Terms and Conditions

Terms of Service

Updated as of January 14, 2024

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS. PLEASE BE SAFE WHEN INTERACTING WITH USERS.

This Terms of Service Agreement (the "Agreement") controls your access and use of Evinie and hi5 (collectively, the "Services") made available to you (the "Member" or "you") by Evinie Essense, Inc. ("Company"). By downloading or using Evinie you agree to this Agreement, our Privacy Policy, and our Content and Conduct Policy. The Privacy Policy and the Content and Conduct Policy are each part of this Agreement. ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR THE SERVICES. By accessing the services and/or completing the registration process for one of our Services, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering for one of our Services, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.

IMPORTANT NOTICE: PETS GAME; YOUR IRREVOCABLE CONSENT TO USE YOUR LIKENESSES AND PROFILE DESCRIPTIONS

By becoming a member or by downloading or using Evinie , you understand and agree to participation in the Pets Game included with the Service. You understand and agree that the Pets Game enables other Members to have access to your profile descriptions and likenesses, and those Members may utilize those description and likenesses in various ways. This use may include designating you and other Members as "pets" which Members may "own," and "selling" (for in-game currency) such "pets" to other Members. The Company may indicate a "value" associated with each pet, based on criteria established by the Company, which may include the number and frequency of "sales" involving that pet. The value assigned to each pet may fluctuate over time. The company may publish rankings and other data that include references to or calculations of the value of the pets owned by Members. By becoming a Member, you irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, to use, and to permit others, including other Members, to use, your image, likeness, appearance, profile information, or other personal characteristics in connection with the operation of the Pets Game or other operations of the Service, in perpetuity, without further consent from you, and without royalty, payment, or other compensation.

A) Changes to the Terms

The Company reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at the Company's sole discretion. The most recent version of this Agreement will be posted on the Services. Although the Company will provide notice of material changes to this Agreement on the Services, as a member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with the Company in any way, Member's only solution is to immediately: (1) discontinue use of the Services; (2) terminate their Services registration; and (3) notify the Company of termination.

B) Description of Services

As a member, you will be provided with a variety of Services, as described on the Services. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. The Company reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at the Company's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Member Conduct

You must use the Services in accordance with the Content and Conduct Policy.

Use of the Services by you, as a member, is subject to all applicable local, state, national and international laws and regulations. The Company reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does the Company guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, the Company, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies. Without limitation, the Company reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

1. Members shall not attempt to gain unauthorized access to the Company's database or other computer systems.

2. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Services.

3. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services.

4. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.

5. Members shall not attempt to buy Evinie EGifts outside of the Evinie.com website.

6. Members shall not attempt to sell Evinie EGifts.

7. Members shall not attempt to sell a user account associated with one of the Services.

All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company and its designees. The Company has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Services. The Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of the Company. The Company is not obligated to provide a member with a warning prior to removal.

D) Privacy

The Company has established a Privacy Policy to explain to Members how their information is collected and used. The policy explains how and when the Company may use Member information and content. Member's use of our Services signifies acknowledgment of and agreement to the Company's Privacy Policy.

E) Document Retention Schedule

All personal information collected by the Company in connection with your use of the Services, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, IP addresses and other data, may be stored by the Company indefinitely and will be stored in a safe and secure manner.

F) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM THE COMPANY AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY THE COMPANY FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G) Member Account and Password

Once Member registers for the Services, Member will have a password and an account with the Services. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for all activities that occur under Member's account. Member agrees to immediately notify the Company of any unauthorized use of Member's account, or any other breach of security known to Member.

H) eGifts

You may purchase virtual currency for use solely on the Evinie site ("EGifts"). Purchases or other acquisitions of EGifts provide only a limited, non-transferable, non-sublicensable, fully revocable license to use such EGifts to access Services that we expressly make available for use with such EGifts for your personal non-commercial use. EGifts is redeemable only on the Evinie site for Evinie digital merchandise and content. EGifts does not expire. EGifts is non-refundable. EGifts has no monetary value and does not constitute currency or property of any type. EGifts is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused EGifts and virtual items when an account is closed, whether such closure was voluntary or involuntary.

You may use EGifts to purchase Gifts for other users of our app or other apps which are visible to you. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Evinie platform when, as, and if allowed by Evinie. All sales of Gifts are final and Evinie does not offer refunds for any purchased Gifts. Evinie is not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that Evinie modifies, suspends, or terminates the Gift program, or for loss or damage due to any service error, or any other reason.

Gifts purchased or received by any user do not constitute property and are not transferable.

