TERMS OF USE

Restrictions in Public fields of the User Profile

In the user generated fields in the User Profile that is visible to other members, the users are forbidden to:

1. Sharing personal contact information (e.g., phone numbers, email addresses, social media handles) in public fields such as bios, locations, or professions, unless specifically requested by the platform.
2. Apart from the User Profile text fields, this restriction also applied to text embedded on the pictures the user adds to the profile.
3. Advertising or soliciting any illegal activities, including but not limited to prostitution or escort services.
4. Using the platform for any purpose that violates local, national, or international laws or regulations.

Monitoring and Removal

FindingYou reserves the right to monitor, edit, or remove any user-generated content that violates these Terms and Conditions or is deemed inappropriate by the platform at its sole discretion. Violations may result in warnings, content removal, or permanent account suspension without prior notice.

FindingYou Enforcement Measures

We use a combination of automated systems and a team of moderators to monitor and review FindingYou Accounts and messages for Content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any FindingYou Account, restrict access to the Platform, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your FindingYou Account without notice (1) for violating these terms, (2) due to your conduct on the Platform, or your conduct with other users of the Platform (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, or (3) for any reasons whatsoever that we deem, in our sole discretion, justifies termination.

If your FindingYou Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. You may not access, tamper with, or use non-public areas of the Platform or our systems. Certain portions of the Platform may not be accessible if you have not registered for a FindingYou Account.

2. User Representations and Warranties

As a User of the Platform, you represent and warrant that;

1. You shall comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
2. You shall use your real legal name and age in creating the FindingYou Account and your profiles; and
3. You shall use the Platform in such manner as we intend to provide it.

As a User, you further agree that;

1. You will not act in an unlawful or unprofessional manner, including being dishonest, abusive, or discriminatory;
2. You will not misrepresent your identity, age, current, or former positions, qualifications, or affiliations with any person or entity;
3. You will not disclose information that they do not have the consent to disclose;
4. You will not stalk or harass any other Users of the App;
5. You will not operate a pyramid scheme, fraud or other similar practice; or
6. You will not develop, support, or use software, devices, scripts, robots, or other automated means to access or use the App or to scrape, exfiltrate, or otherwise reproduce profiles and other data from FindingYou or its services.

If you witness any abuse or violation of our Terms or Policies, you are encouraged to report such incidents, or the users engaged in causing such incidents or propagating illicit or harmful content by contacting us through our support email. We reserve the right to investigate any possible violations of these Terms, any FindingYou Users’ rights, or any third party’s rights, and we may, at our sole discretion, immediately terminate any User’s right to use the Platform without prior notice and/or remove any improper, infringing, or otherwise unauthorized Member Content submitted to the Platform. Because we have no control over what our users say or do, you are solely responsible for your interactions with other App users.

YOU ARE AWARE THAT FindingYou DOES NOT CURRENTLY COVER ITS USERS WITH A BACKGROUND REVIEW. FindingYou DOES NOT EITHER INQUIRE INTO THE BACKGROUNDS OF ITS USERS NOR TRY TO VERIFY THEIR STATEMENTS. FindingYou MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF CURRENT OR FUTURE USERS OR THEIR COMPATIBILITY WITH CURRENT OR FUTURE USERS. FURTHER, IT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENING (INCLUDING SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE PUBLIC RECORDS FOR ANY PURPOSE.

You agree to release FindingYou and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, arising directly or indirectly from your interactions with or conduct toward other Platform Users.

3. Modifying the Service and Termination

FindingYou is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some existing features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before implementing them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Termination by User

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however, if you use a third-party payment account, you will need to manage in-app purchases through such an account (e.g., iTunes, Google Play) to avoid additional billing.

Termination by FindingYou

FindingYou may terminate your FindingYou Account at any time without notice if it believes that you have violated this Agreement, have misused the Platform, or have otherwise demonstrated conduct which FindingYou regards as inappropriate or unlawful (whether on or off the Platform). FindingYou reserves the right to a) warn you via email (to any email addresses you have provided to FindingYou) that you have violated the Terms; (b) delete your User Content; (c) discontinue your FindingYou Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which FindingYou deems to be appropriate. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except the provisions that by virtue of their intent are meant to survive. For clarification, Confidentiality, Intellectual Property Rights, User Indemnification, and Limitation of Liability shall survive the termination of this Agreement.

