1. Acceptance of the Terms of Service.
1.1. This is a legal agreement between you as the User and the Platform’s Provider.
1.2. By accessing the website at https://getentrigd.com and/or by downloading and using the Entrigd mobile apps, (herein after the “Service”) you are agreeing to be bound by these terms of service. If you do not agree with the Terms of Service (hereinafter “Terms” and/or “Terms of Service”), you shall immediately:
a) do not create your account and/or
b) stop using the Service.
1.3. Violation of the Terms of Service will result in the termination of your Account.
2. Upgrading and Downgrading Terms of Service
2.1. We reserve the right to update and change anytime the Terms of Service. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. Any modification to the Terms will be notified to you via the website, the Entrigd mobile apps and/or via email. The modified version of Terms of Service will become effective in term of 5 days after it is communicated to you.
2.2. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using the Service and delete your Account.
2.3. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
4.1. You must be at least 18 years of age to create an account on the Platform and use the Service. By creating an account and using the Service, you represent and warrant that:
• you can form a binding contract with the Provider;
• you will comply with this Terms of Service and all applicable local, state, national and international laws, rules and regulations;
• you are not prohibited to use the Service, accordingly to you country regulations and/or any public authorities decisions;
• you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
5. Creating your Account
5.1. The right to use the Service is subject to our approval. Therefore, in order to be able to use the Services:a) you shall create an Account on the Platform;b) your Account shall be approved by us.
5.2. When creating you Account, you shall respect the following rules:
a)You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be deleted without any prior notice;
b)You must provide your name, a valid email address, and any other information requested in order to complete the sign up and on-boarding process.; You are not allowed to create an Account using personal information of third parties; Any Account created using fake information will be deleted without any prior notice;
c) You must have at least 18 years of age.
5.3. After you submit the required information, we will evaluate your request to use the Services. Therefore, we reserve the right to approve or not your user account. Please be allowed that we evaluate your request accordingly to an objective list of criteria, without discrimination. You will be informed about our decision usually in terms of one week.
6. Granted rights
6.1. In the situation your Account is approved, Provider grants you a personal, worldwide, non- assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use the Service as intended by us and permitted by the Terms of Service.
6.2. Your license will be suspended if your Account will be suspended. Accordingly, you license will be terminated if your Account will be terminated.
6.3. By creating an Account and using the Service, you grant us a worldwide, transferable, sub- licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. Such license is limited to the purpose of providing the Service (meaning operating, developing, providing, and improving the Service) and researching and developing new ones.
6.4. For the avoidance of any doubt, you agree that you have the legal and commercial right to post the Content on the Platform and to grant us the license stipulated above.
7. Restrictions regarding the use of the Service
7.1. You may not use the Service or any content contained in the Service for any commercial purposes without our written consent.
7.2. You may not use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7.3. You agree not to:
• 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 our prior written consent;
• reproduce, duplicate, copy, sell, resell, exploit, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, use of the Service, or access to the Service;• probe, scan or test the vulnerability of our Service or any system or network;
• 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 Service or its contents;
• upload viruses or other malicious code or otherwise compromise the security of the Service;
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
• use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent;
• encourage or promote any activity that violates this Agreement.
7.4. You are responsible for maintaining the security of your account and password. The Provider cannot and shall not be liable for any loss or damage from your failure to comply with this security obligation.
8. Content posted on the Platform
8.1. You are responsible for all Content posted and activity that occurs under your Account. In this respect, you shall not:
• post any Content that might violate third parties intellectual property rights.
• post fake pictures and/or pictures representing someone else;
• use the identity of other persons;
• post any Content that is hate speech, threatening, sexually explicit or pornographic, 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.
8.2. Also you are not allowed to:
• spam, solicit money from or defraud any users;
• bully, stalk, intimidate, assault, harass, mistreat or defame any user;
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• use another user’s account;
• create another account if we have already terminated your account, unless you have our permission.
8.3. You understand and agree that we may monitor or review any Content you post as part of a Service. Therefore, we have the right in our sole discretion to refuse or remove any Content that is available on the Platform. Usually we will remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service. ®
8.4. Although we will try to review and remove Content that violates the Terms of Service, we cannot guarantee that all Content posted on the Platform respects the Terms of Service, or that the users do not use fake pictures and/or fake identities. In this respect, you understand and accept that the Content is the sole responsibility of the user who posts it and you exonerate us from any liability occurring from such situations.
9.1. The use of the Service is free. Thus, we may offer products and services for
purchase ("in-app purchases") through the App Store and Google Play Store.
