Last updated: Jan 17, 2022

Welcome to Kvitty!

PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR WEBSITE AND OUR SERVICES, AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE SERVICES OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND AGREE THAT SUCH TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE SERVICES AND OUT WEBSITE.

PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE TERMS, AT ANY TIME WITHOUT NOTICE.

THE COMPANY DOES NOT ACCEPT ANY USERS FROM THE COUNTRIES OR TERRITORIES WHERE THE COMPANY'S ACTIVITY SHALL BE ESPECIALLY LICENSED, ACCREDITED OR REGULATED BY OTHER WAYS, OR WHERE ITS ACTIVITY IS LIMITED, PROHIBITED OR RESTRICTED.

YOU SHALL CHECK YOUR APPLICABLE LAW AND BE FULLY RESPONSIBLE FOR ANY NEGATIVE IMPACT ARISEN FROM YOUR RESIDENCE COUNTRY REGULATIONS.

IF YOU ARE TRAVELLING TO ANY OF THESE COUNTRIES AND TERRITORIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.

THE COMPANY RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING THE CLIENTS RESIDING IN OR FROM SPECIFIC COUNTRIES IN ITS SOLE DISCRETION.

1. DEFINITIONS. In the Terms, the following terms shall have the meaning set forth beside them:
   
   "Agreement" means the agreement for the provision of the Services between you and the Company that will be formed when you accept these Terms, and which will include these Terms, the Privacy Policy and any other agreed terms and conditions;
   
   "Affiliate" means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person;
   
   "The Company", "Kvitty", "we", "us" or "our" means Digiapp Labs s.r.o., Address: Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic, Reg. no. 141 54 757. The official representative of Kvitty in the European Union is Digiapp Labs s.r.o. (No. 141 54 757), a company registered at Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   
   "Illegal or Immoral Purposes" means promoting, executing, or funding terrorist, defamatory, discriminatory, fascists or hatred ideologies, activities or groups, and any other activities which are illegal or considered as immoral under the applicable laws and regulations in the jurisdictions where the User or the Company and the Company's Affiliates are located or provide services;
   
   "Parties" means the parties of the Agreement;
   
   "Privacy Policy" means the privacy policy governing the use of any personal information you disclose to us when you register as the User and use the Services;
   
   "Prohibited Activity" includes (but not limited to) any product, service or business relating to gambling, pornography or obscene material, prostitution, alcohol, tobacco, illegal or prescription drugs, drug trafficking, controlled substances, money laundering, terrorism, homeland security or any other activity which is illegal or considered as immoral in the jurisdictions where the User or the Company and the Company's Affiliates are located or provide services;
   
   "Refund Policy" means the refund policy governing the procedure and conditions for refund;
   
   "Restricted Jurisdictions" means the jurisdictions as may be designated by the Company from time to time;
   
   "Services" means the services made available by the Company to users of the Website (primarily being an online mechanism for Users to find and communicate with other Users);
   
   "Terms" means these terms of use;
   
   "User", "your" or "you" means the person or persons, using the Website and/or using the Services via the Website;
   
   "User's Content" or "Content" means any and all information published by Users on the Website or sent by Users to other Users using the channels provided by the Company as part of the Services (including, but not limited: profiles, messages and photographs);
   
   "Website" means a desktop version of the website at https://Kvitty.com/ that provides the users with the Services.
   
2. SCOPE OF THESE TERMS
   1. Unless otherwise stated herein, these Terms govern your using our Services, including the Website that are not governed by the particular terms of use or terms and conditions (collectively, the "Particular Terms").
   2. If you become the User, these Terms together with the provisions of the Privacy Policy (as all are amended from time to time), which can be found on our Website constitute a legally binding contract between us. You should read all of those terms carefully and any other documents that we have supplied or in the future do supply to you.
3. THE SERVICES, REGISTRATION AND ACCESS
   1. THE SERVICES AND ACCESS TO THEM
      1. These are the entire Terms that apply to the use of any services provided in relation to the websites/applications including, but not limited to the use of our data collection and storage practices, downloadable material from our Website any information published on our Website (either by us or by any user), electronic content, real time information about the users, as applicable, content or services that we may add in the future.
      2. Use of the Services is subject to these Terms. If you have any objections to the Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website. Your use of the Services is governed by the version of the Terms in effect on the date each Service is used by you. You are responsible for checking this page on our Website periodically in order to review the current version of the Terms.
      3. You must meet certain eligibility criteria to use our Services. By accessing or using Services, you represent and warrant that: (a) you are at least 18 years; (b) have not previously been suspended or removed from using our or our Affiliates' Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this Website for any illegal activity, including for Illegal or Immoral Purposes and/or Prohibited Activity.
   2. THE REGISTRATION AND ACCOUNT
      1. In order to access and use our Services, it might be required to register for the Services as the User, complete the sign-up process and create an account (the "Account") directly through our Website.
      2. Creating your Account, you shall honestly choose the appropriate status as it is defined and you shall be at least 18 years.
      3. We reserve the right to decline to provide the Services to any person or entity, to suspend, change or terminate the Services, at our sole discretion with or without reasons or prior notice.
      4. We reserve the right to withdraw or amend Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to users to some parts of the Website, to certain Accounts or the whole Website, including registered users.
      5. You are responsible for:
         • Making all arrangements necessary for you to have access to the Website.
         • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms and comply with them.
         • Maintaining and promptly update your Account information.
         • Maintaining the security of your Account by protecting your password and restricting access to your Account.
         • All activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
      6. By accepting the Terms, you hereby represent and warrant to us that:

1. all information you have provided and will provide to us is true, complete, accurate and not misleading;
2. your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services, and not for Illegal or Immoral Purposes;
3. you shall not present the interests of people or entities which are residents at, or otherwise from, the Restricted Jurisdictions;
4. you shall not use the Services in connection with any Prohibited Activity; and
5. you shall not use the Website for any Illegal or Immoral Purposes.

We reserve to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services or the Website, in the event that (i) when we reasonably suspect that you have breached any of the Terms, (ii) when we reasonably suspect fraudulent or illegal activities, or (iii) when the Terms have been terminated. You are solely and wholly responsible for the security of your Account and the use of our Services. We urge you to keep your account password secure and to always log-off from the Services when leaving the device through which you accessed the Services unattended. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Services. You shall notify the Company about all breaches of these Terms that you become aware within the using of the Services. ACCEPTABLE USE When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
2. Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities.
3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
4. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
6. Develop any third-party applications that interact with our Services without our prior written consent;
7. Provide false, inaccurate, or misleading information;
8. Attempt to decompile the Website; or
9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

UNAUTHORIZED ACTIVITIES

1. We ask that you respect our on-line community and other Users when posting Content and using the Services.
2. When submitting content to or otherwise using the Services, you agree not to:

1. submit material that violates someone's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
2. publish falsehoods or misrepresentations that could damage us, our members or any third party;
3. publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
4. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
5. "stalk" or harass any person;
6. behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
7. post advertisements;
8. impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
9. solicit a member's password or other account information;
10. make screenshots of the messages with other users and publish this information by any way;
11. make screenshots of other Users' Content and publish this information by any way;
12. use, publish or keep any information about other users that becomes available for the reason of mistakes or other problems in the Website; or
13. gather (or attempt to gather) members' names, addresses, or email addresses for any purpose.
14. The above-mentioned list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
15. We reserve the right to disclose any information that you or other users submit through the Services, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.

NON-COMMERCIAL USE

1. The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavor. Organizations, companies, and/or businesses may not become the Users and shall not use the Services or the Website for any purpose.
2. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, "scraping" content from the Website, unauthorized framing of or linking to the Website, or misrepresenting the origin, source or association of the Company's Services and/or its content, may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

LICENSE The Company hereby grants the User a limited, non-exclusive, non-transferable license, without the right to sub-license, to access and utilize the Services and its content solely for its own purposes in accordance with common aim for such type of Services.

Financial Products

For the avoidance of doubt, the User may not:

1. use the Services or any of the User's Content in the creation, structuring or provision of any financial instrument or investment product (each, a "Financial Product");
2. present such Services or the User's Content to any customers, potential investors or investors as part of any Financial Product; or
3. use such Services or the User's Content directly in calculations required for the creation, structuring or provision of any Financial Product.

SERVICE FEES AND PAYMENT TERMS

1. Any person might become the User of the Services at no cost. As the User, you will have the ability to participate in all of the features and services available within the Services except for the ability to write messages to other users. In order to write messages to other users, you must purchase credits at the prices indicated on the Website. As a courtesy to our female members, all fees are waived for them.
2. Fees for our Services (the price for credits) may be changed from time to time.
3. Please be informed that transactions are going through our agent with the following details: Digiapp Labs s.r.o.
   Legal address:
   Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   Mailing address:
   Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   Registration number 141 54 757

REFUND POLICY

1. Generally, all charges for purchases and fees for our Services are nonrefundable, and there are no refunds on credits you have spent.
2. Once you have paid for any our Services (e.g. purchasing credits), you have the right to cancel and be reimbursed for payments received within 14 days. If you wish to cancel please let us know via e-mail refund@Kvitty.com. Please note that if you choose to download any of the Content which forms part of any paid for Service or use the credits within the 14-day period, you may lose this right. After the 14 days have expired, the paid for Services are non-refundable.
3. Should you dishonestly apply to your bank, card issuer or payment service provider for a chargeback without first following our refund policy, we may be entitled to bring legal action against you to recover from you any resulting losses that we may suffer.
4. The Company is unable to agree to, or issue any refunds where payment has been made via the iOS or Android mobile Apps. You should contact the relevant payment provider for any such refund requests.