4. Safety; Your Interactions with Other Members.

Though FindingYou strives to encourage a respectful User experience, it is not responsible for the conduct of any User on or off of the Platform. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow FindingYou Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST judgement AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE PLATFORM, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY FindingYou, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though FindingYou strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Platform. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Platform or meet in person.

You understand that Finding You does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. Finding You makes no representations or warranties regarding the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of users. Finding You reserves the right to conduct – and you authorise Finding You to conduct – any criminal background check or other screenings (such as sex offender registry searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.

5. Rights FindingYou Grants You- Your Rights to the Platform Use

FindingYou grants you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Platform. This licence is for the sole purpose of letting you use and enjoy the Platform’s benefits as intended by FindingYou and permitted by this Agreement. Therefore, you agree not to:

• use the Platform or any content contained in the Platform for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without FindingYou’s prior written consent.
• express or imply that any statements you make are endorsed by FindingYou.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
• use the Platform in any way that could interfere with, disrupt or negatively affect the Platform or the servers or networks connected to the Platform.
• upload viruses or other malicious code or otherwise compromise the security of the Platform.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform.
• “frame” or “mirror” any part of the Platform without FindingYou’s prior written authorization.
• use meta tags or code or other devices containing any reference to FindingYou or the Platform (or any trademark, trade name, service mark, logo or slogan of FindingYou) to direct any person to any other website for any purpose.
• modify, adapt, sublicence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform, or cause others to do so.
• use or develop any third-party applications that interact with the Platform or other members’ Content or information without our written consent.
• use, access, or publish the FindingYou application programming interface without our written consent.
• probe, scan or test the vulnerability of our Platform or any system or network.
• encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service, including termination of your FindingYou account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

6. Rights you Grant FindingYou– Our Rights

You own all of the content you provide to FindingYou, but you also grant us the right to use Your Content as provided under these Terms.

By creating a FindingYou account, you grant to FindingYou a worldwide, transferable, sub-licensable, royalty-free, right and licence to advertise, host, store, use, copy, display, reproduce, adapt, edit, publish, modify, translate, reformat, incorporate into other works and distribute the information you authorise us to access from Facebook or other third-party sources (if applicable in whole or in part, and in any way and in any format or medium currently known or developed in the future, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Platform (collectively, “Content”).

FindingYou’s licence to your Content shall be non-exclusive, except that FindingYou’s licence shall be exclusive with respect to derivative works created through the use of the Service. For example, FindingYou would have an exclusive licence to screenshots of the Platform that include your Content. In addition, so that FindingYou can prevent the use of your Content outside of the Service, you authorise FindingYou to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. However, please note that FindingYou is not obligated to do so.

Our licence to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Platform and researching and developing new ones. You agree that any Content you place or that you authorise us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other FindingYou members). Additionally, you understand and agree that we may also monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgement violates this Agreement or may harm the reputation of the Service.

In consideration for FindingYou allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to FindingYou regarding our Service, you agree that FindingYou may use and share such feedback for any purpose without compensating you.

Please be informed that FindingYou may access, store and disclose your FindingYou account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

7. FindingYou’s Rights- Intellectual Property Rights

Finding You owns or licences all other content on the Platform and its Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services are owned, controlled, or licenced by us and protected by copyright, trademark, and other intellectual property law rights.

All rights, title, and interest in and to Our Content remain with us at all times. We grant you a limited licence to access and use Our Content as provided under Section 5 above , and we reserve all other rights.

8. Community Rules

By using the Platform, you agree that you will not:

• use the Platform for any purpose that is illegal or prohibited by these Terms
• use the Platform for any harmful or nefarious purpose
• use the Platform in order to damage FindingYou
• violate our Community Guidelines, as updated from time to time.
• spam, solicit money from or defraud any members.
• impersonate any person or entity or post any images of another person without their permission.
• bully, stalk, intimidate, assault, harass, mistreat or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that contains hate speech, is threatening, sexually explicit or pornographic.
• post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his or her permission.
• use another member’s FindingYou account, share an account with another member, or maintain more than one account.
• create another account if we have already terminated your FindingYou account unless you have our permission

Reporting

As a member of the Finding You community, we encourage you to speak up and speak out. If someone is causing you harm, making you feel uncomfortable, or is violating our Community Guidelines – report it. Your report is always confidential. By reporting, you can help us stop harmful behaviour and protect others.

