Amorzee Terms and Conditions

Welcome to Amorzee Socializing app by Infinity Europ SARL! These terms and conditions ("Terms") apply to your use of the Amorzee darting app ("App") and any related services provided by Amorzee ("Service"). By accessing or using the App or Service or by creating an account, you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy, all of which are incorporated by reference into these Terms and Conditions.

We may make changes to these Terms and to the Service from time to time. We may do this for numerous reasons including but not limited to reflecting changes in or requirements of the law, new features, or changes in business practices and policies. The most recent version of these terms will be posted on the website, and you should regularly check for the most recent version, which will always apply. If any proposed changes include material changes to your rights or obligations, we will notify you at least 45 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service, website or via email. If you continue to use the Service after the changes have become effective, then you are deemed to agree to the revised Agreement.

1.Accounts and Membership

Accounts and Membership To access certain features of the App or Service, you may need to create an account and become a member. By creating an account and becoming a member, you agree to provide accurate and complete information about yourself, and to update that information as necessary to keep it accurate and complete. In order to use the Service, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. Additional information pertaining to the information we collect from you and how we use it can be found in our Privacy Policy.

Age Requirement You must be at least 18 years old to create an account and become a member of the App or Service and must have capacity in terms of your local governing laws to enter into a binding agreement with us. By creating an account and becoming a member, you represent and warrant that you are at least 18 years old.

Username and Password You will be required to select a username and password for your account. You are solely responsible for maintaining the confidentiality of your username and password, and all activities that occur under your account shall be deemed to be your activities.

Disqualifications You may not use the Service if you have been convicted of a felony or indictable offence, a sex crime, a crime involving violence or have been required to be registered as a sex offender in any country or state.

You agree to notify Amorzee immediately of any unauthorized use of your account or any other breach of security.

Membership Fees Amorzee may charge membership fees for certain features or services offered through the App or Service. If you choose to use such features or services, you agree to pay any fees associated with your use of the App or Service. Amorzee reserves the right to change its fee structure at any time, and will provide notice of any such changes on the App or Service.

Termination of Membership Amorzee may terminate your membership at any time, with or without cause, in its sole discretion. Upon termination, you will immediately lose access to any features or services associated with your membership. You acknowledge that you shall have no claim of whatsoever nature against Amorzee in such circumstances.

Disclaimer of Warranties The App and Service are provided on an "as is" and "as available" basis. Amorzee makes no representations or warranties of any kind, express or implied, as to the operation of the App or Service or the information, content, materials, or products included on the App or Service. You expressly agree that your use of the App or Service is at your sole risk.

Limitation of Liability In no event shall Amorzee be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of or suspension or cancellation of the App or Service, whether based on contract, tort, strict liability, or any other basis, even if Amorzee has been advised of the possibility of such damages.

Governing Law These Terms and your use of the App and Service shall be governed by and construed in accordance with the laws of the Luxembourg, without giving effect to any choice or conflict of law provision or rule.

2.User Content

User Content The App and Service may allow you to submit, upload, publish, or otherwise make available content, including but not limited to photos, videos, messages, and profile information ("User Content"). By submitting User Content, you grant Amorzee a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and Amorzee's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to Amorzee the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Amorzee's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to submit, upload, publish, or otherwise make available any User Content that is or may be: (a) harmful, threatening, abusive, harassing, vulgar, obscene, offensive, or otherwise objectionable; (b) illegal or that violates any applicable law or regulation; or (c) fraudulent, false, misleading, or deceptive. Amorzee reserves the right to remove any User Content from the App or Service at any time, for any reason, without prior notice to you.

Indemnification You agree to indemnify, defend, and hold harmless Amorzee, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in any way related to your User Content, your use of the App or Service, or your breach of these Terms.

Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us immediately and request that same is taken down.

If you contact us regarding alleged copyright infringement, please include the following information to enable us to investigate the claim:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work claimed to be infringed;
• a description of where the infringing content is located;
• your contact information, including address, telephone number and email address as well as the copyright owner’s identity;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under oath, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We reserve the right to suspend or terminate the accounts of repeat infringers.

4.Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Mobile Application and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.  These restrictions may include orders placed by under the same customer account, the same credit card, and /or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Objections to a payment already made should be directed to Customer support if you were billed directly by us or the relevant third-party account such as the App Store. 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. If you withdraw your consent to automatic card payments at any time, be advised that you are still obligated to pay any outstanding amounts incurred.

Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We, in our sole discretion, reserve the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. We may further manage, regulate, control, modify or eliminate Virtual Items at any time. We shall have no liability to you or any third party in the event that we exercise any such rights. Virtual Items may only be redeemed through the Service. Any and all purchases and redemptions of virtual items made through the service are final and non-refundable. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. You acknowledge that we are not required to provide a refund in respect of virtual items for any reason and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used Services. We may, in our sole discretion, 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.

Cancellation or request a refund:

If you made a purchase using your Apple ID, refunds are handled by Apple, not Amorzee. To request a refund, go to the App Store, 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 made a purchase using your Google Play Store account or through Amorzee directly: please contact customer service “team@amorzee.com" 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 Amorzee (you can find this on your confirmation email).

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 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.

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

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.

Pricing. Amorzee operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region,

5. Accuracy of information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be construed to indicate that all information in the Mobile Application or Services has been modified or updated.

6. Third-party services

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against The One Company Infinity Europ SARL with respect to such other services. The One Company Infinity Europ SARL is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting The One Company Infinity Europ SARL to disclose your data as necessary to facilitate the use or enablement of such other services and indemnify us in respect thereof.

7. Backups

We are not responsible for the Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation and at our sole discretion, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

8. Advertisements

During your use of the Mobile Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

9. Links to other resources

Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, The One Company Infinity Europ SARL will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.

10. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, bully, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet, to 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, to maintain multiple accounts (or create an account after your account was terminated) or to violate any of our Guidelines. We reserve the right to summarily terminate your use of the Mobile Application and Services for violating any of the prohibited uses and to take appropriate further actions if necessary.

11.Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by The One Company Infinity Europ SARL or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with The One Company Infinity Europ SARL. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of The One Company Infinity Europ SARL or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of The One Company Infinity Europ SARL or third-party trademarks.

12.Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or use and non-infringement. We make no warranty whatsoever that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data or the reliance upon same for any reason. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

13.Limitation of liability

To the fullest extent permitted by applicable law, in no event will The One Company Infinity Europ SARL, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of The One Company Infinity Europ SARL and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to The One Company Infinity Europ SARL for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose and you specifically acknowledge this.

14.Indemnification

You agree to indemnify and hold The One Company Infinity Europ SARL and its affiliates, directors, officers, employees, agents, suppliers, shareholders and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.

15.Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

16.Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Luxembourg without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Luxembourg. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Luxembourg, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

17.Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

18.Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion.

When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time will constitute your consent to those changes.

Entire Agreement

This Agreement, which includes the Privacy Policy, Cookie Policy and the Guidelines 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 us regarding the use of the Service. You agree that your account is non-transferable and all of your rights to your account and its content terminate upon your death. 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 us in any manner.

19.Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.

20.Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, or to notify us in relation to any matters or claims set out above, we encourage you to contact us using the details below:

team@amorzee.com

This document was last updated on April 20, 2023