ELECTRONIC NOTICES

1. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that the Company provides in connection with your Account and/or use of the Services. You agree that the Company may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide (if applicable). Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support email support@Kvitty.com to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
2. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to above-mentioned support email. If you decline or withdraw consent to receive electronic Communications, the Company may suspend or terminate your use of the Services.

THIRD-PARTY, ITS SERVICES AND CONTENT

1. We have the right to conclude the contracts or have any other arrangements for the purpose to collaborate with third parties that assist us in attraction of new Users interested in our Services. Such third parties might receive the consideration or reimbursement for attracted Users and their contribution into the Services.
2. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The Company is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you.
3. We do not control or approve any third-party content and shall have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties that are linked to our Service, is at your own risk.

DISCLAIMER OF WARRANTIES

1. OUR SERVICES ARE PROVIDED ON A STRICTLY "AS IS", "WHERE IS" AND "WHERE AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.
2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
4. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
5. You understand and agree that we are not obliged to keep all or part of the User's Content and provide with uninterrupted access to such Content.
6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
7. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY

1. You acknowledge and agree that there are risks associated with the Services provided through the Website as follows:

1. Personal safety when meeting someone in person who you met online;
2. Stalking and harassment;
3. Fraud, when people appeal to your better nature to help them out of an "unfortunate situation" by sending money;
4. People masquerading as somebody who they are not;
5. Spam, selling or fraud, especially romance fraud;
6. Webcam blackmail, where fraudsters record things you may do in front of your webcam then use the recording to extort money;
7. Phishing emails claiming to be from an online dating site and encouraging you to divulge personal information;
8. Being defrauded by using apps or websites posing as authentic dating apps/websites;
9. Potential theft of your money if you do not use a secure link when making payments.

The list of risks is not limited by abovementioned and you shall be attentive and care despite the possible sense that you are not the person who might be a subject of mislead or fraud.

The Company is waived any responsibility or liability for Users' interaction with fake or false Users of the Services.

BY USING THE WEBSITE AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.

1. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY RECORDS, PROGRAMS OR SERVICES.
2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

USERS' CONTENT When the User is using our Services, the is obliged no post, send or upload any Content which:

1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2. is obscene, pornographic or otherwise may offend human dignity;
3. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
4. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
5. is defamatory;
6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7. involves the transmission of "junk" mail or "spam";
8. impersonates a person, company or brand with the intent to deceive or confuse others;
9. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from the Company or otherwise;
10. itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
11. shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
12. contains images of children, even if you are also in the photo, or endangers minors.

Please use your common sense when picking the Content that you choose to post on, upload or send via our Services because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using the Services and we may disable your account or block you from further use of the Services. We may remove any Content you submit to the Website if we believe it violates the Terms or we are required to do so by applicable law.

1. NO MARRIAGE AGENCY
   1. The Company does not have status of marriage agency and does not provide with the services that the marriage agencies usually render in any jurisdiction.
   2. The Company is not subject of regulation by the US International Marriage Broker Regulation Act of 2005 (IMBRA).
2. UNCLAIMED PROPERTY We reserve the right to expire any unused credits expire 6 months. If you delete your Account or if your Account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
   
3. FEEDBACK We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding the Company or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of The Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in this section.
   
4. IP RIGHTS
   1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on Website or provided in connection with the Services, including, without limitation, the Services and its entire contents, features, and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files, other files and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of the Company or our Affiliates, licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
   2. The Company's or the Services' name, the Company's logo and any other Company's product or service names, logos or slogans that may appear on our Services are trademark and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Services without our prior written permission, including without limitation any messages or other "hidden text" utilizing any trademark, product or service name of the Services. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
5. PRIVACY POLICY & SECURITY
   1. Please see our current Privacy Policy at https://Kvitty.com/privacy/.
   2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
6. SUSPENSION. TERMINATION In the event of any Force Majeure Event (as defined in "Miscellaneous" Section 18), breach of this Terms, or any other event that would make provision of the Services commercially unreasonable for the Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and Content in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
   
7. MISCELLANEOUS Entire Agreement. Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
   
   Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
   
   Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
   
   Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
   
   Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
   
   Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
   
   Website's Language. The official language of the Company and its appropriate Services is English. The Company has the right to add additional languages for some purposes. Despite this fact, English language remains official.
   
