KG Connect Limited (“Company”, “we”, “our” or “us”) offers SoulMatcher application (the
“SoulMatcher
App”) that enables end users (‘User” or Users” and “you”, or “your”) to search for, connect and
interact with other Users and pass personality tests/assessments. The SoulMatcher App is
available
on iOS and Android platforms and the Services are available in the SoulMatcher App and website:
https://www.soulmatcher.app (the “Website”). The SoulMatcher App and the Website hereinafter
together referred to as the “SoulMatcher”.
After You create an account in the SoulMatcher App, you are able to access services and products
that we may provide to you.
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND THE COMPANY. THESE TERMS GOVERN YOUR ACCESS TO THE SoulMatcher. BY
SIGNING UP FOR AN ACCOUNT, BY DOWNLOADING THE SoulMatcher App, BY USING THE WEBSITE, OR THE
SERVICES AND PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE DOCUMENTS
REFERRED TO
IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST
NOT
ACCESS OR USE THE SoulMatcher App. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER
TERMS,
CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SoulMatcher YOU MUST
DISCONTINUE ACCESS TO AND USE OF THE SoulMatcher. YOU REPRESENT THAT YOU ARE OVER 18 YEARS
OLD.
BEFORE USING THE SoulMatcher PLEASE MAKE SURE TO BE FULLY AWARE OF THE TERMINOLOGY USED IN
THE
SoulMatcher AND ITS MEANING. ALL SPECIAL TERMINOLOGY USED IN THE SoulMatcher IS GENERALLY
ACCEPTED IN PSYCHOLOGY AND IS NOT INTENDED TO OFFEND YOU. THE SoulMatcher CONTAINS USER
GENERATED CONTENT. IF YOU FIND THE RATINGS AND EVALUATION GIVEN TO YOU BY OTHER USERS AND/OR
TESTS RESULTS OFFENSIVE TO YOU, THEN YOU SJHOULD STOP USING THE SoulMatcher.
These Terms are effective on the earlier of the date you first sign up for an account, download
the
SoulMatcher App or use the Website.
1. Your Account
You must register for a SoulMatcher account to use the SoulMatcher. You need to:
You must provide the information reasonably requested by the Company for that purpose. You
represent
and warrant to the Company that you have not misrepresented any information that you have
provided
to the Company in connection with your SoulMatcher account. You are solely responsible for all
activities that occur under your SoulMatcher account. If you become aware of any unauthorized
use of
your SoulMatcher account, you must notify us immediately to:
[email protected]
. It is your responsibility to update or change your SoulMatcher account information, as
appropriate.
2. Your Privacy and Personal Information
For a summary of how the Company collects, processes and uses personal information, please see
the Company’s Privacy Policy placed at: https://www.soulmatcher.app/privacy.
When you use the SoulMatcher, you may also interact with others by clicking on the links to
third parties’ websites the SoulMatcher may contain. The others with whom you interact in this
way may also collect, use and disclose your personal information. The Company’s Privacy Policy
only describes how we collect, process and use your personal information. To understand how
others, with whom you interact, collect, use and disclose your personal information, you must
review their privacy statements.
3. Your Interactions with Other Users
The Company strives to encourage a respectful User experience through features like the double
opt-in that allows the Users to communicate only after they have both indicated interest in one
another, the Company is not responsible for the conduct of any User on or off of the
SoulMatcher. You agree to use caution in all interactions with other Users, particularly if you
decide to communicate off the SoulMatcher or meet in person.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE
COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS OR OTHERWISE INQUIRE INTO THE
BACKGROUND OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR GIVES NO WARRANTIES AS TO THE
CONDUCT OR COMPATIBILITY OF THE USERS.
4. Tests
The Company may from time to time suggest you to pass personality tests on the SoulMatcher to
improve your life and relationships and to get a better understanding of your personality.
Passing such tests is absolutely voluntary and only you can decide who of the registered users
may see your tests results. You, at any time, can also restrict access of other users to this
information or close this information from other users in your SoiulMatcher profile or by
sending the Company a corresponding notification to email:
[email protected]
.
In case of restriction and/or closure by you of other users' access to your test results, we
will not be able to offer you access to all SoulMatcher functionality and you shall be deprived
of the opportunity to fully use the SoulMatcher.
PLEASE BE ADVISED THAT THOSE PERSONALITY TESTS YOU ARE TAKING ARE STRICTLY FOR INFORMATIVE
PURPOSES. YOU ARE NOT SUPPOSED TO SELF DIAGNOSE OR DIAGNOSE OTHERS. PLEASE SPEAK WITH A MENTAL
HEALTH PROVIDER FOR MEDICAL OR MENTAL HEALTH ADVICE IN CASE YOU ARE CONCERNED THAT ANYTHING
MENTIONED IN THOSE TESTS CAN RELATE TO YOU.
