Terms of use.
These Terms of Use are entered into between Ziva Social Group Limited (we, us, our) and you.
About us
We offer a group-based dating and social networking service. We provide our products and services, some of which are free, some of which are paid for (Services) via the app (App).
Acceptance of Terms of Use
By creating an account on our Services, you agree to be bound by our (i) Terms of Use, (ii) Safety Tips, and (iii) Community Guidelines, and agree and acknowledge that you have read and acknowledge our (iv) Privacy Policy and (v) Cookie Policy, together with any additional or special terms we may notify you of at the time when you use or buy certain Services, all of which are incorporated in these Terms of Use. If you do not agree to be bound by our Terms of Use, you must immediately stop using our Services.
Services Eligibility
Unless reserved to a certain category of users as may be specifically required upon registration, our Services are open to adults aged18 years and over, provided that they meet and respect the criteria of eligibility statement below. If you are under 18, you are not authorised to access the Services and must immediately stop using them.
You can only use our Services under the following conditions. You represent and warrant at all times that:
You are over 18 years old and can enter into a legally binding contract with us.
You meet the conditions for registration stated on the Services.
You will comply with these Terms of Use, including our Safety Tips, Community Guidelines and all applicable laws and regulations.
You will provide correct, accurate and true information that is not misleading. In particular, you must be truthful and honest when completing your profile and in your interactions with other users and with us.
You acknowledge and agree that the Services’ purpose is to enable single individuals to connect on a personal, non-commercial and non-financial basis, with the primary goal of forming committed relationships as a couple.
You must respect and comply with the purposes of the Services at all times.
You are not registered on a Sex Offender Register.
You have never been convicted of an unlawful act involving fraud, a sexual offence, violence (including domestic violence), harassment, terrorism or a hate crime.
We reserve the right to decline, suspend or terminate your access or membership at any time if you do not meet any of these conditions.
Registration
Registration to our Services is free.
You must not create more than one account.
You must provide the mandatory information required in order to complete your profile on the Services, which may include email address, phone number, age, photos (including for facial age estimation), and ID if applicable), and keep such information up to date. You acknowledge and agree that some of this information will be published on the Services. For the avoidance of doubt, your ID (if applicable) will never be published on the Services.
Information provided by users during registration and at any time thereafter must be accurate and true. The consequences that disclosing this information may have on a user’s life or the lives of other people are the exclusive responsibility of the user concerned. When you disclose and disseminate information, data, text, content, videos and images about you via the App, you waive your right to make any claim against us, in particular on the basis of the possible infringement of your image or personality rights, honour, reputation or right to private life that may result from the distribution or dissemination of such information.
For more details on the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of the login credentials you use to sign up for and into our Services, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately at help@ziva-app.com.
Rules of Conduct
Introduction of the Rules of Conduct
The quality of interactions expected by both us and other users of the Services implies observing a certain level of ethical conduct in your expression and behaviour, respecting users and our Customer Care representatives as well as the laws and regulations in force. To meet this standard for quality, individual responsibility and ethics, we allow any user to report any content (photography, text, video, audio etc.), behaviour or comments made by another user that appears to be in violation of our Terms of Use, Safety Tips, Community Guidelines, third-party rights and the laws and regulations in force. Therefore, the list of prohibited content below is not exhaustive. By using the Services, you acknowledge and accept that the data you provide, as well as your behaviour, comments or published contents may be subject to acts of moderation and/or control by us in accordance with our moderation policies in our sole discretion.