   Terms' Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications. In the course of such translation or communication some of the information contained herein may be lost, corrupted, or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
   
   Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the law of Singapore.
   
   Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London (UK). The language to be used in the arbitral proceedings shall be English.
   

CONTACT US

EMAIL
company@Kvitty.com

I. Privacy Policy

1. Introduction Digiapp Labs s.r.o., Address: Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic, Reg. no. 141 54 757, Czech Republic (Kvitty, the "Company", "we", "us" or "our") respect your right to privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you use our Website (regardless of where you use it from) and tell you about your privacy rights and how the law protects you.
   
   Please also use the Definitions section 13 to understand the meaning of some of the terms used in this Privacy Policy.
   
2. Important information
   1. Purpose of this Privacy Policy This Privacy Policy aims to give you information on how we collect and process your personal data through your use of our Website, including any data you may provide through the Website when you creating Account.
      
      This Website is not intended for children and we do not knowingly collect data relating to children. Our Services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our Website and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the Service or contact us.
      
      It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
      This version was last updated on June 18, 2019.
      
   2. Controller We are the data controller and responsible for your personal data.
      
      We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
      
   3. Contacting us Our full contact details are:
      Digiapp Labs s.r.o., Address: Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic, Reg. no. 141 54 757. The official representative of Kvitty in the European Union is Digiapp Labs s.r.o. (No. 141 54 757), a company registered at Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   4. email: company@Kvitty.com
      
      The official representative of Kvitty in the European Union is Digiapp Labs s.r.o. (No. 141 54 757), a company registered at Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
      
   5. The Data Protection Legislation On 25th May 2018 Regulation 2016/678 of the European Union on the protection of personal data ("GDPR") came into force and we respect and follow this regulation in relation to the European Union residents as well in relation to other users (with some limitations depending on the user's residence) for the reason that GDPR is the best practice for the purpose of data protection (excluding mandatory requirements of the Company's domestics legislation).
      
      It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
      
      We waive any liability and responsibility in relation to the fake or false data provided by the users.
      
   6. Third-party links This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins and applications and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every website, plug-in and application you visit.
      
3. The data usually collecting from the User Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
   
   We may automatically collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
   
   Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
   
   Contact Data includes address, email address and telephone numbers.
   
   Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
   
   Usage Data includes information about how you use our Website.
   
   Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
   
   We do not collect Financial Data including payment card details, because all transactions are proceeding through especially specialized and engaged third parties. We would like to pay your attention that providing with any details of your credit (debit) cards within your profile data or messages is strongly not recommended. We do not have any liability and responsibility if you provide such information voluntary within your Account and/or Content.
   
   Please be informed that transactions are going through our agent with the following details:
   
   Digiapp Labs s.r.o.
   Legal address:
   Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   Mailing address:
   Miloticka street 479/8, 155 21 PRAHA 517, city Prague, Czech Republic
   Registration number 141 54 757
   
   We might collect some Transaction Data including details about payments from you if such data is provided by third parties mentioned above.
   
   We do not collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), but we do not have any liability and responsibility if you provide such information voluntary within your Account and/or Content.
   
   If you fail to provide with personal data
   
   Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services). In this case, we may have to cancel the Services you have with us but we will notify you if this is the case at the time.
   
   Your duty to inform us about changes
   
   It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
   
4. The process of data collection We use different methods to collect data from and about you including through:
   
   Direct interactions. You may give us your Identity, Contact and Financial Data as part of our requirements by providing such information and completing profile.
   
   This includes personal data you provide when you:
   
   

1. create an Account on our Website;
2. enter to our Website through your current account in social networks;
3. subscribe to our service or publications; or
4. give us some feedback.

Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookies Policy in Section II or further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties.

Data Protection Principles

We will ensure that the personal information we hold about you is:

1. used lawfully, fairly and in a transparent way;
2. collected only for specified and legitimate purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
3. adequate, relevant and limited to what is necessary in relation to the purposes we have provided you about;
4. accurate and kept up to date;
5. not kept in a form which permits your identification for longer than necessary and kept only as long as necessary for the purposes we have provided you about;
6. kept securely; and
7. not transferred to another country without appropriate safeguards being in place.
8. Using of personal data We will only use your personal data in accordance with Data Protection Legislation and the Data Protection Principals. Most commonly, we will use your personal data in the following circumstances:
   
   
   • Where we need to perform the contract, we are about to enter into or have entered into with you.
   • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
   • Where we need to comply with a legal or regulatory obligation.