I) Premium Membership

You may decide to upgrade your membership to Premium status for an additional monthly cost. If you choose to become a Evinie Premium member, your membership will automatically renew monthly. If, at any point, you wish to discontinue your Premium membership, you may do so at your convenience. If your Premium membership account is billed through our website, you must visit http://www.Evinie.com/account_info.html, click the Subscriptions and Payments tab, select 'cancel your subscription' and click 'Cancel Premium' at least three days prior to your next scheduled automatic payment so that we can process your cancellation properly. If your Premium membership account is billed through iTunes, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your Premium membership account is billed through GooglePlay, you must cancel within seven days from the start of your billing cycle, by following the process outlined here.

J) Mobile

The Company may offer Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to the identities of your mobile carrier or your mobile device, or your physical location. Although we provide our Services through the mobile websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

K) Copyrights, Trademarks, Patents, and Intellectual Property Rights

"Content" means all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. Except as set forth in our Privacy Policy, we are not responsible for any Content that you upload or transmit on the Services. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

You hereby grant the Company a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on the Services and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.

This license authorizes the Company to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for the Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to the Company's terms and conditions for such Content use. Such additional uses by the Company, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

The Company may use your feedback, comments and suggestions without any obligation to compensate you for them. The Company may continue to use and make available any and all Content and the Company will continue to have all of these rights even if your account is terminated.

You acknowledge and agree that the Company does not promise to screen Content, but that it has the right to do so. The Company has the right to remove any Content that violates this Agreement or that it finds objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. You may not reproduce, republish, further distribute or publicly exhibit any Content on the Services that is not yours.

The Company respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the website;

3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

The Company's Agent will forward this information to the alleged infringer. It is Company's policy to terminate the accounts of repeat infringers.

L) Disputes

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and the Company agree that, except as otherwise specifically provided in this Agreement, you and the Company shall seek to resolve any and all disputes between the Company and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:

· disputes arising out of and/or otherwise relating to Company's Terms of Service, Content and Conduct Policy, and/or Privacy Policy;

· disputes arising out of and/or otherwise relating to any Services and/or any content on our Services;

· disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Services;

· disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of the Company;

· disputes arising out of and/or otherwise relating to any advertising and/or other communications by the Company in connection with the Services;

· disputes that are the subject of purported class action litigation in which you are not a member of a certified class;

· disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;

· disputes that may arise after you terminate your registration with the Services; and

· disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

Despite the language agreed to above and as an alternative to arbitration, either you and/or the Company may bring an individual action against the other in small claims court. Additionally, you and/or the Company may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against the Company on your behalf, and/or against you on the Company's behalf.

You agree that you and the Company have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.

For you or the Company to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.Evinie.com/disputeresolution_forms.html to download and complete. A Notice being sent to the Company must be addressed to: Dispute Resolution Department, Evinie Essense, Inc., Attention: General Counsel, 100 Union Square Drive, New Hope, PA 18938 ("Company Notice Address"). A Notice being sent to you shall be sent to the e-mail address associated with your Services account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the Company Notice Address including your name, postal address, Member Notice Address and Services User ID number (UID).

After receipt of the Notice you and the Company must attempt in good faith to resolve the dispute set forth in the Notice. If you and the Company are not able to resolve the dispute within 30 days after the Notice is received, then you or the Company may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at Demand for Arbitration ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to the Company must be addressed to the Company Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.

Please note AAA does not provide the Company customer support and is only able to provide information regarding initiating an arbitration proceeding against the Company. All concerns regarding your account should be addressed to the Company by submitting a feedback form. The Company will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page.

Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at AAA Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. If you initiate an arbitration proceeding against the Company and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to the Company at the Company Notice Address. The Company shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against the Company, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to the Company at the Company Notice Address, and the Company shall reimburse you for that actually paid amount.

The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at AAA Consumer Arbitration and Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.Evinie.com/disputeresolution.html. The arbitrator selected to resolve the dispute between you and the Company shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. If the total amount you are seeking is greater than $10,000 then your and the Company's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.

In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, the Company shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against the Company or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse the Company for all monies paid by the Company that are your obligation to pay under the AAA Rules. Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules.

You and the Company agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or the Company is entitled in connection with the dispute being arbitrated, neither you nor the Company shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or the Company previously made to the other in connection with said dispute. In any individual arbitration between you and the Company, if the arbitrator issues you an award that is greater than the value of the Company's last written settlement offer to you then the Company shall:

· pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and

· pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against the Company in the arbitration (collectively, the "Attorney Incentive").

However, if the Company did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against the Company, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or the Company made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If the Company prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, the Company hereby agrees that it shall not seek and shall refuse to receive such an award.