Therefore, in order to access some Platform functions, you will be requested to pay
fees, as displayed within the Platform.
9.2. We reserve the right to amend our fees from time to time, without prior notice.
Thus, in case you have activated an auto-recurring periodic subscription through an
in-app purchase, we will inform you within the app and/or by email regarding the fee
increases before the subscription auto renewal. In such situation you shall cancel your
subscription if you do not agree with the new applicable fees. Not canceling your
subscription will be considered acceptance for the new fees.
9.3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties. Fees
displayed within the Platform are exclusive of VAT. VAT may be also charged where
9.4. If you choose to make an in-app purchase, you will be prompted to confirm your
purchase and your method of payment and you 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 taxes that may be imposed on your payments.
9.5. 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. In this respect, the payment provider will store your card payment
information and such information will be subsequently used for the automatic card
payments in accordance with this Agreement.
9.6. If you want to change or terminate your subscription, you will need to log in to
your Google Play/App Store account and follow the instructions to terminate or
cancel your subscription. In this respect, please be advised that deleting your Entrigd
account and/or deleting the Entrigd app from your device does not terminate or
cancel your subscription. If you terminate or cancel your subscription, you may use
your subscription until the end of your subscription term, and your subscription will
not be renewed after such term expires.
9.7. Objections to a payment already made should be directed to Google Play/App
Store. You are also able to object by contacting your bank who can provide further
information on your rights.
9.9. Refunds. Generally, all charges for purchases are nonrefundable, and there are no
refunds or credits for partially used periods. In this respect, by making an in-app
purchase, you agree that you will not be entitled to any refunds, considering that you
have bought a digital product/service which are excepted by the law from refunds.
We will make an exception only if the laws applicable in your jurisdiction allows you
for a refund. To request a refund please contact us via email.
9.10. We reserve the right to introduce anytime payment plans for the use of the
Service. In such situation, you will be informed by email and/or within your user
account regarding the available payment plans and you will be able to decide if you
pay the amounts due or if you stop using the Service. For the avoidance of any doubt,
in the situation that payment plans will be introduced, you will still be allowed to use
the Service for free, but only for a limited period of 5 days starting the day when the
Provider notified you regarding the payment plans.
10. Acknowledges and warranty limitations
10.1. The service is provided on an “as is” and “as available” basis. Therefore, you acknowledge that your use of the Service is at your sole risk.
10.2. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
10.3. We do not warrant that the Content will be always available, always synchronized and updated and error free. Also, you understand that in extraordinary circumstances the Content can be lost, therefore we recommend you to always backup the Content you provide on the Platform.
10.4. We do not guarantee any results by using Service such as but not limited to: having matches, conversations or dates with other the users; the quality of the interactions with the other users. We shall not be liable in case you do not obtain the results that you expect by using the Service.
10.5. We take no responsibility for any Content that you or another user or third party posts, sends or receives through the service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
10.6. We have no obligation to provide to you technical support. Thus, we will try to fix any errors regarding the functioning of the Platform in a proper time.
10.7. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Service;
(v) or any other matter relating to the Service.
10.8. Exclusive remedy: In case of any breach of the above limited warranty, we will repair the prejudice, meaning that it we will refund you the price paid for the Service in the month when the breach occurred and only if such price has been paid by you. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, express or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
11. Modifications to the Service
11.1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.
11.2. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Cancellation and Termination
12.1. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other services provided by us, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
12.2. In the situation you breach any obligation stipulated under Terms of Services and/or stipulated by the law the termination will be effective immediately without any prior notice. In any other situation, you will receive a 10 days’ prior notification by email before the termination of the Account. The termination will be effective when the 10 days’ term is met.
12.3. If the Account will be terminated, you will not be allowed any more to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated.
12.4. You are allowed to terminate your account anytime.
13. Copyright and Content Ownership
13.1. Provider owns all the intellectual Property Rights regarding the Software and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you.
13.2. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Provider. The Software, including the Software`s logos and trademarks, are proprietary to the Provider and are protected by applicable laws and by international treaties provisions.
13.3. You shall respect the Provider Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.
14.1. The failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
14.2. Provider may assign its rights and obligations under this Agreement to any party for any reason whatsoever without any prior notice.
14.3. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts from Romania. Any dispute arising under or in connection with this Agreement will be judged in accordance with Romanian laws.
14.4. The Terms of Service constitutes the entire agreement between you and the Provider and govern your use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service).
14.5. You can contact us at the following email address: [email protected]
This document is effective starting with: June 9 2018.