Terms of Use

Acceptance of Terms; Modification of Terms

(10 Nov., 2020)

Please read these Terms and Conditions carefully. These Terms and Conditions apply to and give you access to use Masosa application software (“App”) including the use of any content, product(s), service, and/or information (“Services”) owned by Masosa App Ltd. By creating a Mosasa account or by using any of Masosa’s Services, whether through a mobile device, mobile application, or a computer device, you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, and IP agreement, each of which is incorporated by reference into this Agreement.

This is a legal agreement between you and Masosa App Ltd. (“Company” “we”, “us” or “our”). The Company reserves the right to modify, discontinue, or terminate the App and Services, or revise the Terms and Conditions without giving prior notice. We will notify you of any changes by updating the “Last Updated” date which can be found at the top of the page. You are encouraged to occasionally review the Terms of Use to remain aware of our latest updates to the App. By continuing to use or access the App and/or Services after we might have made and posted any such modification, you agree to be legally bound by the revised Terms of Use.

App License

The Company hereby grants you a non-exclusive, limited, revocable, non-transferable, royalty-free, non-commercial right and license to access and make personal use of the features of the App, the App Content(as described below), and the User Content (as defined below). Masosa App Ltd. reserves all rights not expressly granted in the App. Masosa App Ltd. reserves the right to, at any time and without prior notice, terminate or suspend this license for any reason.

Account Eligibility

Before you can use our App, you will need to register for an account (“Account”). In order to create an Account you pass through our eligibility criteria which includes:

  1. You must be at least eighteen (18) years old or the age of the legal majority in your country of residence;
  2. You must be legally qualified to enter a binding contract with Masosa App Ltd.
  • You are not a person who is barred from using our Services under the laws of Canada or any other applicable jurisdiction;
  • You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
  • You are not required to register as a sex offender with any state, federal or local sex offender registry.

If at any point, you fail to meet any of these requirements, you must delete the Account.

Your Account

You can create an account through manual registration or by using your Facebook login details. By creating an Account using your Facebook login details, you authorise us to use, access, and display specific information from your Facebook account which includes but is not limited to profile pictures, gender, location, date of birth, and information about Facebook friends. For more information about what information we collect and how we use it, kindly visit our Privacy Policy.

You agree to create only one unique Account and you will be the sole authorized user of that Account. When registering for an Account, you will be required to submit some information including your username, profile name, email address, phone number, picture, date of birth, etc. and you will be required to create an Account login password (collectively called “Registration Data”). You are solely responsible for any activity that takes place on your Account and you must keep your password secure at all times. We strongly advise you to use “strong” passwords (passwords containing a combination of upper and lower case letters, symbols, and numbers) when creating an Account. You represent and agree that all Registration Data you submit is, at all times, true, accurate, current, and complete. We will need to confirm your registration with us and your registration with us only become valid after we have confirmed and activated your Account. You must notify us immediately if you notice any breach of security in your Account or unauthorized use of your Account. We will not be responsible for any losses caused by unauthorized use of your Account.

By providing Masosa App Ltd. your email address, you agree to our using the email address to send you App-related notifications, including any notices required by law.

If you feel the need to delete your Account, you can do that by going to Delete Account on the Settings page when you are logged in, choosing a reason for deleting your Account and clicking on the “Continue” link. We will delete your Account immediately but it may take some time for your Content to be completely removed from the App. Your profile information will still be retained for the next 30 days after you deactivate your Account during which you can restore your Account. We reserve the right at our sole discretion and without due notice to you, to terminate or suspend your access to the App for any reason including if in our sole determination you violate any provision of this Agreement, or for no reason. You may not access, tamper with, or use non-public areas of the App. You may not be able to access certain portion of the App if you have not registered an Account on the App.

Usage Rules

You agree to:

  1. Use your real name and information in the profile;
  2. Use our Services in a professional manner;
  3. Treat other users of our App in a respectful and courteous manner both on and off the App;
  4. Comply with these Terms of Use and check this page from time to time to remain updated of any changes in the Terms of Use;
  5. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.

You agree not to participate in any of the following prohibited activities;

  1. copying, distributing, or disclosing any part of the App in any medium;
  2. using “robots,” “spiders,” “offline readers,” etc., to send multiple request messages to the App server in a manner that a human cannot reasonably produce in the same period of time by using a conventional online web browser;
  3. sending spam or any unsolicited email;
  • misrepresenting   your   identity,   age, current or previous positions, or affiliations with a person or entity;
  • creating or operating a pyramid scheme, fraud or other similar practice;
  • attempting to compromise the system integrity or interfere with the security or decipher any communications to or from the servers running the App;
  • uploading viruses, worms, or other malicious software agents through the App;
  • collecting or harvesting any personal information from the App;
  • using the App for any commercial purposes;
  • expressing or implying that any statements you make are endorsed by POF;
  • impersonating another User or conducting fraud, hiding or attempting to hide your identity; or
  • accessing any content on the App through using malicious technology;
  • encouraging or promoting any activity that violates this Agreement.

