Terms of Service
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE, THEN YOU CANNOT USE THE SERVICE.
This Terms of Service (this “Terms of Service”) constitutes a binding contract between you and AiMatchmaker Co., Ltd. Throughout this Terms of Service, we will refer to AiMatchmaker Co., Ltd. as “we”, “us”, “AiMM” or "this Company". This Terms of Service governs your use of the website (“Website”) and any mobile applications (each, an “App”) or other Internet services under AiMM’s control and used to provide AiMM’s services to you (the Website, Apps, and such Internet services are, collectively, termed the “Service”).
Summary of Material Terms.
a. Scope of Service. The Service provides a platform for Users to connect and meet new each other. AiMM will provide you with a series of profiles of other Users (“Prospects”) on the Service. Once you and a particular Prospect indicate you like each other (a “Match”), AiMM will open an exclusive communication platform between you.
b. Third Party Fees. You may incur third party fees through use of the Service. In addition, you may be subject to third party terms, through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees, and you agree to pay all such fees and abide by all such terms.
c. Changes to the Terms of Service. We may revise this Terms of Service at any time to take account of changes in the law, or for any other reason. If we update the Terms of Service, we will post a new version on the Website and within the App. As soon as you use the Service after the updated Terms of Service is posted, you will be deemed to have agreed to the updated version. Your continued use of the Service after a change to the Terms of Service constitutes your binding acceptance of the Terms of Service.
d. Age Limitation. The Service is directed only to persons over the age of 21, and with full capacity to make judicial acts. IF YOU ARE UNDER 21 YEARS OF AGE OR WITHOUT FULL CAPACITY TO MAKE JUDICIAL ACTS, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
3. Scope of License to Users.
a. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this Terms of Service. Subject to your complete and ongoing compliance with the terms and conditions of this Terms of Service, AiMM hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. The Service is for your personal, non-commercial use only.
b. License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, nor attempt to disable or circumvent any security or other measure designed to protect the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms of Service, then you may be subject to civil or criminal liabilities, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
c. Applicability to Updates. The terms of the Terms of Service will govern any updates provided to you by AiMM that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or revised Terms of Service, in which case the terms of that license or revised Terms of Service will govern.
4. Registration and Eligibility.
a. Registration. Unless otherwise provided herein, anyone may apply to be a part of the Service by logging in through the social media networks identified on the Service, such as Facebook and Google+ (collectively, “Social Networks”). We reserve the right to disallow you from registering for the Service.
b. Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for any activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password. If you find any security concern with your account, please notify us immediately. You are responsible for maintaining the confidentiality of your password. If you have any reason to believe that your account has been compromised or that your account has been accessed by a third party, please notify us immediately. You will be solely responsible for the losses incurred by AiMM and others due to any unauthorized use of your account.
5. Content You Submit; License Grants From You.
a. Your Content. When you log in, we will collect the information you have made publicly available in your Social Networks, or have otherwise authorized your Social Networks to share with third party applications like ours, such as your profile picture, education, and relationship status information (collectively, “Social Content”). We use your Social Content to populate your profile on the Service (your “Profile”) and suggest Prospects to you. AiMM claims no ownership or control over your Social Content. You or a third-party licensor, as appropriate, retain all intellectual property rights such as copyright, trademark, and patent rights to any of your Social Content. You are responsible for protecting those rights.
b. License Grants to AiMM. By logging into the Service, you grant AiMM a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your Social Content in order to facilitate the display of your Social Content to you and other Users.
c. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own your Social Content or otherwise have the right to grant the license set forth in this Terms of Service, (ii) the use of your Social Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the disclosure of your Social Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of your Social Content that you post on or through the Service. You also acknowledge and agree that your Social Content is non-confidential and non-proprietary.
d. Privacy. You agree that we could disclose your Profiles to other Users in order to facilitate the display of your Social Content to you and other Users. Upon your request, we will use commercially reasonable efforts to exclude your friends on Social Networks from those who can view your Profiles. We are not responsible for privacy practices of the other Users who will view and use the posted information.
6. Fees; Payments.
AiMM may charge you a fee for certain features on the Service (the “Fee”). Any Fee will be set forth on the Service. Any Fees will be paid through our third party payment processors and may be denominated in New Taiwan Dollars or U.S. Dollars.
7. Sending Messages Through the Service; Inviting Friends.
a. The Service may allow Users to send messages (“Messages”) to other Users. Sending Messages is a privilege, not a right, and AiMM may terminate such privileges of any User at any time and for any reason, without any liability to such User. If a User sends you an objectionable Message, then please notify us immediately. You agree that AiMM may monitor Messages for compliance with this Terms of Service, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as AiMM may deem appropriate in its sole discretion.
b. Inviting Friends. AiMM may offer you the ability to invite your friends to use the Service by sending them a text message from your mobile phone. You represent and warrant you will only send text messages through the Service to people who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold AiMM harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges associated with such messages.