FindingYou reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that FindingYou regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Purchases and Subscriptions

FindingYou offers you the opportunity to purchase products, services or subscriptions. Any purchased subscriptions shall be automatically renewed and you will be charged until you cancel.

Generally from time to time, FindingYou may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play, carrier billing, FindingYou direct billing or other payment platforms authorised by FindingYou. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise FindingYou or the third party account, as applicable, to charge you.

If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. 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.

10. Auto-Renewal; Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to our Customer support if you were billed directly by FindingYou or the relevant third-party account such as iTunes. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on FindingYou or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on FindingYou) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the FindingYou application from your device. Deleting your account on FindingYou or deleting the FindingYou application from your device does not terminate or cancel your subscription; FindingYou will retain all funds charged to your Payment Method until you terminate or cancel your subscription on FindingYou or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay FindingYou directly with your Payment Method. If you pay FindingYou directly, FindingYou may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, FindingYou may terminate your account immediately in its sole discretion.

You may edit your Payment Method information in the FindingYou app. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

11. Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund

If you subscribed using your Apple ID, refunds are handled by Apple, not FindingYou. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through FindingYou directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or FindingYou (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number.

If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

12. Pricing

FindingYou operates a global business and provides services to a diverse community of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.

13. Astrology Feature on FindingYou

The astrology feature (including “Lucky Times” functionality) provided by FindingYou is designed solely for entertainment purposes. Although the feature is backed by prior research and insights from qualified astrology professionals, FindingYou does not guarantee the accuracy, completeness, or validity of any astrological predictions or insights generated by this feature.

The use of this feature is entirely at the User’s own discretion and risk. By using the astrology feature, you acknowledge and agree that FindingYou is not responsible for any actions, decisions, or outcomes that may arise from your use of the astrological content. FindingYou expressly disclaims any and all liability for any direct, indirect, incidental, consequential, or any other type of damages or losses resulting from the use of or reliance on the astrology feature.

If you have any concerns or questions about your relationships, personal well-being, or other significant matters, we strongly encourage you to seek professional advice from qualified individuals.

14. Your interaction with our chatbot “Romeo”

Romeo is an automated chatbot with a profile picture of a cat, designed to provide users with recommendations on how they can amend their profiles. Romeo is not a human advisor and any information or advice provided by Romeo should not be construed as financial, legal, medical, or any other form of professional advice.

Users are strictly requested to use their own judgement and acumen before implementing any advice or recommendations provided by Romeo. Any implementation of Romeo’s advice shall not guarantee any results or outcomes and may not meet any specific objectives.

By interacting with Romeo, you acknowledge and agree that FindingYou is not responsible for any actions, decisions, or outcomes resulting from the use of Romeo’s advice. FindingYou expressly disclaims any and all liability for any direct, indirect, incidental, consequential, or any other type of damages or losses arising from the use of or reliance on Romeo’s recommendations.

15. Celebrity/Public Figure compatibility feature

The celebrity compatibility feature on the Platform is for entertainment purposes only. Please note that the celebrities included in this feature do not endorse, sponsor, or have any affiliation with FindingYou.

Any similarities or compatibility results generated by the celebrity feature are purely coincidental. The use of celebrity names and likenesses is not intended to imply any association or endorsement by the celebrities.

If you represent a celebrity and wish to have their name or likeness removed from our app, please contact us at contact_us@FindingYou.me, and we will promptly address your request.

16. Notice and Procedure for Making Claims of Copyright Infringement

If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

All takedown requests should be sent to contact_us@FindingYou.me. FindingYou will terminate the accounts of repeat infringers.

