TERMS OF USE

In these terms of use (“Terms of Use”) we, Manifex B.V. explain under what conditions our users (also “you”) can use our mobile dating app SCKAT (the “App”).

Who can use the App?

You can use the App if you are 18 years or older and legally authorized to conclude agreements under applicable law.

You can also use the App if you are not restricted from doing so, which could for example be the case due to export controls, if you are listed on a restricted parties list in any jurisdiction or if we have previously blocked your account in the App.

We reserve the right to block your account if you don’t meet the above conditions.

What are the technical requirements for using the App?

You can download the App from the regular app stores. The App is compatible with iPhones running modern versions of iOS and Android smartphones running recent versions of the Android operating system. You must ensure you have the right version of the device and operating system to access and use the App.

What rights to do you get?

As applicable after you have paid the fees for the App and after you have created an account, you are given the right to download, install and use the App for your own purposes for the term and under the conditions of the agreement we have with you (e.g. your purchase through the app store) and these Terms of Use. This means that you can install it on a compatible mobile device and you can make use of its features. If you pay to use part of the App, you are given the above right to those specific parts of the App. You can use the App as long as you have an active account with us and as long as you have paid the applicable fees.

When using the App, you can add information in it, including profile information and communicate with other users. Make sure the information you add to the App is correct and that you keep your profile and contact information up-to-date. You can update most of the information in the App through the settings in your account.

Purchasing the App (or parts thereof)

If we ask for compensation to use the App, or parts thereof (for example to access other features), you must pay the fee as indicated in the app store. You pay through the app store and thereby authorize them to pay the fee to us. By purchasing the App or paying for parts thereof, you can use it, or the features you paid for right away. Therefore, you don’t have the right to cancel your purchase, if applicable in your jurisdiction: within 14 days after your purchase or another period as mandated by EU law.

You can delete the App from your device or end your subscription as indicated in the App. In that case, the license to use the App also expires. You must however pay the subscription for the subscription term you have chosen. To use the App again after you have deleted it, you will have to download it again from the app store.

What must you do when using the App?

The App is a dating app to find other persons you are romantically interested in. This also means you can communicate with other users. In order to make the use of the App enjoyable for all users, we ask you to comply with our community guidelines:

Be honest and truthful towards other users, including with respect to the information and other content you add to the App
Be respectful and polite towards other users
Use your real name
Do not post any confidential information about other users or persons
Respect the private nature of content and conversations exchanged with other users, do not disclose their personal data or content to any third person or party, whether in the App, on the internet or otherwise
Use the App as a dating app: for the purpose of communicating with others and finding a suitable partner, do not use it for other purposes

In addition:

Create only one account
Use the App in accordance with applicable laws
Treat the log-in details to your account confidential and don’t share these with anyone else, you are responsible for everything that happens under your account
Use a strong pass word, don’t reuse other pass words and refresh it on a regular basis
If your account is or could potentially be accessed by an unauthorized person, change your pass word immediately
Ensure the device on which you use the App (including its operating systems and other software on it), the internet connection and email account you use to use the App are secured
Follow identity verification procedures for access to the App
If you hand over the device on which you have installed the App to another person for their continued use, remove the App, because it can give access to information in the App, both your own and of other users

Things you are not allowed to do when using the App

There are also some things you are not allowed to do when using the App:

You may not use the App in any way that may be harmful or disrespectful, to others or to us
You may not pose as another person
You may not use the App for any illegal purposes or activities or for which you (or we) are required to obtain a license in any jurisdiction
You may not infringe any other person or party’s rights including privacy rights or intellectual property rights
Do not post any content of pornographic or exhibitionist nature, or which violate modesty or which are generally offensive to moral values, this is strictly prohibited
Do not post (any hyperlinks to) illegal, malicious or otherwise harmful content
You may not contact other users to entice them to do anything illegal, or to solicit sexual or similar (improper) acts from them
You may not directly or indirectly use the App for any commercial, promotional, electoral or recruitment purposes
Do not use the App to voice any political, religious, ideological or similar type of content, to organize gatherings or demonstrations, to disrupt public order, inciting violence or terrorism or to spread untruthful information
You may not send unsolicited messages to other users, whether these are commercial or not
Do not post any negative information about us or our staff
You may not entice others to do any of the above

What actions can we take?