As a user, you must abide by the following Rules of Conduct at all times and agree that you will not:
violate our Community Guidelines, as updated from time to time;
post any of your personal contact details or disseminate another person’s personal information (e-mail address, postal address, telephone number, etc.) in any manner whatsoever (in a Profile description, in a photo, etc.);
post any content that infringes anyone’s rights, including rights of publicity, private life, copyright, trademark or other intellectual property or contract right;
impersonate any person or entity;
solicit from other users any passwords for any purpose or personal identifying information for commercial or unlawful purposes;
solicit money from or defraud any user;
send mass messages, also known as ‘spamming’;
post any content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
post any content that promotes racism, bigotry, hatred, terrorism, discrimination or physical harm of any kind against any group or individual;
publish any content constituting sexual harassment or cyber-harassment of any person; publish any content showing offences against minors;
publish any illicit content or content offering illicit products or services;
insult, bully, stalk, intimidate, assault, harass, mistreat or defame any person;
use the Services for any harmful, nefarious or unlawful purpose;
use the Services in order to damage us;
use the Services for purposes contrary to the purpose of the Services, in particular for commercial or political purposes;
use the Services for any purpose that is illegal or prohibited by these Terms of Use;
use the Services in order to promote or to facilitate or provide personal relationships of a transactional nature and/or services of a sexual nature and/or non-consensual sexual acts;
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or other automatic device, method, process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
use another user’s account, share an account with another user, or maintain more than one account;
create another account where we have already terminated your account, unless you have our prior written permission;
make a false, misleading or manifestly unfounded report of a user’s behaviour or content, or misuse the internal reporting or appeal system available to users.
Your breach of any of these Rules of Conduct constitutes a serious material breach of your contractual obligations under these Terms of Use.
We reserve the right to suspend or terminate your account without notice and without any refund if you have violated these obligations, misused the Services or behaved in a way that we regard, in our discretion, as inappropriate or unlawful, including by reference to any action or communication that occurred on or off the Services. Our actions may include terminating your account and/or preventing you from creating an account. Any such account closure will take effect without prejudice to any damages and interest which may be claimed by us from you as restitution for the losses incurred by us as a result of any breach of these Terms of Use. We reserve the right to inform the competent authorities in the event of unlawful activity(ies) on your part.
Detecting and reporting content contrary to our Rules of Conduct and/or illegal content
To ensure that our users comply with our Rules of Conduct and the obligations that apply to us when we host content, we have put in place measures and dedicated tools for moderation purposes.
In particular, we ensure the safety of our users by setting up automatic detection tools and a reporting tool near each profile. Our users can also contact our customer service department directly by contacting help@ziva-app.com.
Reporting tool:
We encourage all our users to report content and/or profiles that may violate our Terms of Use and/or constitute illegal content.
To report a profile, behaviour, or private content on the App which you believe is contrary to our Rules of Conduct, please contact help@ziva-app.com.
How we protect you from illegal content
This provision sets out what we do to protect you from illegal content.
We minimise the length of time for which terrorism content is present on the site by requiring all users to comply with our Terms of Use, Safety Tips, Community Guidelines, third-party rights and the laws and regulations in force, by enabling users to report content, and by responding quickly to such user reports when we receive them. We will swiftly take down terrorism content when we find out about it.
We will minimise the length of time for which child sexual exploitation and abuse content is present on the site by requiring all users to comply with our Terms of Use, Safety Tips, Community Guidelines, third-party rights and the laws and regulations in force, by enabling users to report content, and by responding quickly to such user reports when we receive them. We will swiftly take down child sexual exploitation and abuse content when we find out about it.
We will minimise the length of time for which other content that amounts to an offence is present on the site by requiring all users to comply with our Terms of Use, Safety Tips, Community Guidelines, third-party rights and the laws and regulations in force, by enabling users to report content, and by responding quickly to such user reports when we receive them. This applies to content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content when we find out about it.
What content and behaviours you should report
You can report or complain about the following content and behaviours:
Content you consider to be illegal.
When you think we are not dealing with illegal content or activity as we should.
Where you think our content reporting systems and processes do not easily let users report content they believe to be illegal.
When you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy.
Where your content has been taken down on the basis that it is illegal.
Where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content.
Technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in these Terms of Use.
How we will deal with your complaint or reported content
As soon as we become aware of content or behaviour that violates our Terms of Use, our moderation team will take appropriate action, which may include deleting the content, banning the user, and blocking e-mail addresses and other identifiers associated with malicious persons.
You can appeal moderation decisions by contacting help@ziva-app.com.
Your rights to claim against us if we restrict access to your content
If we restrict access to your content and that restriction breaches these Terms of Use, you have a right to bring a claim against us for breach of contract.
