END USER LICENSE AGREEMENT


Last updated June 25, 2020

Elate is licensed to You (End-User) by Elated Ltd, located at Albert House, 256 - 260 Old Street, London, Greater London EC1V 1DD, United Kingdom (hereinafter: Licensor), for use only under the terms of this License Agreement.





By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.


The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Elated, not Apple, is solely responsible for the licensed Application and the content thereof.


This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Elated acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.


All rights not expressly granted to You are reserved.



1. THE APPLICATION


Elate (hereinafter: Application) is a piece of software created to facilitate online dating - and customized for Apple mobile devices. It is used to meet and chat with people online.



2. SCOPE OF LICENSE


2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.


2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.


2.3  You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Elated's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.


2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Elated's prior written consent).


2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.


2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.


2.7  Licensor reserves the right to modify the terms and conditions of licensing.



3. TECHNICAL REQUIREMENTS


3.1  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.


3.2  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.



4. MAINTENANCE AND SUPPORT


4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.


4.2  Elated and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.



5. USE OF DATA


You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.elatedate.com/info/privacy-policy.



6. LIABILITY


6.1  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.


6.2  Licensor takes no accountability and responsibility in relation to interactions with other users. Though Elate strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any member on or off of the Service. You are solely responsible for your interactions with other members and you understand that Elate does not conduct criminal background checks on its members or otherwise inquire into the background of its members.  


6.2.1 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 Elate’s 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 members. 


7. WARRANTY


7.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.


7.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Elated's sphere of influence that affect the executability of the Application.


7.3  If we confirm that the Application is defective, Elated reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.


8. RULES FOR USING THE SERVICE


8.1 By using this service, you agree that you are over 18 and you will not:


  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose
  • use the Service in order to damage Elate or Elated Ltd
  • spam, solicit money from or defraud any members
  • impersonate any person or entity or post any images of another person without his or her permission
  • bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
  • 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 account, share an account with another member, or maintain more than one account.
  • create another account if we have already terminated your account, unless you have our permission.
  • 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 is sexually explicit or pornographic or contains nudity or graphic or gratuitous violence.
  • post any content that is hate speech, threatening, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • encourage any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • post content that is defamatory or libellous;
  • post content that relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • post content that itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);


8.2 Any content uploaded to the service is the sole responsibility of the member who posts it, and Elate cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.


9. LEGAL COMPLIANCE


You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.



10. CONTACT INFORMATION                  


For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

     

Elated Ltd

Albert House

256 - 260 Old Street

London, Greater London EC1V 1DD

United Kingdom

support@elatedate.com



11. TERMINATION


The license is valid until terminated by Elated or by You. Your rights under this license will terminate automatically and without notice from Elated if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.



12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY


Elated represents and warrants that Elated will comply with applicable third-party terms of agreement when using licensed Application.


In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.



13. INTELLECTUAL PROPERTY RIGHTS


Elated and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Elated, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.



14. APPLICABLE LAW


This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.



15. MISCELLANEOUS


15.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

             

15.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.