We do not actively monitor the use of our App, such as whether users comply with the community guidelines, and we do not engage in active moderation. However, we reserve the right to temporarily or permanently block your account, your access to the App, or to delete, edit or limit your content or functionality in the App, without incurring liability, if:

We find that you do not comply with the agreement we have with you and/or with these Terms of Use, this also includes being in breach of your warranties set out in these Terms of Use
We receive complaints about you which give us well founded reasons to take action
We are asked to do so by a third person or party including a competent authority or court on valid legal grounds

In these cases, we may also become compelled to share your information with a third party. We may, and if required by law, will notify you before we take action. We endeavour to allow you to remedy your non-compliance by notifying you beforehand (and may be legally required to do in some cases) but reserve the right to take immediate action in case of grave or repeated violation.

If we have to make costs in relation to the above actions, we reserve the right to charge these costs to you.

If you do not agree with the action we have taken against you, if you believe another user has not complied with these Terms of Use or you have another reason to report another user, you can report this to us, e.g. by using the contact details below under “How can you contact us?”. You can also report certain types of content directly in the App.

We will respond to notifications as soon as we can. We may have to ask you to provide additional information in relation to the notification, for example to make your identity known to us, to explain why certain content is illegal or in violation of these Terms of Use.

We will block a user’s account who has passed away upon the request of the user’s family or heirs. We reserve the right to ask them to submit proof of the user’s demise.

What can you expect from us after you have downloaded the App?

The App contains the functionalities and other specifications as indicated at the moment you download the App (this means it is provided “as is”). We are continuously working on improving the App, but we cannot guarantee its functionality, that it is free from errors, that it is 100% secure or that it operates 24/7.

We don’t provide ongoing support but will try to answer your questions about issues with the App.

We can update the App from time to time, to update its features, to improve the services, for security purposes, to comply with applicable laws and regulations. When updating the App, it or its features may be unavailable temporarily. When we release a new version of the App, it is important that you download the new version because it may contain extra security measures or other important new or altered features and we may not support all older versions of the App. Not installing updates is at your own risk.

To use the App, you’ll have to arrange your own device, the appropriate operating system (the App is not available for all operating systems) and internet access at your own cost. Your operator may charge you for the internet access.

What happens after your account is closed?

After your account has been blocked or closed or you have deleted it, you can no longer use the App and you no longer have access to your account or to the content in your account. However, if you wish to receive a copy of this, you may submit a request within 30 days after your account was closed. If it does not contain any illegal content or content that is in violation of these Terms of Use, we shall hand it over to you in an electronic commonly used format.

We reserve the right to stop offering the App, without incurring any liability. In that case we will inform you with a reasonable notice period and your account will be closed down. If you have paid for the App in advance, we will repay the fees pro rate the use you made of it, with deduction of any amounts payable to us.

Our intellectual property rights

You are granted the rights as indicated in the agreement with you and these Terms of Use. We reserve all other rights. You may not grant or transfer the right granted to you to any others, or make copies – or parts of it – of the App, or sell it to others. You may not copy the App or parts thereof or make any changes to the App, except of course when you are adding information and files and other things to make use of it.

You may also not reverse engineer the App or otherwise derive the source code of the App without our prior written consent.

You may not register the name SCKAT, or a similar brand name as a domain name, use the App as a brand for another product, service or app, remove or change property markings from the App or make them unreadable, or circumvent technical measures that we have implemented in the App to secure our rights. We regard infringement of our intellectual property rights as a default under the agreement with you.

