TERMS OF SERVICE
Version 1.0 – Effective date: 17 June 2024
Welcome to FindingYou
These Terms of Use (“Terms”) constitute an integral part of the legally binding agreement between the User (“you” or “your”) and FindingYou S.à r.l (“FindingYou”, “we”, “us” or, “our”), having its registered address at 36 Op Der heed, L-1747 Luxembourg, Luxembourg.
FindingYou App and Website (collectively referred to as the “Platform”) is owned by FindingYou S.à r.l. FindingYou is a mobile application developed for Android and iOS that allows Users to explore and discover compatible matches around them (hereinafter, the “Service”). These Terms govern your use of the Platform and your access to our Service. By accessing the Platform and using the Service, you signify your consent to the Agreement between you and us. If you do not agree with these Terms or any part thereof, we highly recommend that you stop using our Service with immediate effect.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, however, you are responsible for regularly checking this page for any changes. Your continued access or use of the Platform constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using the Platform immediately.
- Using FindingYou
- User Representations and Warranties
- Modifying the Service and Termination
- Safety; Your Interactions with Other Members
- Rights FindingYou Grants You – Your Rights to the Platform Use
- Rights You Grant FindingYou – Our Rights
- FindingYou’s Rights- Intellectual Property Rights
- Community Rules
- Pricing
- Astrology Feature on FindingYou
- Your interaction with our chatbot “Romeo”
- Celebrity/Public Figure compatibility feature
- Notice and Procedure for Making Claims of Copyright Infringement
- Third-Party Services
- Limitation of Liability
- Use Disclaimer
- Dispute Resolution
- Survival
- Indemnity by User
- Communication with our Customer Care Representatives
- Miscellaneous Provisions
- Governing Law
- Contact Us
1. Using FindingYou
Before you access the Platform you will need to set up a User Account (each, a “FindingYou Account”). To be eligible to create a FindingYou Account;
- You must be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
- You must be legally permitted to use the Platform by the laws of your home country
*By accessing the Platform and utilising the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and comply with all the Terms and Conditions stated herein.
You can create a FindingYou Account by doing a manual registration through your email address (each, a “registered email address”) or an automated registration using your Google, Apple or Facebook Account. If you create a FindingYou Account using automated registration such as by using Facebook logins, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.
1.1 Security of your FindingYou Account
Each FindingYou Account is unique to a User and no two Users can share the same FindingYou Account. You are responsible for keeping your login credentials (your (i) username and (ii) password) safe and secure as we do not take any responsibility for a breach of your FindingYou Account. We recommend that you immediately report any incident of a security breach to our concerned team as soon as you discover a security threat to your FindingYou Account. A security breach report can be addressed to us via email at contact_us@FindingYou.me.
1.2 FindingYou Account Guidelines
As a registered User of the Platform, you shall be required to ensure that;
- You must provide accurate, current, and complete information during registration and maintain accurate, current, and complete account information during the term of our Agreement and for as long as your FindingYou Account remains active on our Platform;
- You may not open multiple accounts or transfer your FindingYou account to another person;
- You are solely responsible for the confidentiality and security of your FindingYou Account credentials and are prohibited from disclosing them to any third party; and
- You are responsible and liable for all activities conducted through your FindingYou account and must notify us immediately if you believe your credentials have been lost, or stolen, or your FindingYou Account has been compromised in any way.
1.3 Content Guidelines
For the safety and integrity of the Platform and to ensure the protection of our Users, we do not allow certain Content on the Platform. We want our users to be able to express themselves as much as possible and post all sorts of things on FindingYou, but we have to impose restrictions on certain Content which;
- contains language or imagery that could be considered offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (including, but not limited to, language that could be considered discriminatory based on a person’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
- is obscene, pornographic, violent, or otherwise may be offensive to human dignity (including, but not limited to, language that could be construed as discriminatory based on a person’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
- is abusive, insulting, threatening, discriminatory, or promotes or encourages racism, sexism, hatred, or bigotry (including, but not limited to, language that could be construed as discriminatory based on a person’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
- encourages any illegal activity, including terrorism, inciting racial hatred, or the submission of which constitutes perpetrating a crime;
- is defamatory or libellous;
- relates to commercial activities (such as, but not limited to, sales, competitions, and advertising, as well as connections to other websites or premium line telephone numbers);
- involves the transmission of “junk” or “spam” emails;
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code intended to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material intended to damage, interfere with, improperly intercept or expropriate any data or personal information, whether from the Platform or otherwise;
- itself or the publication of which violates the rights of a third party (including, without limitation, intellectual property rights and privacy rights);
- identifies a third-party without their consent;
- is harmful to minors; and
- impersonates a third-party and falsely states their name.