5. License
The Company grants you a personal, revocable, limited, non-exclusive, royalty-free,
non-transferable license to use the SoulMatcher to access and use the User functionality,
content, services and products that are available in the SoulMatcher subject to and conditional
on your continued compliance with the terms and conditions of these Terms. These Terms permit
you to use the SoulMatcher for your personal use only, and not for any commercial purpose.
This license and any authorization to access the SoulMatcher shall be automatically revoked in
the event that you do the following:
6. Your Content Posted on or transferred via the SoulMatcher. Moral and Ethical Rules
When you create your own SoulMatcher account you may generate, post, upload or transfer your
photos, communications, comments, data, feedback, files, questions, texts (“Your Content”) to
other end users and/or the Company. The Company shall not be responsible for any public display
or misuse of Your Content. You shall be solely responsible for Your Content and consequences of
posting or publishing such Your Content.
We expect and demand that you comply with all applicable laws and these Terms when using the
SoulMatcher and when submitting or posting Your Content to the SoulMatcher or transferring Your
Content to other Users in the App or on the Website, otherwise the Company reserves the right to
investigate, remove Your Contact that violates these Terms and applicable laws and revoke your
authorization to use the SoulMatcher without the possibility to restore your account in future.
If you notice that someone of the Users posts prohibited content, offends other users or
otherwise violates these Terms and/or any applicable law, please contact us by email at:
[email protected].
By submitting any Your Content while using the SoulMatcher you agree that you will not submit
Your Content:
7. Fees and Payments
The Company reserves the right at any time to charge fees for access to portions or all of the
SoulMatcher, services and products provided through the SoulMatcher. We will obtain your prior
agreement to pay such fees prior to charging your account. We will give you advance notice if at
any time we require a fee for portions or all of the SoulMatcher that are currently made
available at no cost. All new fees, if any, will be posted prominently on the SoulMatcher. All
fees shall be billed to and paid for by you. You shall pay (a) all fees incurred through your
account at the rates in effect for the billing period in which such fees are incurred, and (b)
all applicable taxes relating to your purchases through your account.
8. Apple App Store and Google Play Store
a) The following applies to the SoulMatcher App you obtain from the Apple App Store
(“SoulMatcher Apple App”): You acknowledge and agree that these Terms are solely between you and
the Company, and not with Apple, Inc. (“Apple”) and the Company, not Apple, is solely
responsible for the SoulMatcher Apple App and the content thereof. You may only use the
SoulMatcher Apple App on Apple branded products that you own or control. You must comply with
the App Store Terms of Service. In the event of any inconsistency between a term of these Terms
and a term of the App Store Terms of Service, the term of the App Store Terms of Service will
prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the SoulMatcher Apple App.
You acknowledge that Apple is not responsible for addressing any claims of you or any third
party relating to the SoulMatcher Apple App or your possession and/or use of the SoulMatcher
Apple App, including (a) product liability claims, (b) any claim that the SoulMatcher Apple App
fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under
consumer protection or similar legislation, and all such claims are governed solely by these
Terms and any law applicable to the Company as a supplier of the SoulMatcher Apple App.
You acknowledge that, in the event of any third-party claim that the SoulMatcher Apple App or
your possession and use of the SoulMatcher Apple App infringes that third party’s intellectual
property rights, the Company, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim, to the
extent required by these Terms.
b) The following applies to the SoulMatcher App you obtain through the Google Play Store
(“SoulMatcher Google App”): You acknowledge and agree that these Terms are solely between you
and the Company, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”).
You must comply with current Google Play Terms of Service. In the event of any inconsistency
between a term of these Terms and a term of the Google Play Terms of Service, the term of the
Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store
where you obtain the SoulMatcher Google App. The Company and not Google, is solely responsible
for the SoulMatcher Google App. Google has no obligation or liability to you with respect to the
SoulMatcher Google App or these Terms. You acknowledge and agree that Google is a third-party
beneficiary of these Terms.
If you have any questions, complaints or claims with respect to the SoulMatcher Apple App or the
SoulMatcher Google App, you may direct them to:
KG Connect Limited at: 15/F., BOC Group Life Assurance Tower, 136 Des Voeux Road Central,
Central,
Hong Kong, or
The Company and its licensors have and will retain all right, title and interest in and to the
SoulMatcher, services and products provided through the Soulmatcher, and the software and
systems
used to provide them (including all patent, copyright, trademark, trade secret and other
intellectual property rights), and all copies, modifications and derivative works of any of
them.
You acknowledge that you are obtaining only a limited right to access and use the SoulMatcher.
No
rights shall be granted to you under these Terms other than as expressly set forth in these
Terms.
Without limitation, you have no right to use any trademarks owned or used by the Company.
