Terms - old version - do not publish

KG Connect Limited SoulMatcher Terms of Use

Last revised: June 7, 2023

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:

download the SoulMatcher App;
confirm telephone number via sms-notification;
give your permission to send you push notifications;
write your name;
write your nickname;
add your date of birth;
add your photo (there could be an option to skip this stage and add your photo later);
add your gender identity;
to help improve your matches and find compatible partners we may ask you to evaluate yourself on 3 indicators using a 10-point scale: narcissism, borderline and empathy.

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:

use the SoulMatcher or any content contained in the SoulMatcher for any commercial purposes without our written consent;
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the SoulMatcher without the Company’s prior written consent;
express or imply that any statements you make are endorsed by the Company;
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the SoulMatcher or its contents;
use the SoulMatcher in any way that could interfere with, disrupt or negatively affect the Soulmatcher or the servers or networks connected to the SoulMatcher;
upload viruses or other malicious code or otherwise compromise the security of the SoulMatcher;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the SoulMatcher;
"frame" or "mirror" any part of the SoulMatcher without the Company’s prior written authorization;
use meta tags or code or other devices containing any reference to the Company or the SoulMatcher (or any trademark, trade name, service mark, logo or slogan of the Company and the SoulMatcher) to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SoulMatcher, or cause others to do so;
use or develop any third-party applications that interact with the SoulMatcher or other users' content or information without our written consent;
use, or develop any third-party applications that interact with the SoulMatcher or other users' content or information without our written consent;
probe, scan or test the vulnerability of the SoulMatcher or any system or network;
encourage or promote any activity that violates these Terms.

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:

that is abusive, defamatory, false, inaccurate, libelous, misleading, malicious, obscene, threatening, or promotes illegal activities or conduct;
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
promotes an illegal or unauthorized copy of another persons’ copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music, artworks or links to pirated music, artworks files;
contains restricted or password only access pages, or hidden pages or artworks (those not linked to or from another accessible page);
publicly displays inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
provides instructional information about illegal activities such as, including but not limited to, making or buying illegal weapons, violating someone’s privacy, money laundering, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other end users or any third parties;
that contains any other violent content, materials, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.

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

contact us by email at: [email protected].

9. Reservation of the Company’s Rights

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.