We maintain a zero-tolerance policy and resort to enforcement measures that we have in place against the removal of such Content that is not allowed on the Platform.
1.4 Gender Misrepresentation Policy
Users must accurately represent their identity, including gender and age. Misrepresentation of gender, identity, or any other personal details to mislead others is strictly prohibited. Any user found intentionally misrepresenting themselves may face account suspension, termination, or permanent banning from the platform. This includes, but is not limited to, falsely selecting a gender with the intent to manipulate the matching system. FindingYou reserves the right to review and take action against users who provide misleading information.
1.5 Background Checks Disclaimer
FindingYou does not currently conduct background checks or identity verification on users. Users should exercise caution when interacting with others on the Platform. If background checks are introduced in the future, this policy will be updated accordingly.
1.6 Restrictions in Public fields of the User Profile
Users are prohibited from posting the following in public profile fields, including but not limited to bios, locations, professions, and profile pictures (including text embedded in images):
- Personal Contact Information
- Sharing phone numbers, email addresses, social media handles, or any direct contact details is strictly prohibited, unless explicitly allowed by FindingYou.
- Advertising, Solicitation & Illegal Activities
- Advertising or soliciting any products, services, or illegal activities, including but not limited to prostitution, escort services, or financial scams, is strictly forbidden.
- Violations of Laws & Platform Policies
- Users must not use the Platform in a way that violates local, national, or international laws or regulations.
Failure to comply may result in content removal, account suspension, or termination.
1.7 Content Moderation & Enforcement
FindingYou actively monitors user-generated content to maintain a safe and respectful platform.
- Content Review: FindingYou reserves the right to review, edit, or remove any content that violates these Terms or is deemed inappropriate at its sole discretion.
- Automated & Manual Moderation: Content may be reviewed both manually and through automated systems to detect violations.
- User Reports: Users are encouraged to report violations through the in-app reporting system or via email at contact_us@findingyou.me.
Violations may result in content removal, warnings, temporary suspension, or permanent account termination without prior notice.
1.8 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 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.
Users whose accounts have been suspended or terminated due to violations of these Terms are strictly prohibited from creating a new account, attempting to re-register, or accessing the Platform using another account. FindingYou reserves the right to block access to users who repeatedly violate these Terms, including by identifying and restricting associated accounts.
2. User Representations and Warranties
As a User of the Platform, you represent and warrant that;
- You shall comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- You shall use your real legal name and age in creating the FindingYou Account and your profiles; and
- You shall use the Platform in such manner as we intend to provide it.
As a User, you further agree that;
- You will not act in an unlawful or unprofessional manner, including being dishonest, abusive, or discriminatory;
- You will not misrepresent your identity, age, current, or former positions, qualifications, or affiliations with any person or entity;
- You will not disclose information that you do not have the consent to disclose;
- You will not stalk or harass any other Users of the App;
- You will not operate a pyramid scheme, fraud or other similar practice; or
- 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.
3.1 Termination by User
You may terminate your account at any time, for any reason, by following the instructions in the “Settings” section of the Service.
3.2 Termination by FindingYou
FindingYou may terminate or suspend your account at any time, without notice, if it determines that you have:
- Violated these Terms or any applicable law.
- Misused the Platform or engaged in conduct that FindingYou deems inappropriate or unlawful (whether on or off the Platform).
Actions FindingYou May Take
FindingYou reserves the right to take any of the following actions at its sole discretion:
- Issue a warning via email to any email address associated with your account.