10. License to Use Your Feedback
You grant to the Company and its affiliates a worldwide, perpetual, irrevocable, royalty-free,
transferable, sublicensable (through multiple tiers) license to use and incorporate into its
services any suggestion, enhancement request, recommendation, correction or other feedback
provided
by you.
11. Links to Other Sites
The SoulMatcher may provide links to other websites on the Internet for your convenience in
locating
or accessing related information, products, and services. These sites have not necessarily been
reviewed by the Company and are maintained by third parties over which the Company exercises no
control. Accordingly, the Company expressly disclaims any responsibility for the content, the
materials, the accuracy of the information, and/or the quality of the products or services
provided
by, available through, or advertised on these third-party websites. Moreover, these links do not
imply an endorsement with respect to any third party or any website or the products or services
provided by any third party.
12. Content, Functionality, and Access
The Company may at any time, with or without notice, without liability, and for any reason (a)
remove any content from the SoulMatcher; (b) remove any functionality from the SoulMatcher; (c)
change any functionality on the SoulMatcher; (d) modify the SoulMatcher App or Website, and (e)
deny
any person access to the SoulMatcher. The Company furthermore reserves the right to take any
action
related to the SoulMatcher, services and products that is required to comply with applicable
law.
13. Disclaimer of Warranties and Limitation of Liability
THE SoulMatcher App, THE WEBSITE, THE SERVICES AND PRODUCTS, CONTENT ARE PROVIDED “AS IS” AND
“AS
AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE
SoulMatcher
App, THE WEBSITE, THE SERVICES AND PRODUCTS, CONTENT IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS
ALL
WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE)
IN
CONNECTION WITH THE SoulMatcher App, THE WEBSITE, THE SERVICES AND PRODUCTS, CONTENT, INCLUDING
ANY
WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO
REPRESENTATION OR WARRANTY THAT THE SoulMatcher App, THE WEBSITE, THE SERVICES AND PRODUCTS,
CONTENT
WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE SoulMatcher App, THE
WEBSITE,
THE SERVICES AND PRODUCTS, CONTENT WILL BE SECURE, OR THAT THE ANY FILES OR INFORMATION THAT YOU
DOWNLOAD FROM THE SoulMatcher App and WEBSITE WILL BE FREE OF MALICIOUS CODE. THE COMPANY IS NOT
RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SoulMatcher App AND
WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR
RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SoulMatcher. YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITESoulMatcher App, THE WEBSITE, THE SERVICES
AND
PRODUCTS, CONTENT IS TO STOP USING THEM.
14. Indemnity
You will indemnify and hold the Company (and the Company’s directors, officers, employees,
partners,
suppliers and agents) harmless from all Losses arising from your use of the SoulMatcher, or your
breach of any of these Terms, and from all Losses resulting from any information submitted by
you
that is untrue, inaccurate or incomplete.
15. Termination and Suspension
If you fail to comply with these Terms, then, without limiting any other right or remedy
available
to the Company, the Company may suspend or terminate your license to use all or any part of the
SoulMatcher, with or without notice to you, and without any liability to you or any other
person. If
your license is canceled due to non-compliance with these Terms, you will be banned.
The Company may suspend or terminate your license to use all or any part of the SoulMatcher, at
any
time, for any reason or no reason, with or without notice to you, and without any liability to
you
or any other person.
If the Company terminates or suspends your license to use all or any part of the SoulMatcher
and/or
some or all of the services, products and content provided through the SoulMatcher, then these
Terms
will nevertheless continue to apply in respect of your use prior to such termination or
suspension.
16. Amendments
The Company may unilaterally amend all or any part of these Terms at any time by updating these
Terms on the SoulMatcher. We will provide you with notice of the proposed amendments by posting
an
amended version of these Terms with a new version date. The amendments will take effect
immediately
on the date on which the amended version is posted. If you disagree with any amendments, you
should
stop using the SoulMatcher immediately. There will be no cost or penalty for doing so. If you
continue to access or use the SoulMatcher after the amended version of the Terms has been
posted,
you thereby agree to the amended Terms. You agree to review these Terms regularly to determine
your
rights and responsibilities.
17. Governing Law and Dispute Resolution
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or
related to (a) the SoulMatcher, the services and products provided through the SoulMatcher, or
(b)
these Terms, or their subject matter, negotiation, performance, renewal, termination,
interpretation, or formation, shall be governed by and interpreted according to the laws of the
Hong
Kong, without regard to any conflicts of law rules that might apply the laws of any other
jurisdiction. Any dispute or claim arising out of or relating to these Terms will be referred to
and
finally resolved by the courts of Hong Kong.
18. Entire Agreement
These Terms represent the entire agreement between you and the Company with respect to use of
the
SoulMatcher and services and products provided through the SoulMatcher, and they supersede all
prior
or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or
written between you and the Company with respect to any of the foregoing.