Welcome to AppRoach (hereinafter referred to as the “AppRoach” and /or “App” interchangeably), and maintained by Or Kern Software Ltd (the “Company”, “we” or “us”) with registered address located at Grigori Afxendiou 7, Office 43A, 6032, Larnaca, Cyprus.
Contact information: [email protected]
Our services are provided subject to the following terms and conditions.
By creating an account and/or using App, whether through mobile device, mobile application or computer (hereinafter referred to as the “Service”) you agree to be bound by these terms and conditions and our Privacy Policy . Please read them carefully. We reserve the right to add, delete and/or modify any of these Terms of Use, at any time and in our sole discretion. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. If any modification is unacceptable to you, your only recourse is to not use the App and our Services. Your continued use of the App following posting of a change notice, or new Terms of Use, will constitute binding acceptance of the changes.
Eligibility:
Our services are provided to parties that can lawfully enter into and form contracts under applicable law. You hereby warrant that you are not prohibited by any authorised authority, judicial order or law into entering into any agreement. The use of this Service is intended for individuals over the age of 18.
Your Account:
Once you download the App, you will be prompted to upload your photograph, your gender and gender preference. Free membership will entitle you to basic membership.
You are responsible for keeping your phone non accessible to third parties and you are solely responsible for all activities that occur during your use of the App. If you think someone has gained access to your account, please immediately contact us.
Once you have downloaded the App, we will provide you with access to an online database of other registered members. The online database contains profiles about other AppRoach members which contain limited personal information including the option to make your location public and to communicate with such members. You can find more information about the types of personal information that is collected and how this information is made available to other members in our Privacy Policy.
By using the Service, you agree that you will not:
If you activate the “online” function provided by the App, this will show another member of the App located in the same area as You that you are a) nearby and b) willing to be approached by them based on a match search criterion such as your gender, gender preference and your current location.
Owners and/or operators of the matched locations are third parties, not the Company. The displaying of information about potential dating spots or locations does not in any way imply, suggest or constitute any association of the Company with such third-parties, or any affiliation between the Company and third-party suppliers.
The displayed information is based on publicly available sources like the official websites of the properties or Google Maps. This information may be outdated, inaccurate or incomplete. The Company is not responsible for the accuracy or completeness of this type of information.
You have the option to either remain “offline” or deactivate the “online” function to “offline” at any moment at your own discretion entirely.
You are solely responsible for your interactions online or in person, with individuals identified for you by AppRoach. You agree to use caution in all interactions with other members. By using our Services, you understand and agree that We do not in any way screen the members of this App nor conduct background and/or identity checks. We make no representations or warranties as to the conduct of any person it has located or will locate for you. In no event will we be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services.
In consideration for AppRoach allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. Our Service may contain links to third party websites or services and advertisements that are not owned or controlled by AppRoach.
AppRoach has no control over and assumes no responsibility for the content, privacy policies, or practises of any third-party web sites or services. AppRoach provides these Third-Party services only as a convenience and does not review, approve, monitor or endorse such Third-party services. You further acknowledge and agree that AppRoach shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other website users, or any Third-party services.
The Company retains all rights, titles, and interests in the Service and the App and the corresponding intellectual property rights and reserves all rights not expressly granted. This includes the copyright to the content of the App and certain technology used in providing our Services. You will not acquire any right, title or interest therein under these terms of use or otherwise to any intellectual property owned by the Company.
Copyright:
Copyright in the Service and the App (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act and similar legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the App; or
(b) Commercialize any information, products or services obtained from any part of the Service or the App;
without our prior written permission.
We grant you a limited, non-assignable, nonexclusive, revocable license to access and use the App for its intended purposes, subject to your compliance with these Terms of Use. This license does not include the right to collect or use information contained on the App for purposes prohibited by Us; to compete with Us; to create derivative works based on the content of the App; or copy the App. If you use the App in a manner that exceeds the scope of this license or you breach these Terms of Use, we may revoke the license granted to you.
Trademarks:
The Company is the owner of any registered, pending or unregistered trademarks bearing the word “AppRoach” with or without logo. If you use any of the trademarks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trademarks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the App).
We reserve the right to modify the organization, structure or “look and feel” of the App, and may bring you additional functionality that you will find useful or change, suspend, or discontinue any aspect of the services at any time without any liability to you or any third party. You understand that We shall have complete discretion over the features, functions, prices and other terms and conditions on which the App offers to its users.
You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.
You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
Although We reserve the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and We 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 or via email.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the App, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the App or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the App or the Website or with any delay or inability to use the App or the Website, or for any information, products and other services obtained through the App or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the App or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the App or the Website by other members or users;
(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the App, including without limitation any conduct which causes physical injury to any person.
Disclaimer:
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions:
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Indemnity:
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless our Company, our affiliates, and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Profile, or your breach of this Agreement.
This agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the App.
You may terminate your membership by deleting our account in the App at any time for any reason effective immediately.
Termination of your access:
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
Termination of membership by us:
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us.
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All disputes arising out of, relating to or connected with these Terms of Use, or your use of any part of Our Services will be exclusively resolved under confidential binding arbitration held in Cyprus, before and in accordance with the Rules of the Cyprus Courts of Law. The court’s award will be binding and may be entered as a judgment in any higher court of competent jurisdiction.
These Terms of Use will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflict of law principles. The Terms of use are not assignable or transferable by you without the prior written consent of the Company. These Terms of Use (including all of the policies and other Agreements described in these Terms of Use, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and the Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use, all of which will remain in full force and effect.
We will generally communicate with you using online methods such as e-mail or via the App. You can contact us by post or via email communication.