- Delete your User Content without prior notice.
- Suspend or permanently terminate your account and access to the Platform.
- Report your activity and User Content to law enforcement authorities and fully cooperate with investigations.
- Take any other action that FindingYou deems necessary or appropriate.
Effect of Termination
Upon account termination, this Agreement will also terminate, except for provisions that are intended to survive, including but not limited to:
- Confidentiality
- Intellectual Property Rights
- User Indemnification
- Limitation of Liability
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 JUDGMENT 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, sublicense, 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 judgment 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 licensed 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 license 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
8.1 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. Pricing
Currently, FindingYou is free to use. If any paid features are introduced in the future, users will be notified in advance, and this section will be updated accordingly.
10. Astrology Feature on FindingYou
The astrology feature on FindingYou, including the “Lucky Times” functionality, is provided exclusively for entertainment purposes. While this feature is developed using research and insights from qualified astrology professionals, FindingYou makes no guarantees regarding the accuracy, completeness, or reliability of any astrological predictions or insights.
By using this feature, you acknowledge and agree that:
- The astrology feature should not be relied upon for making significant personal, financial, medical, or relationship decisions.
- FindingYou is not liable for any actions, choices, or outcomes that result from the use of astrological content.
- All use of this feature is at your own discretion and risk.
FindingYou expressly disclaims all liability for any direct, indirect, incidental, consequential, or other damages arising from reliance on astrological insights.
If you have concerns regarding relationships, well-being, financial matters, or other important life decisions, we strongly recommend seeking professional advice from qualified experts rather than relying on astrological predictions.
11. Your interaction with our Mascot “Romeu”
Romeu is a chat persona with a profile picture of a cat, designed to engage with users in various ways, from friendly conversations to providing profile improvement suggestions. While Romeu’s responses are manually provided by FindingYou team members, interactions should not be construed as professional, financial, legal, or medical advice.
By interacting with Romeu, you acknowledge and agree that:
- Romeu is a chat companion operated by FindingYou team members and does not provide certified or expert advice.
- Any responses, recommendations, or suggestions made by Romeu are for general guidance and entertainment purposes only.
- Users must exercise their own judgment before acting on any information shared by Romeu.
- FindingYou is not responsible for any actions, decisions, or outcomes that arise from interactions with Romeu.
- Any engagement with Romeu is at your own discretion and risk.
FindingYou expressly disclaims all liability for any direct, indirect, incidental, consequential, or other damages resulting from the use of or reliance on Romeu’s responses.
12. Celebrity/Public Figure compatibility feature
The Celebrity Compatibility feature on the Platform is provided solely for entertainment purposes. The celebrities and public figures included in this feature do not endorse, sponsor, or have any affiliation with FindingYou in any way.
- Any similarities or compatibility results generated by this feature are purely coincidental and should not be interpreted as factual.
- The use of celebrity names and likenesses does not imply any association, sponsorship, or endorsement by the individuals featured.
- FindingYou makes no claims regarding the accuracy or validity of compatibility results with any celebrity or public figure.
If you represent a celebrity or public figure and wish to have their name or likeness removed from our app, please contact us at contact_us@findingyou.me. We will promptly review and address your request.
13. 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:
- Your signature – A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
- Description of the copyrighted work – A clear identification of the copyrighted material you believe has been infringed.
- Location of the infringing material – A description of where the alleged infringing content is located on the Platform, sufficient for us to identify and remove it.
- Your contact information – Including your full name, mailing address, phone number, and email address.
- Statement of good faith belief – A written statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- Statement under penalty of perjury – A declaration that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All takedown requests should be sent to contact_us@findingyou.me.
FindingYou reserves the right to terminate the accounts of users who repeatedly violate copyright laws.
14. Third-Party Services
The Platform and Service may contain advertisements, promotions, and links to third-party websites or resources. FindingYou does not control, endorse, or assume responsibility for the availability, accuracy, or content of any third-party services.
- If you choose to interact with third parties through our Platform, your engagement is solely between you and the third party.
- Your use of any third-party services is governed by that party’s terms and policies, not FindingYou’s.