17. Third-Party Services

The Platform and Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. FindingYou is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. FindingYou is not responsible or liable for such third parties’ terms or actions.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FindingYou, NOR ANY OWNER, DIRECTOR, EMPLOYEE, AFFILIATE, PRINCIPLE, OR ANY RELATED PARTIES INCLUDING LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, PROFITS, OR DATA WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF USE, GOODWILL, OR OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

EVEN IF FINDING YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE ABOVE LIMITATIONS SHALL APPLY AND REMAIN IN FORCE WITH FULL EFFECT. IF YOU BECOME DISSATISFIED WITH THE PLATFORM OR OUR SERVICE IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APP AND WEBSITE. YOU HEREBY WAIVE ALL CLAIMS RELATING TO YOUR USE OF THE PLATFORM AND OUR SERVICES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR WHATEVER REASON, THEN OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF MONEY YOU HAVE PAID TO FindingYou IN THE PAST 12 MONTHS PRECEDING SUCH DETERMINATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO FINDING YOU FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

THE LIMITATION OF LIABILITY CONTAINED HEREIN REFLECTS A FAIR ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES SET FORTH HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. NOTHING IN THE FOREGOING APPLIES TO ANY LIABILITY ARISING FROM FRAUD OR FRAUDULENT REPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Use Disclaimer

PLATFORM, OUR CONTENT, AND MEMBER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY USER MATCHES, WITHOUT LIMITATION.

IF APPLICABLE LAW DOES NOT ALLOW THE ABOVE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, WE WILL PROVIDE THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY SET FORTH IN THIS SECTION.

ADDITIONALLY, WE MAKE NO GUARANTEES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR THAT THE PLATFORM, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PART THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOU USE THE PLATFORM AT YOUR OWN RISK. YOU ALONE ARE RESPONSIBLE FOR YOUR CORRESPONDENCE WITH OTHER USERS. FindingYou IS NOT RESPONSIBLE FOR ANY USER’S CONDUCT.

19. Dispute Resolution

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law. Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 13b, 13c, 13d, and 13e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission.

FindingYou does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland. All Users, irrespective of their region of strongly encouraged to utilise the “Pre-Arbitration dispute resolution process” before invoking their right to a formal arbitration hearing.

Pre-Arbitration dispute resolution process- Informal Dispute Resolution Process

If you are unhappy with our Services or the Platform for any reason, please reach out to FindingYou Customer Service first so we can attempt to address your concerns without external help. If you decide to pursue a dispute, claim, or controversy against FindingYou, these terms will be in effect. For the purposes of the Dispute Resolution Process and Arbitration Procedures detailed in Section 15, “FindingYou” includes our affiliates, employees, licensors, and service providers.

Before initiating the arbitration procedure, you and FindingYou agree to notify each other in writing of the said dispute at least sixty days before initiating formal arbitration. Notice to FindingYou must be sent by email at contact_us@FindingYou.me. A copy must also be sent to our registered address at 19 Rue de l’Industrie, L-8069 Bertrange, Luxembourg. Each Notice of Dispute must include your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your FindingYou account (if different from your current information); and a detailed description of the nature of the claim and the relief sought from us. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and FindingYou).

You and FindingYou agree to attempt in good faith to resolve any claim or dispute covered by this Arbitration Agreement through teleconference or videoconference or in person, whatever the case may be based on Parties’ convenience and mutual agreement. If either party is represented by counsel, that counsel may participate in the informal conference to resolve the dispute. All offers, promises, conduct, and statements made during the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or non-discoverable as a result of its use during the informal dispute resolution process.

The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the User may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for Arbitration. Failure to do so is a breach of this Agreement, and no demand for Arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.

Formal Dispute Resolution System- Arbitration between Parties

Disputes that cannot be resolved through Pre-Arbitration dispute resolution process shall be referred to Arbitration. This Arbitration Agreement applies to any and all disputes or claims (whether based in contract, tort, statute, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and FindingYou arising out of or relating to the Terms, prior versions of the Terms, your use of our App or Website, or any other aspect of your relationship with FindingYou, including claims or disputes arising (but not actually filed in arbitration) before the effective date of this Arbitration Agreement. By entering into these Terms, you and FindingYou agree that such disputes or claims will be resolved by binding arbitration, rather than in court, with the following exceptions: (i) you or FindingYou may assert individual claims in small claims court if your claims qualify; and (ii) you or FindingYou may seek equitable relief in court for infringement or misuse of intellectual property rights.

Rules of Arbitration

The Luxembourg Arbitration Act (Title 1, New Code of Civil Procedure) governs this Arbitration Agreement and applies to its interpretation and enforcement. Additionally;

• The Venue and Seat of Arbitration Proceedings shall be Luxembourg City and the Luxembourg Chamber of Commerce Arbitration Rules (“Rules”) shall apply. A copy of the Rules can be found here.
• The language of Arbitration Proceedings shall be English;
• Costs of Arbitration Proceedings shall be equally borne by both Parties.