You are solely responsible for any content, information, copyrights, trademarks, logos, designs, texts, materials, images, photos, musical compositions, videos, sound recordings, graphics, posts, and other contents or materials that you submit, post or display on or via our App. You acknowledge and accept that Masosa App Ltd. is not responsible for any User Content shared through the App or the use of the Services and it cannot be assumed that Masosa App Ltd. approves or recommends any User Content. Masosa App Ltd. is under no obligation to subject the User Content through a prior screening process. You are legally responsible for the consequences if the User Contents violates these Terms of Use. You acknowledge and agree that in the event that your Account is terminated by us, the User Content you posted on can remain on the App if it has been shared by other Users.

Public Information; Interactions with other Users

You acknowledge and agree that certain information you provided in the process of registering your Account (such as your profile name, profile picture, username), as well as other Account Data (including how many Users on the App are following your Account, User Content uploaded by other Users of the App that you like or follow, how many Users on the App you are following, how many Users on the App have liked or followed certain User Content that you have publicly uploaded on the App) will automatically become publicly viewable by all Users of the App unless you select

some aspects of your Account to be private. Also, you acknowledge and agree that you can elect to have certain User Content that you upload on the App publicly viewable by other Users of the App.

We reserve the right to remove content and/or block you from the community page if your posts are deemed inappropriate or fall under any of the following categories:

  • Language we consider to be profane, obscene, lewd, or vulgar;
  • Language that we consider or can be perceived as derogatory or discriminatory (including but not limited to comments about sex, race, age, sexual orientation, religious or political affiliation);
  • Spamming comments posted regarding the same content matter, links, video, or any other media;

You acknowledge and agree that we may monitor or review any Content you post or upload as part of a Service. We may decide to delete, at our sole discretion, any Content, in whole or in part that we deem violates this Agreement or may harm the reputation of the Service.

Masosa App Ltd. is under no obligation to actively screen the User Content that you upload. The App also enables Users to interact with other Users of the App and publicly available User Content, and to direct message other Users in the inbox. In your interactions with other Users/User Content, you agree to conduct yourself in a respectful, courteous, and civil manner. If you see any Content on the Service that you believe violates this Agreement, please report it to our Customer Support or via our contact form. You acknowledge and agree that the Company will not be responsible for whatever actions of any User of the App with respect to any User or User Content.

By using our Services you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Masosa App Ltd. regarding our Service, you agree that we may use and share such feedback for any purpose without presenting you with any form of compensation.

You hereby indemnify and hold the Company harmless from and against any and all liability arising from any User’s interaction with any other User or User Content. The

Company also reserves the right to determine, in its sole discretion, what can be counted as unacceptable conduct with or towards other Users or User Content, and where on the App it has occurred. The Company may, in its sole discretion suspend or terminate the access of the affected User to the App when the Company determines that it has engaged in any of the unacceptable conducts on the App.

Push Notifications

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or our Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at help@masosa.com.

the App uses and retains your information, please read the Privacy Policy.

Premium Services; In-App Purchases

We may make certain products and/or services available to Users of the App in consideration of a subscription fee or other fees (“Premium Services”) including but not limited to the ability to extend your matches (“In-App Products”). By choosing to purchase such Premium Services or In-App Products, you acknowledge and agree that additional terms may apply to your use of, purchase of, and access to such Premium Services and In-App Products and such agreements are incorporated herein.

You may make a purchase of Premium Services and In-App Purchases through the Apple Apple Pay or other mobile or web application platforms authorized by us (“Third Party Store”). You authorise us to charge your chosen payment method once you have requested a Premium Service or an In-App Product and your payment is non-refundable. In the instance that we do not receive your payment from your chosen payment method, you agree to promptly pay all amounts due upon demand

by us. If you decide to change your payment method at any time, you can do so under your Account profile.

In the event that you purchase an auto-recurring periodic subscription, your chosen payment method will be billed automatically for the subscription until you cancel. If you do not wish to automatically renew your subscription or if you want to change or terminate your subscription, you will need to access your third party account or Account settings on Masosa and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us. Your subscription will not be cancelled if you only delete your Account with us or delete our App from your mobile device. If you cancel your subscription, you may use your subscription until the end of your paid-for subscription term, and your subscription will not be renewed after the term ends.

Governing Law

Except where our arbitration agreement is prohibited by law, the laws of Vancouver, Canada, without regard to its conflict of rules of law, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Masosa App Ltd.

Indemnity

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 arising out of:

  • your use of and access to the App, including any content transmitted or received by you;
  • any non-compliance with these Terms of Use including without limitation your breach of any of the representations and warranties above;
  • your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
  • your violation of any applicable law, rule or regulation;