- FindingYou is not responsible for any third party’s terms, privacy practices, or actions, including any damages, losses, or issues arising from your interaction with them.
By using the Platform, you acknowledge that FindingYou bears no liability for your interactions with third-party services, including transactions, communications, or disputes that may arise.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FINDINGYOU, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, PRINCIPALS, LICENSORS, SERVICE PROVIDERS, AND RELATED PARTIES SHALL NOT BE LIABLE FOR ANY:
- DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF:
- INCOME, PROFITS, OR DATA (WHETHER INCURRED DIRECTLY OR INDIRECTLY).
- USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE ASSETS.
- CLAIMS ARISING FROM THIRD PARTIES.
THIS APPLIES TO DAMAGES RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICE.
- CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES THROUGH THE SERVICE.
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, HOWEVER CAUSED.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY INVOKED, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, OR PRODUCT LIABILITY, EVEN IF FINDINGYOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.1 Your Exclusive Remedy
IF YOU BECOME DISSATISFIED WITH THE PLATFORM OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE APP AND WEBSITE. YOU EXPRESSLY WAIVE ANY CLAIMS RELATING TO YOUR USE OF THE PLATFORM AND OUR SERVICES.
15.2 Maximum Liability Cap
IF ANY PART OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE, FINDINGYOU’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
- THE TOTAL AMOUNT YOU HAVE PAID TO FINDINGYOU IN THE PAST 12 MONTHS, OR
- USD $100 (OR EQUIVALENT IN YOUR LOCAL CURRENCY), WHICHEVER IS GREATER.
15.3 Fundamental Basis of Agreement
THE LIMITATION OF LIABILITY STATED HERE REPRESENTS A FAIR ALLOCATION OF RISK AND FORMS A FUNDAMENTAL ELEMENT OF THIS AGREEMENT. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS, AND YOU AGREE THAT THESE DISCLAIMERS AND REMEDIES SHALL SURVIVE EVEN IF THEY FAIL IN THEIR ESSENTIAL PURPOSE.
15.4 Exceptions to Liability Limitations
NOTHING IN THIS SECTION SHALL:
- EXCLUDE OR LIMIT LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
- LIMIT LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
- APPLY IN JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IS NOT ALLOWED, MEANING SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
16. Use Disclaimer
THE PLATFORM, OUR CONTENT, AND MEMBER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FINDINGYOU DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
- ANY GUARANTEE OF COMPATIBILITY BETWEEN USERS OR MATCH SUCCESS.
16.1 No Warranty or Guarantee
FINDINGYOU DOES NOT GUARANTEE THAT:
- THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS.
- ANY CONTENT, INCLUDING OUR CONTENT OR MEMBER CONTENT, IS ACCURATE, RELIABLE, OR FREE FROM ERRORS.
16.2 Legal Exceptions & Limitations
IF APPLICABLE LAW PROHIBITS THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN FINDINGYOU WILL PROVIDE THE MINIMUM WARRANTY REQUIRED UNDER SUCH LAW.
NO ORAL OR WRITTEN ADVICE, INFORMATION, OR COMMUNICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION.
16.3 User Responsibility & Risk
- YOU USE THE PLATFORM AT YOUR OWN RISK.
- YOU ALONE ARE RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS.
- FINDINGYOU IS NOT RESPONSIBLE FOR ANY USER’S CONDUCT, INCLUDING OFFENSIVE, INAPPROPRIATE, OR ILLEGAL BEHAVIOR.
17. Dispute Resolution
17.1 Consumer Protection Rights
Nothing in these Terms affects any mandatory consumer protection rights that you may be entitled to under the laws of your country of residence. If any part of this Dispute Resolution section conflicts with applicable consumer protection laws, those laws shall prevail to the extent of the conflict.
17.2 Applicability of Dispute Resolution
If a legal dispute arises between you and FindingYou, the following dispute resolution procedures shall apply, except where prohibited by applicable law.
- Any subsection in this Dispute Resolution section that conflicts with local laws shall not apply to users residing in that jurisdiction.