Purposes of use of personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:

Purpose for which data is used Data Legal basis To provide you with our Services Name, email address, date of birth, location Contractual necessity To facilitate networking opportunities on our Website Optional information that you choose to provide in your profile, which may include information about your sexual preferences, religion, ethnic background, photos etc. Consent To verify your identity and prevent fraud and to ensure the safety and security of users Phone number Legitimate interests – it is in our legitimate interests to ensure that accounts are not set up fraudulently and to safeguard users of the Website To serve targeted advertisements to users of our Website Demographic and location information Legitimate interests – it is in our legitimate interests to target advertisements so that users see relevant advertisements and to allow us to generate income from advertising revenue To send you marketing information about our offers and services Email address and mobile phone number Legitimate interests – it is in our legitimate interests to promote our products and Services To show "nearby" location information to you and other users of the Website Wifi access points and location data when you use the mobile app Consent To provide the lookalikes function Photos and faceprint Legitimate interests – it is in our legitimate interests to provide this functionality To carry out analysis to help us improve the Website Log and usage data, including IP address, browser type, referring domain, pages accessed, mobile carrier and search terms Legitimate interests – it is in our interests to analyze the way in which users are accessing and using our services so that we can further develop the Website and improve the Services To fill Kvitty advertising content attracting new users Photos, faceprint and videos Consent To respond to correspondence and queries that you submit to us Email address and IP address Legitimate interests – it is in our legitimate interests to respond to your queries to ensure that we provide a good service to users and troubleshoot problems Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us at any time.

Change of purpose

We will only use your personal data for the purposes for which we collected.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

1. Disclosures of personal data We may have to share your personal data with the parties set out below for the purposes set out in the table:
   
   
   • liaising with regulators;
   • liaising with third party service providers (which may be providing other services, e.g. transaction service providers, advertisers);
   • liaising with any individual person and/or entity to which we have outsourced certain functions;
   • liaising with our legal advisors in respect of the services being provided to you by us.
   • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

1. Data security We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
   
   We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
   
   We use SSL/TLS certificates for the purpose of security of the Users' data.
   
2. Data retention The period of use of personal data
   
   We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
   
   To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
   
   Usually we keep your personal information only as long as we need it for business purposes (as set out above) and as permitted by applicable law.
   
   In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window), unless:
   
   
   • we must keep it to comply with applicable law (for instance, some "traffic data" is kept for one year to comply with statutory data retention obligations);
   • we must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms of Use, Privacy and Cookies Policies and other similar consents are kept for five years);
   • there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
   • the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
3. User's legal rights You have certain rights in relation to your personal data as summarised here:
   
   
   • Right to be informed – you have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights; this is why we are providing you with the information in this Privacy Policy;
   • Right to withdraw consent – where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time;
   • Right of access – you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
   • Correcting information – where we hold information about you that is inaccurate or incomplete, you have the right to ask us to rectify or complete it;
   • Right to be erased - This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
   • Right to restrict processing – in certain circumstances you have the right to restrict some processing of your personal information, which means that you can ask us to limit what we do with it. For example, you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
   • Right to object to processing – you can object to us processing your personal information in certain circumstances, including where we are using it for the purpose of the Company's legitimate business interests;
   • Right to data portability – you have the right to obtain from us and re-use your personal data for your own purposes. This only applies, however, where the processing is carried out by automated means, to personal data that you have provided to us yourself (not any other information) and where the processing is based on your consent or for the performance of a contract;
   • Right to complain - you are able to submit a complaint to authorities about any matter concerning your personal information, using the details below. However, we take our obligations seriously, so if you have any questions or concerns, we would encourage you to raise them with us first, so that we can try to resolve them.

The implementation of your legal right is subject to section 11 below and relevant procedure, i.e. contacting us you shall provide us with written request signed by you and containing clear information about you, the data, the right in relation to the personal data.

1. Subject Access Requests You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may refuse to comply with your request in circumstances where your request is clearly unfounded, repetitive or excessive.
   
2. Information that might be requested from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
   
3. Time limit to respond We try to respond to all legitimate requests as soon as reasonably practicable and, in any event, within 30 days of receipt of the request.
   
4. Definitions data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
   
   data subjects for the purpose of this policy include all living individuals about whom we hold personal data. All data subjects have legal rights in relation to their personal information.
   
   personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
   
   data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed.
   
   data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.
   
   data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
   
   processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
   
   sensitive personal data and/or special categories of personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.