Your rights to claim against us if we suspend or ban your use of our service
If we suspend or ban you from using our service and that suspension or ban breaches these Terms of Use, you have a right to bring a claim against us for breach of contract.
You can appeal moderation decisions by contacting help@ziva-app.com.
Services
Free features
Your registration to the Services allows instant access to free features. These features will vary depending on the type of Services you have registered for and may change from time to time.
Free features and functionalities include the creation of your account profile, certain search functionalities, browsing other user’s profiles, and access to certain events and activities. In particular, communicating with other users as part of a group is included within our fee features, but communicating with other users on a one-to-one basis generally requires a paid subscription.
Paid-for services
We operate a global business and provide Services to a diverse community of users. Our pricing structure may vary from time to time and/or by country, length of subscription, distribution channel, special offers and promotions.
Recurring subscriptions and/or one-off purchases (Purchase) allow access to certain additional features and functionalities. The details of such paid-for services (Paid Service(s)) are available for you to consult on our Services, prior to concluding a Purchase.
We regularly test new features to provide users with increased functionality and free or paid-for options should they choose to use them. We may also from time to time change or stop offering certain types of Purchase.
Events and Activities
When events or activities are offered, specific terms and conditions are applicable and available from the pages describing the events or activities.
Badges, distinctions and similar items
We may from time to time offer profile badges, distinctions or similar items for users to obtain subject to them fulfilling the qualifying criteria to gain that item.
We make no representations or warranties regarding the holder of a badge, distinction or similar item, as they are generally earned based on that user’s self-declaration, which we cannot verify.
Personalised Services
Our objective is to help you find users via our Services who are likely to be of interest to you and that you would communicate with them. To do this, we may offer you features (paid or free of charge) which use information about your activity on our Services or which enable us to improve the content we provide to you. By using our Services, you agree that this information and content may be processed using artificial intelligence systems (for example to create automatically generated content).
We also use an algorithm to recommend profiles that you might like, and to recommend your profile to other users. To find out more about how our profile recommendation method works, please contact help@ziva-app.com.
Procedure and conditions for Purchases
General
Depending on your locality and the way you access the Services, Purchases may be available via direct billing (for example via a payment card, Paypal, etc.), mobile carriers, in-app payment systems (such as within the Apple App Store via Apple Pay or Google Play via Google Pay). If you choose to make a Purchase, you will be prompted to confirm your Purchase with the applicable payment provider and your method of payment such as a payment card or your third party account (Payment Method) will be charged at the prices displayed to you for the Purchase you have selected and you authorise us and/or Apple/Google or other third party account (as applicable) to charge you.
Your Purchase is confirmed at the point when your financial transaction is authorised and confirmed with your Payment Method.
Subscription Auto-Renewal; Automatic Card Payment
If you purchase an auto-recurring monthly subscription (Subscription), your Payment Method will continue to be billed for the Subscription until the end of the current Subscription month. Your Subscription will automatically continue on a rolling monthly basis (unless specifically provided otherwise at the time of the Purchase) until you have terminated the auto-renewal of the Subscription. By purchasing a Subscription, you are contractually committed to continue making any recurrent payments for the entire Subscription period until you have terminated the auto-renewal of the Subscription.
Please note that some Subscriptions are the subject of special offers whereby the price is reduced for a specific period of time before renewing at the standard (non-reduced) price.
All payments are handled by the Apple App Store or Google Play (App Store), (as applicable) and in accordance with their terms. You may update your Payment Method via the App Store in accordance with their terms.
Objections to a payment already made should be directed to our Customer Care team at help@ziva-app.com if you were billed directly by us. You are still obligated to pay any outstanding amounts you owe us until the end of the then-current Subscription period, provided you have also cancelled the auto-renewal of your Subscription.
Right to cancel straight after Purchase
Subscriptions start upon Purchase confirmation. Pursuant to applicable law, you have 14 days starting from the day following a Purchase to exercise your right to cancel it (without giving any reason) (Cancellation Period).
If you purchased a Paid Service via the App Store that you wish to cancel within 14 days after Purchase, cancellations and refunds are handled by the App Store under their own terms and conditions which we do not control. To request a refund, you must log in to your Apple ID/Google ID and follow the App Store’s cancellation and refund instructions.