- Specifically, Subsections 13b, 13c, 13d, and 13e shall not apply to users residing within the EU, EEA, UK, or Switzerland.
- The European Commission’s online dispute settlement platform is available at Online Dispute Resolution | European Commission.
17.3 No Consumer Arbitration Participation (EU/EEA/UK/Switzerland)
FindingYou does not participate in consumer arbitration procedures for users residing in the EU, EEA, UK, or Switzerland.
17.4 Pre-Arbitration Dispute Resolution Encouraged
Regardless of your region, all users are strongly encouraged to engage in FindingYou’s “Pre-Arbitration Dispute Resolution Process” before invoking a formal arbitration hearing. This process aims to resolve disputes amicably before legal proceedings are initiated.
17.5 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 36 Op Der heed, L-1747 Luxembourg, 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.
17.6 Formal Dispute Resolution System- Arbitration between Parties
If a dispute cannot be resolved through the Pre-Arbitration Dispute Resolution Process, it shall be referred to binding arbitration. This Arbitration Agreement applies to any and all disputes or claims between you and FindingYou, including but not limited to those based on:
- Contract, tort, statute, ordinance, fraud, misrepresentation, or any other legal or equitable theory.
- The Terms (including prior versions), your use of the App or Website, or any other aspect of your relationship with FindingYou.
- Claims or disputes arising before the effective date of this Arbitration Agreement, even if they were not previously filed.
By agreeing to these Terms, you and FindingYou waive the right to litigate disputes in court and agree that all such disputes will be resolved by binding arbitration, except in the following cases:
- Small Claims Court Exception – You or FindingYou may assert individual claims in small claims court, provided your claims qualify.
- Intellectual Property Exception – You or FindingYou may seek equitable relief in court for infringement or misuse of intellectual property rights.
17.7 Rules of Arbitration
The Luxembourg Arbitration Act (Title 1, New Code of Civil Procedure) shall govern this Arbitration Agreement, including its interpretation, enforcement, and procedural rules. In addition:
- Venue and Seat of Arbitration: The arbitration proceedings shall be conducted in Luxembourg City and governed by the Luxembourg Chamber of Commerce Arbitration Rules (“Rules”).
- Language of Arbitration: The arbitration proceedings shall be conducted in English.
- Costs of Arbitration: Unless otherwise required by law or the arbitrator’s decision, the costs of arbitration proceedings shall be equally borne by both parties.
17.8 Dispute between Users
FindingYou is not a party to, nor responsible for, resolving any disputes between users of the Platform. Users are solely responsible for their interactions and any disputes that arise between them.
- FindingYou does not mediate, adjudicate, or provide legal resolutions for user disputes.
- However, users are encouraged to report disputes involving potential violations of our Terms via email at contact_us@findingyou.me.
- FindingYou reserves the right, but is not obligated, to review and take appropriate action in cases where a dispute involves harassment, fraud, abuse, or violations of these Terms.
17.9 Waiver of Jury Trials
BY AGREEING TO ARBITRATION, YOU AND FINDINGYOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- You and FindingYou agree that all claims and disputes shall be resolved through binding arbitration, as outlined in this Arbitration Agreement.
- The arbitrator has the same authority to award damages and relief as a court and must apply the terms of this Agreement accordingly.
- Arbitration does not involve a judge or jury, and judicial review of arbitration awards is limited under applicable law.
17.10 Severability of this Arbitration Agreement
- If any provision of this Arbitration Agreement is found to be invalid or unenforceable under applicable law, that specific provision shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
- If a court determines that a provision prevents the exercise of a non-waivable right to seek public injunctive relief, then the dispute over that relief (and only that relief) shall be litigated in court.
- All other disputes subject to arbitration under this Agreement shall continue to be resolved through arbitration as outlined in these Terms.
18. Survival
This Arbitration Agreement shall survive the termination, suspension, or expiration of your relationship with FindingYou, including the closure of your account or discontinuation of use of the Platform.