Your intellectual property rights

We do not claim any rights in the content you upload, create or add to the App. This remains your property. We will not re-use any of it, except to enable you to use the App or if you give us your explicit prior consent for specific use of it, for example because we’d like to use certain content in an advertisement.

You do give us a non-exclusive, royalty-free right for as long as you have an account wit us, to use your content to be able to offer the App.

You must ensure that you own the content you upload, create or add to the App, and that others cannot make any claims on this. You therefore warrant that you have the rights and full authorization to upload the content to the App and that this does not infringe on the rights of others. You are responsible for any claims from others that we receive in this respect and compensating us for damages caused by you in this respect.

Your personal data

In order for us to offer you the App, we must process your personal data. Please check out or Privacy Policy to find out more about how we use your personal data.

We are the ‘controller’ of your personal data. We assume that you will use other the App users’ personal data only for your own personal use of the App, not also as a controller of such data.

Be vigilant about meeting with other users

We advise our users to be vigilant when meeting other users in person. We do not have control over the identity, reliability or trustworthiness of other users. We advise our users to initially meet other users in a public space and not at home and not to share their address and contact details until they have sufficiently established the trustworthiness of the other user.

What happens if something goes wrong?

If you suffer damage in relation to the App, to the extent this is allowed under applicable law, we, as well as the parties and persons we work with to make the App available, limit our liability to direct damages, and to either the amount you pay for your subscription during the year in which the damage was caused, or if this is not deemed reasonable, the amount paid by our insurer. Direct damage is damage immediately foreseeable the moment the damage arose. We cannot be held liable for indirect damages, consequential damages, special damages, punitive damages, loss of business revenue, loss of profit, loss of business operations, loss of data, loss of business information, reputational damage, damage caused by other the App users, damage caused by us blocking your account as set out in these Terms of Use, or other types of damages other than direct damages, even if you have been advised of the possibility of such damages. These limitations do not apply in case of intent or gross negligence or other liability which cannot be excluded or limited pursuant to applicable laws, such as product liability.

We are not liable for damage as a result of ‘force majeure’ events. This includes amongst others problems, errors or interruptions in telecommunications infrastructure or the internet, problems with the operating system of your device, force majeure of third parties which we depend on to make the App available.

We also, to the extent this is allowed under applicable law, disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, results or performance of a service, or non-infringement, or that the servers that make the App available are free of viruses or other harmful components.

Can we change these Terms of Use?

We may have to update these Terms of Use from time to time to reflect changes to the App, our organisation, processes or laws and regulations. If we do so, we will notify you thereof in advance, for example through a notification in the App. If you do not agree with the changes, you can close your account and cancel your subscription. In that case, if you have paid for the App in advance, we will repay the fees pro rate the use you made of it, with deduction of other amounts payable to us.

What else?

We prefer the legal relationship with you to be covered by the laws of the Netherlands, because that’s where we’re located. But applicable mandatory law may determine that another law applies. If it doesn’t then we stick with the laws of the Netherlands.

The court in the area of our main establishment in the Netherlands has jurisdiction with regard to any conflicts between us. However, if applicable laws appoint another court pursuant to consumer law, you are entitled to invoke the jurisdiction of such other court, within a month after we have invoked this clause.

In case a provision of these terms of use turns out to be invalid in any way, this will not influence the other provisions of the terms of use. The invalid provision will be deemed replaced by a provision that is valid, in view of its original intent and purpose.

If we do not enforce a certain provision of these Terms of Use, this does not mean we waive our rights to enforce such, or any other provision.

The agreement with you is archived in the sense that we log your acceptance of these Terms of Use and the registration of your account. You can access and download these Terms of Use at any time through your account and on our website.

The agreement with you is concluded in English or in other languages as indicated in the app store. If these Term of Use are translated, the English version prevails.

We hereby remind you that the App must, pursuant to applicable laws, be in conformance with the agreement we have with you.

How can you contact us?

You can contact us at:

General email address: [contact@sckatapp.com]

Email address for notifications: [dsa@sckatapp.com]