8. Third Party Materials; AiMM Content.
a. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other Users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from AiMM (collectively, “AiMM Content” and, together with Third Party Materials, but excluding your Social Content, “Service Content”), and that these also constitute the content of our Service. You use the Service Content at your own discretion. AiMM will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, illegal, of poor quality or otherwise objectionable.
b. In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. AiMM makes no representation that the Service and any third party services are appropriate or available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
9. Limitation on Your Use of the Service and Service Content.
Please note that your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
a. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this Terms of Service.
b. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without AiMM’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without AiMM’s prior express written consent: i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to AiMM or obtained from the Service.
c. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual usage.
d. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Terms of Service, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by AiMM.
e. You agree not to use, display, mirror, frame or utilize framing techniques to disclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent AiMM makes available the means for embedding any part of the Service or Service Content.
f. You agree not to access, tamper with, or use non-public areas of the Service, AiMM’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of AiMM’s providers.
g. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including AiMM employees and other Users.
h. You agree not to provide any false personal information to AiMM or any other User, or create a false identify or impersonate another person or entity in any way.
i. You agree not to solicit, or attempt to solicit, personal information from other Users.
j. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.
k. You agree not to use the Service, without AiMM’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this Terms of Service.
l. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personal information, or to other computers or websites connected or linked to the Service.
m. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any software, hardware or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
n. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
o. You agree not to violate any applicable laws or regulations or this Terms of Service.
p. You agree not to assist or permit any persons in engaging in any of the activities described above.
10. Use of Data.
You agree that AiMM may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of AiMM and its licensors. Except for the limited licenses expressly granted to you under this Terms of Service, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Terms of Service, either expressly, or by implication, estoppel or otherwise.
12. Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. AiMM may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this Terms of Service or your use of the Service.
13. AiMM’s Liability.
a. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability. We may also refuse, suspend or discontinue to provide the Service to certain User for operational reasons. The paid fees will be refunded after deduction of the processing fee.
b. Background Checks. You are solely responsible for your interactions with other Users. You understand that we currently do not conduct criminal background checks or screenings on Users of the Service. We also do not inquire into the backgrounds of all of our Users or attempt to verify the statements of Users. We make no representations or warranties as to the conduct of Users of the Service. AiMM reserves the right to conduct any criminal background checks or other screenings, at any time and using available public records.
c. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release AiMM of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes. You agree to use caution and common sense when using the Service. AiMM makes no representations or warranties as to the conduct of Users. In no event will AiMM and its affiliates, officers, employees, agents, or licensors (collectively, the “Released Parties”) be liable for any damages whatsoever, whether direct, indirect, general, special, compensator, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other Users of this Service or persons you meet through the Service. You agree to take reasonable precautions in all interactions with other Users, particularly if you meet offline or in person. You assume all risks when engaging the Services of any other User and in connection with using the Service, including but not limited to any risks associated with sharing confidential information with any other User. All Users of the Service hereby expressly agree not to hold the Released Parties liable for any instruction, advice or services delivered that originated through the Service and the Released Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to the Service, the information provided through the Service and the services provided by or to any User of the Service.
d. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party services obtained through the Service.
e. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
f. We make no promises and disclaim all liability of specific results from the use of the Service.
This Terms of Service is effective until terminated by you or AiMM. Your rights under this Terms of Service will terminate automatically from AiMM if you fail to comply with any term(s) of this Terms of Service (including by violating any license restriction provided herein). You may terminate the Terms of Service by emailing us at email@example.com. Upon any termination of the Terms of Service, you must immediately cease all use of the Service.
You expressly understand and agree that: (A) your use of the Service is at your sole risk, and the Service is provided on an “as is” and “as available” basis and the Released Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the Services, implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (B) the Released Parties make no warranty that (i) the Service will meet your 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, including data, will be accurate or reliable, (iv) the quality or content of the Service will meet your expectations and, (v) any errors in the Service will be corrected; and (C) any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or mobile phone data that results from the use of any such material.
Limitation of Liability.
You expressly understand and agree that the Released Parties will not be liable to you 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 (even if AiMM has advised you of the possibility of such damages), resulting from: (A) the use or the inability to use the Service; (B) the procurement cost or alternative cost resulting from any messages, data, or information obtained from the Service; (C) unauthorized access to or alteration of your data or transmissions; (D) statements or conduct of any User or third party on the Service; (E) your reliance on content or data made available by us; or (F) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, the Released Parties’ maximum liability arising out of or in connection with the Service, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the greater of the fees you have paid to AiMM and USD $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any AiMM Content, (c) your Social Content, or (d) your breach of the Terms of Service. We will provide notice to you promptly of any such claim, suit, or proceeding.
Third Party Disputes.
AiMM is not affiliated with any service provider, or third party service, and any dispute you have with any service provider, third party service or other third party, including, without limitation, any other User of the Service, is directly between you and such third party, and you irrevocably release the Released Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Third Party Software.
The software you download consists of a package of components, including certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software should be in a manner consistent with the Third Party Terms.
This Terms of Service and the relationship between you and AiMM will be governed by the laws of Taiwan. You and AiMM agree to submit to the jurisdiction of the Taiwan Taipei District Court for the first instance of any disputes relating to your use of the Service.
a. Assignment. You may not assign this Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of AiMM.
b. Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
d. Language. If AiMM provides a translation of the English version of these Terms, the translation is provided solely for convenience, and the English version will prevail
e. Contacting AiMM. You can contact AiMatchmaker Co., Ltd. by e-mail at firstname.lastname@example.org