19. Indemnity by User
You are solely responsible for your actions and any content you post on FindingYou. By using the Platform, you agree to indemnify, defend, release, and hold harmless FindingYou, including its partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, from and against any third-party claims, damages (actual and consequential), legal actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) incurred by us as a result of:
- Your negligent acts, omissions, or willful misconduct.
- Your access to and use of the Platform.
- Your uploading, posting, or submission of Content to the Platform.
- Your breach of these Terms.
- Your violation of any applicable law or third-party rights.
Right to Settle Claims
Without your consent, FindingYou reserves the right to resolve, settle, or pay any claims or legal actions brought against us. If we request your assistance, you agree to cooperate fully and reasonably in defending any such claims.
Limitations on Indemnity
This provision does not require you to indemnify FindingYou for any claims arising from unfair business practices, fraud, deception, false promises, misrepresentation, or concealment of material facts related to the Platform.
20. Communication with our Customer Care Representatives
By interacting with our customer care representatives or any FindingYou employee, you agree to maintain a respectful, professional, and courteous tone at all times.
- Threatening, abusive, harassing, discriminatory, or offensive language directed toward our representatives or employees will not be tolerated.
- FindingYou reserves the right to take appropriate action, including the immediate termination of your account, if we determine that your behavior violates this policy.
FindingYou is committed to ensuring a safe and respectful environment for both users and employees.
21. Miscellaneous Provisions
Entire Agreement- This Agreement, along with the Privacy Policy, Community Guidelines, Cookie Policy, Safety Tips, Arbitration Procedures (if applicable), and any additional terms disclosed and agreed to by you when purchasing features, products, or services, constitutes the entire agreement between you and FindingYou regarding your use of the Platform.
Severability- If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from this Agreement. The remainder of the Agreement shall continue in full force and effect.
Waiver- FindingYou’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
No Assignment of Rights and Licenses- Your FindingYou account is non-transferable, and all rights, licenses, and content associated with your account are non-assignable. You may not transfer your account or any rights granted under this Agreement to any third party.
Relationship between Parties- This Agreement does not create any agency, partnership, joint venture, fiduciary, employment, or other special relationship between you and FindingYou. You may not make representations on behalf of, or bind, FindingYou in any manner.
No Warranty- FindingYou acts solely as a platform provider and does not guarantee the suitability, merchantability, or fitness of the Platform for any particular purpose.
- FindingYou has taken reasonable measures to ensure that information on the Platform is current, available, accurate, and complete, but all content is provided “as is” and “as available” without warranties of any kind, express or implied.
- Users are solely responsible for verifying the accuracy of content obtained through FindingYou.
- FindingYou does not guarantee uninterrupted service, the correction of defects, or that the Platform is free of viruses or malware.
- FindingYou is not liable for damages to user devices, including but not limited to:
- Security breaches, viruses, or malware.
- Fraud, errors, omissions, interruptions, or technical malfunctions.
Users are responsible for taking necessary precautions to protect their devices and personal data.
Changes to these Terms- As FindingYou evolves and introduces new features and functionalities, we may modify these Terms at any time (“Change”).
- Changes will be posted on this page, and the Effective Date at the bottom will indicate the latest update.
- In certain cases, we may notify you by email or ask for your explicit consent to the updated Terms.
- You should regularly check this page to stay informed about any updates.
- Continued use of FindingYou after any Change constitutes acceptance of the revised Terms.
- If you do not accept the updated Terms, you must stop using FindingYou immediately.
22. Governing Law
These Terms, your access to and use of the Platform, and any disputes or claims arising from your relationship with FindingYou shall be governed by and interpreted under the laws of Luxembourg, without regard to conflict of law principles.
- Exclusive Jurisdiction: Any claims that are not subject to arbitration, including but not limited to challenges to the enforceability or applicability of the Arbitration Agreement, shall be litigated exclusively in the courts of Luxembourg.
- Waiver of Inconvenient Forum Objection: You agree to submit to the personal jurisdiction of Luxembourg courts and waive any objections based on inconvenient forum (forum non conveniens).
- Class Action Waiver: You agree not to file, participate in, or support any class action, class arbitration, or representative action against FindingYou.
23. 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.