In the event that you connect to your account and use the Services before the end of the Cancellation Period, the first log in following the Purchase of a Subscription constitutes an express request by you to have immediate access to the Services, for which you will be charged.
Additional third-party services
The Services may contain advertisements and promotions offered over any third-party platforms and external resources such as third-party websites or mobile applications, social networks, etc. (Third-Party Platforms). We are not responsible for the availability (or lack of availability) of such Third-Party Platforms. If you choose to interact with Third-Party Platforms made available through our Services, their terms will govern their relationship with you. We are not responsible or liable for Third-Party Platform’s terms or actions.
Your termination of Subscription – Account closure
Subscription termination (auto-renewal cancellation)
Unless otherwise stated when you purchase your subscription, the automatic renewal of a Subscription can be stopped from 24 hours after Purchase and until at least 48 hours before the Subscription is due to renew. We will retain all funds charged to your Payment Method until the end of the then-current Subscription term.
Deleting our application from your device does not terminate your Subscription. If you want to terminate the auto-renewal, you will need to log on to your account and follow the instructions.
Once you have turned off the auto-renewal, you will then be entitled to continue using your Subscription until the expiry of its current term. Any remaining payment instalments of the Subscription’s total price will remain due and payable until expiry of the current term. You will then no longer have access to the Subscription from the date the current Subscription term expires, but you will still have access to the free features.
We reserve the right to cancel the automatic renewal of your current Subscription at any time, for example in the event of changes to our offers. In such a case, we will inform you in advance of the cancellation of the automatic renewal.
Non-renewal of Subscriptions purchased via an App Store
If you made a Purchase via an App Store, auto-renewals and terminations are handled by the App Store under their own terms and conditions which we do not control. To request the termination of a Paid Service, you must log in to your Apple ID/Google ID and follow the App Store’s instructions.
Account closure
You may at any time close your account on the Services by following the instructions available in your account section. If you encounter any difficulties, you may contact our Customer Care team who can do this for you. You will no longer be able to use your account, including any Purchase, from the next business day following a closure request. Closing your account does not terminate any current Subscription; all Subscription instalments will remain due and payable for the remaining period of their current term even if you no longer use the Services.
Upon closing your account, you will receive a confirmation email.
Intellectual Property
The App and content we disseminate on the Services
The App and all Services’ names, trademarks, logos, graphics, photographs, animations, videos, texts and generally all content displayed on the Services are our exclusive property or licensed or controlled by us, and may not be reproduced, used or communicated without our express authorization, subject to legal action.
The rights of use granted to you are limited to your private and personal use as part of, and for so long as, you have an account with us. Any other use by you is prohibited. Likewise, you may not copy, reproduce, or otherwise make use of the content produced by other users, other than strictly for personal and private purposes.
You are prohibited, among other actions, from copying, reproducing, downloading, broadcasting, transmitting, modifying, commercially exploiting and/or distributing any of the Services content, pages, or computer codes, in any way whatsoever, subject to legal action.
Content disseminated by users
By having an account and using the Services, and for so long as you have an account with us, you grant us a worldwide licence to use the intellectual property rights arising from the content provided by you (information, images, descriptions, search criteria, recordings, etc.) in connection with your use of the Services, including without limitation your profile and interactions with other users. This licence specifically includes the right for us to reproduce, represent, broadcast, modify, adapt (in order to comply with the graphic charter of the Services and/or to make it compatible with its technical functionalities or the formats supported by the relevant media), translate, digitise, use for the purposes of the Services and/or sub-license the content provided by you on all or parts of the Services, in our emails and notifications to other users or any other communications related to the Services, subject to applicable law.
You warrant that you have all necessary rights and consents to grant the licence in section 9.2.1.
Warranties, Liability and Indemnity
Our obligations in relation to your use of the Services
We expressly exclude all liability in connection with events of any nature, which could take place between you and other users during online interactions or during ‘real life’, in person interactions.
We do not verify the actual identity of all users when they register on the Services. Further, we do not exhaustively control nor moderate the content which users may publish or upload on the Services under their sole responsibility.