Dispute between Users

FindingYou shall not be a party to any dispute that arises between two or more Users of its Platform and will only act as an Adjudicator between them. Users are encouraged to report any disputes to FindingYou via email at contact_us@FindingYou.me.

Waiver of Jury Trials

YOU AND FindingYou ARE EACH WAIVING THEIR RIGHT TO A JURY TRIAL BY CONSENTING TO ARBITRATION. You and FindingYou have elected to have all claims and disputes resolved through arbitration pursuant to this Arbitration Agreement. The Arbitrator has the same ability to award damages and relief as a court and must obey the terms of this Agreement as a court would. In arbitration, there is neither a judge nor a jury, and judicial review of an arbitration award is limited.

Severability of this Arbitration Agreement

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

If a Court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court.

All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.

20. Survival

The terms of this Arbitration Agreement will continue, even after your relationship with FindingYou has ended.

21. Indemnity by User

All of your actions and your information posted on FindingYou shall remain your sole responsibility. Therefore, you agree to indemnify, defend, release, and hold us harmless, as well as our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising out of or in connection with any negligent acts, omissions or wilful misconduct by you, your access to and use of the Platform the uploading or submission of Content to the App by you, any breach of these Terms by you; and/or your violation of any law or of any rights of any third party.

Without your consent, we reserve the right to resolve, compromise, and pay any and all claims or causes of action brought against us. If we request it, you will cooperate with us in the defense of any relevant claim in a reasonable and complete manner. The preceding provision does not require you to indemnify FindingYou for any unfair business practice, fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact relating to the Platform.

22. Communication with our Customer Care Representatives

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

23. Miscellaneous Provisions

Entire Agreement. This Agreement, along with the Privacy Policy, Community Guidelines, Cookie Policy, the Safety Tips, the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and FindingYou regarding the use of the Platform.

Severability. If any provision of this Agreement is held invalid, illegal or otherwise unenforceable by a Court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable it shall be severed and deleted from the Agreement but the remainder of this Agreement shall continue in full force and effect.

Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No Assignment of Rights and licences. You agree that your FindingYou account is non-transferable and all of your rights to your account, licences granted to you and its Content are non-assignable.

Relationship between Parties. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind FindingYou in any manner.

No Warranty. FindingYou is merely an “aggregator” and shall not accept any liability or claim in connection with the fitness for a particular purpose or merchantability of the FindingYou App. FindingYou has taken reasonable measures to ensure the currency, availability, accuracy, and completeness of the information on FindingYou, which is provided “as is” and “as available.” FindingYou does not make any express or implied warranties or representations regarding the information contained on the Platform. Use of FindingYou and all available content is at your own discretion. FindingYou is not liable for any damages resulting from the transmission or use of inaccurate User Content or data.

Further, Users are responsible for taking all precautions necessary to ensure that any content they obtain from FindingYou is free of viruses and other potentially destructive components. Users acknowledge that FindingYou will not be provided uninterrupted or error-free, that defects may not be corrected, and that neither FindingYou nor the server that makes it available are free of viruses or other malware. FindingYou is not liable for any damage to the User’s computer hardware, computer software, or other equipment or technology, including, but not limited to, damage resulting from a security breach or any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.

Changes to these Terms. As FindingYou grows and introduces new features and functionalities, we might have to make changes to these Terms and therefore we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know.

You are advised to regularly check this page for notice of any Changes, as we want our Users to be as informed as possible. Your continued use of FindingYou following any Change constitutes your acceptance of such Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using FindingYou immediately.

24. Governing Law

Your access to the Platform, FindingYou Content, and any User Content, any claims arising from or related to your relationship with FindingYou, and these Terms are governed and interpreted by the laws of Luxembourg. All claims arising out of or relating to these Terms and/or your relationship with FindingYou that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the Arbitration provisions herein, will be litigated exclusively in the Courts holding appropriate jurisdiction to adjudicate in Luxembourg. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on an inconvenient forum. You agree that you will not file or participate in a class action against us.

25. Contact Us

If you have any feedback, questions, concerns or queries regarding the Platform, our Website, these Terms, our Services or anything in connection thereto, please feel free to reach out to us via email at contact_us@FindingYou.me.