Service Agreement

This Service Agreement (the "Agreement") and the accompanying Privacy Policy together form a legal agreement between you and the Positive Zone mobile application (positivezone.app), the owner and provider of the Positive Zone service.

Agreement to Terms

By accessing or using our Services, you confirm that you are 18 or older, and you understand and agree to these Terms. To use the Services you must comply with these Terms: you must have a valid email address if using an email platform to sign up, you are responsible for maintaining the security of your account, and you must ensure no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, please notify us immediately at [email protected].

Some initial things we want to make clear

• You must be at least 18 years old to use the Services.
• You may only create an account for your actual self, and must be truthful in what you put in it.
• We do not routinely conduct background checks or verify the identity of our Users, but we may do so as part of fraud detection and prevention. Verification methods may include self photographs ("selfies") with identifying characteristics, or government or military issued identification cards.
• We do not guarantee anything about the Services, including the actions of our Users. We do not guarantee matches, the frequency of matches, that you will be compatible with those you match with, or that the people you match with are safe to meet. You must exercise your own diligence and caution in using the Services.

Changes to Terms or Services

We may modify these Terms at any time, in our sole discretion. If we do, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them — if you continue to use the Services after we post modified Terms, you are agreeing to be bound by the modified Terms. If you don't agree, you can't continue to use the Services. Your sole recourse for any objection is to stop using the Services.

Content and Content Rights

For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide through the Services. Content includes but is not limited to User Content.

Content Ownership

Positive Zone does not claim any ownership rights in Content that you make available through the Services, and nothing in these Terms restricts any rights you may have to use and exploit your User Content. Subject to the foregoing, Positive Zone and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices.

General Prohibitions

You agree not to do any of the following:

• Post, upload, or transmit User Content that is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, vulgar, offensive, or pornographic; promotes violence; contains nudity or graphic violence; promotes discrimination, bigotry, hatred, or harm against any individual or group; violates any applicable law; infringes a third party's intellectual property, publicity, or privacy rights; contains unauthorized advertising, spam, or MLM schemes; impersonates any person or entity, including Positive Zone staff; or promotes illegal or harmful activities or substances.
• Collect User Content, personally-identifiable information, or otherwise access the Services using automated means (such as bots, scrapers, spiders).
• Advertise products or services, including multi-level marketing or pyramid schemes, on the Services.
• Interfere with, or attempt to interfere with, the access of any user, host, or network — including sending viruses, overloading, flooding, spamming, or mail-bombing the Services.
• Use any meta tags or hidden text utilizing our trademarks, logos, URLs, or product names without our express written consent.
• Use the Services for any commercial purpose or for the benefit of any third party in any manner not permitted by this Agreement.
• Forge any TCP/IP packet header or use the Services to send altered, deceptive, or false source-identifying information.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
• Attempt to obtain the login information of or otherwise access an account belonging to someone else.
• Bully, intimidate, or harass any User.
• Use, display, mirror, or frame the Services or any individual element, our name, trademarks, logos, or proprietary information, or the layout and design of any page or form, without our express written consent.
• Impersonate or misrepresent your affiliation with any person or entity.
• Engage in any activity that could disable, overburden, or impair the proper working of the Services, such as denial of service attacks or interference with page rendering.
• Encourage or enable any other individual to do any of the foregoing.

Although we're not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so to operate the Services, ensure compliance with this Agreement, and comply with applicable law. We reserve the right to remove or disable access to any part of the Services, including any User Content, at any time and without notice, if we consider it objectionable or in violation of this Agreement. We may also consult and cooperate with law enforcement — including by sharing User Content — when necessary to protect the safety or wellbeing of our Users or any other person.

Rights in User Content Granted by You

Your license to us of User Content. By submitting any User Content, you (i) represent and warrant that you have all the appropriate rights and permission (including permission from others in photos you provide) to provide such User Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, for marketing and internal research, and for external research (in anonymized and aggregated form). You also represent that your User Content and its use by us will not infringe a third party's intellectual property, publicity, or privacy rights, or violate any applicable law.

Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).

Our ownership. We do not claim ownership rights in any User Content. Subject to the foregoing, we and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights.

Our license to you. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and display the content made available on the Services solely for your permitted, personal, non-commercial use.

Positive Zone's Enforcement Rights

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so — for the purpose of operating the Services, ensuring compliance with these Terms, or complying with applicable law. We reserve the right to remove or disable access to any Content, at any time and without notice, if we consider it objectionable or in violation of these Terms. We have the right to investigate violations and may consult and cooperate with law enforcement authorities.

In-App Purchases

From time to time, Positive Zone may offer additional products and services for purchase through the App Store, Google Play, or other application platforms ("in-app purchases"). If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android), and your IAP account will be charged in accordance with the terms disclosed to you at the time of purchase and the general terms for in-app purchases that apply to your IAP account.

If you purchase an auto-recurring periodic subscription, your IAP account will be billed continuously until you cancel. After your initial subscription commitment period, and again after any subsequent period, your subscription will automatically continue for an additional equivalent period at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or want to change or terminate it, you will need to log in to your IAP account and follow instructions to cancel — even if you have deleted your Positive Zone account or the Positive Zone application from your device. Deleting the app does not cancel your subscription; Positive Zone will retain all funds charged to your IAP account until you cancel through that account.

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Positive Zone — please visit support.apple.com/kb/ht4098. If you subscribed using your Google Play Store account, please contact us at [email protected].

Feedback

We welcome feedback, comments, and suggestions for improvements ("Feedback"). You can submit Feedback by emailing us at [email protected] or via the functionality of the Services. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Risk Assumption and Precautions

You assume all risk when using the Services, including all risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility with you. You agree to take all necessary precautions when sharing personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or other User Content. You are under no obligation to continue to communicate with any User, or to match with or meet anyone from the Services.

No Guarantees

You understand that Positive Zone does not guarantee you any matches, any number or frequency of matches, or the accuracy, availability, or other attributes of any User. We make no guarantees about the Services, either explicit or implied, including your compatibility with any other User.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your account, or put it on hold at any time, by sending an email to us at [email protected] or via the functionality of the app. Deleting your account is your sole method of terminating this Agreement.

Equitable Relief

You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which would cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Positive Zone shall be entitled to injunctive or other equitable relief (without posting a bond, surety, or proof of damages) in the event of any breach or anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, and agree to limit your claims to claims for monetary damages.

Indemnification

You agree to defend, indemnify and hold harmless Positive Zone, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) any User Content you post, store, or transmit through the Services, (c) your violation of these Terms and/or any other Positive Zone terms, policies, or agreements, (d) your violation of any other person's rights, or (e) your conduct in connection with the Services.

Digital Millennium Copyright Act (DMCA)

Our policy is to respond to notices of alleged infringement that comply with the DMCA. Copyright-infringing materials found within the Services can be identified and removed via Positive Zone's DMCA compliance process, and you agree to comply with such process in the event you are involved in any DMCA claim.