGEMENT
- 1. We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
19. COPYRIGHT INFRINGEMENTS
- 1. We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
20. TERM AND TERMINATION
- 1. These Terms of Service shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
- 2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
21. MODIFICATIONS AND INTERRUPTIONS
- 1. We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
- 2. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Service will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
22. GOVERNING LAW
- 1. These Terms of Service and your use of the App are governed by and construed in accordance with the laws of Delaware, USA applicable to agreements, without regard to its conflict of law principles.
- 1. There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
- 1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) use of the App; (3) breach of these Terms of Service; (4) any breach of your representations and warranties outlined in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
- 1. We will maintain certain data that you transmit to the App to manage the App, as well as data relating to your use of the App. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- 1. Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- 2. By accessing or using the App and/or using Services as set out in the Terms of Service, you consent to receive SMS messages from us to verify the phone number associated with your MeetPal account. In addition, if you forgot your password to log in with the phone number and request to reset your password, a link is automatically sent by SMS to the phone number associated with your MeetPal account. Message and data rates may apply.
27. CONTACT US
- 1. To resolve a complaint regarding the App or to receive further information regarding the use of the App, please contact us at email@example.com.