We are not liable for the accuracy or inaccuracy of the information and content provided by you or other users, nor for the consequences arising from your or their use of this information and content. We are not liable for any content disseminated by you or another user that may infringe your rights or the rights of one or more of the other users or any other third party.
Operation of the Services
Our Services are provided to you ‘as is’. We do not warrant that you will be able to use them if, for example, your hardware or device does not function properly, if your internet service provider fails to provide an adequate level of service, or if your hardware or device does not have a fully functioning internet connection.
The operation of the Services may be interrupted temporarily due to maintenance, updates, security measures or technical improvements, or to update the content and/or the way it is presented. If possible, we will notify you before any scheduled maintenance or updates which may impact your use of the Services. Some functionalities may also be disabled permanently if required for security or other pressing reasons.
Third-Party Platforms
We do not exercise any control over Third-Party Platforms to which you may be redirected to from our Services from time to time. We exclude all liability for the content of Third-Party Platforms nor any advertisements, products, features, services or any other elements available on or arising from your use of such Third-Party Platforms. The use of Third-Party Platforms is governed by their own terms and conditions.
Safety
By using the Services, you agree to take reasonable precautions when you interact with other users, particularly if you decide to communicate off the Services or meet in person. In addition, you agree to review our Safety Tips before you start using the Services and to follow them at all times when using our Services and interacting with other users. If you post and/or disclose to other users any confidential or sensitive information, such as personal information (surname, postal address, email, telephone number etc.) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk.
General liability
Subject to applicable law, we are only responsible for direct damage caused by us if we fail to provide the Services in compliance with these Terms of Use and applicable laws and regulations. We may not be held liable for any damages incurred by a user in the event those are caused solely by the latter or if we are not in breach of these Terms of Use and/or our statutory obligations. We do not exclude or limit in any way our liability to users where it would be unlawful to do so.
We are not liable for business losses. We only supply the Services for domestic and private use, and commercial use of our Services is strictly prohibited as set forth above. You are fully liable to us if you use the Services for any commercial or business purpose in breach of these Terms of Use.
In the event we would be held liable on the basis of your breach of any of your legal or contractual obligations under these Terms of Use, you will indemnify and hold us harmless against any damages, expenses or orders issued against it resulting from or arising in connection with such breach.
Personal Data
Your personal data is processed in accordance with our Privacy Policy.
Updates to the Terms of Use and the Services
We may update and modify at any time the content and/or features of any of the Services, and these Terms of Use. This means we may add new content or new product features or improve our Services from time to time as well as remove or change some content or features.
You should regularly check for the most recent version of the Terms of Use available on our Services. If the changes include material changes to your rights or obligations, we will endeavour to notify you in advance of the changes to our Terms of Use by reasonable means. If such changes materially impact a functionality or service that you have paid for on the Services, and you do not accept these new conditions, you have the right to terminate the said Purchase without any charge or right to compensation. Please note that any use of the Services until the changes become effective will be billed to you. If you then continue to use that Purchase in any subsequent renewal period or make a new Purchase, then the revised Terms of Use will apply from that point onwards and you will be deemed to have agreed to the revised Terms of Use.
Notifications and Services messages
By using the Services, you consent to us providing you with important notices about your account or the Services. These notices can be shared directly on the Services, via app notifications or through other means associated with your account, such as email. Please review your Settings to control the kind of messages and notifications you receive from us. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including your failure to receive critical information and notifications.
Enforceability
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Assignment
All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, business sale or transfer of assets, or by operation of law or otherwise, provided however that we will endeavour to ensure your rights and obligations remain unaffected by such operation.
Applicable law – Disputes
These Terms of Use are governed, interpreted and applied in accordance with the laws of England, subject to mandatory consumer laws in force in your country of residence.
Prior to commencing legal proceedings or any request for mediation, you must first raise any dispute with us in writing in order to attempt an amicable resolution.
In the event that an amicable solution cannot be reached regarding a dispute relating to the Terms of Use, you can bring a claim in the courts of England. If your country of residence is one of the member States of the European Economic Area, the United Kingdom or Switzerland, you may bring a claim in your country of residence in accordance with applicable law.