The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and the Company agree that, except as otherwise specifically provided in this Agreement, you and the Company may bring a Claim against the other solely in your or the Company's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

AT ANY TIME AND IN ITS SOLE DISCRETION THE COMPANY MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of Company's last written settlement offer to you then the Company shall:

· pay you the amount of the award or three times the amount of the Company's last written settlement offer to you (the "Member Incentive"), whichever is greater; and

However, if the Company did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against the Company, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or the Company made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If the Company prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, the Company hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.

Notwithstanding any provision in this Agreement to the contrary, you agree that if the Company changes this Disputes provision in the future (other than a change to the Company Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to the Company at the Company Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and the Company solely through arbitration in accordance with this Agreement.

If there is a dispute between participants on the Services, or any third party, the Company is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases the Company and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

N) Termination

Either party may terminate use of the Services with or without cause at any time and effective immediately upon written notice to the other party. The Company may terminate with or without cause at any time and effective immediately, at the Company's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. the Company shall not be liable to Member or any third party for termination of use of the Services or Services. Member's right to use the Services shall cease immediately. Member shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

O) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE COMPANY SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE COMPANY SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SERVICES ACCESSED THROUGH ANY LINKS ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THE COMPANY SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

P) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE COMPANY SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY SERVICES, FROM INABILITY TO USE THE COMPANY SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THE COMPANY SERVICES OR ANY LINKS ON THE COMPANY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THE COMPANY SERVICES OR ANY LINKS ON THE COMPANY SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Q) Indemnification

Member agrees to indemnify and hold the Company, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold the Company harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

R) Governing Law

The Agreement and the relationship between Member and the Company shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should strive to give effect to your and the Company's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Company Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Company makes no representation that any material and/or other content on the Services is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access the Services from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

S) Agreement

The Agreement makes up the entire agreement between Member and the Company and governs your use of the Services, superseding any prior agreements between Member and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Agreement, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.

Updated as of December 8, 2023

The following Terms of Service for users having their residence in the European Economic Area or the United Kingdom ("Terms of Service") set out the contractual relationship between Evinie Essense, Inc., 100 Union Square Drive, New Hope, PA 18938, USA ("TMG", "us", "our", "we") and its customers ("you") when you subscribe to and use the free-of-charge and chargeable services of Evinie and/ (collectively, the "Services"), whether through a mobile device, mobile application (our app) or computer.

Our Content and Conduct Policy forms part of and applies in addition to these Terms of Service.

Please note that other provisions may apply to contracts concluded via third-party providers such as Apple or Google.

If you are under the age of 18, you are not allowed to use the Service.

By registering to or using the Services, you agree to be bound by (i) these Terms of Service; and (ii) the contractual terms which apply if you purchase additional features, products or services offered to you as part of the Service (such as a Premium Membership or Virtual Goods)(collectively, the "Subscription Terms").

You understand that we offer our Services globally and, as such, you understand that the information included in your profile (including your images) will be visible to our members worldwide. Information on how we process your personal information can be found in our Privacy Policy (see Clause 5 below).

If you do not agree to be bound by the Terms of Service, you will not be able to register for, or use, the Services.

IMPORTANT NOTICE REGARDING THE PETS GAME FEATURE: You understand that, if you participate in the Pets Game, as described in Clause 16 below, your profile and images may be accessed by other players, referred to as "pet" and "traded" at a certain Pets Cash "value".

Overview

1. Service Description

2. Access to the Service and Conclusion of your Subscription

3. Free-of-Charge and Chargeable Services and Purchases

4. Use of Data

5. Termination/Extension

6. Functionality,Compatibility, Interoperability, Warranties, and Liability

7. Responsibility and Duties of the Customer

8. Communication

9. Rights of Use and Copyright

10. Governing Law / Extrajudicial Settlement of Disputes in Consumer Matters

11. Cancellation/Withdrawal Policy, Exclusion of the Right to Cancel

12. Your legal rights

13. Miscellaneous

14. Additional Terms which apply if you have downloaded our app from Apple's App Store

15. Additional Terms which apply if you have downloaded our app from GooglePlay

16. Pets Terms of Service

17. Contact Us

Template for the withdrawal form

1. Service Description

1.1. Once you have signed up for an account, we will provide you with access to an online platform over which you will be able to get know other registered customers (also known as members). The Service can only be accessed via mobile apps on iOS and Android devices (although, in the future, other operating systems may be made available), or via our Evinie and/ website (please note that certain features are only available via the mobile app or web); and the Service includes some services that are free and some that are chargeable.

1.2. The Service contains member "profiles", which contain content (also referred to as "data") made available by those members. You can also find more information about the types of personal information that are collected and how this information is made available to other members in our Privacy Policy (see Clause 5 below). We offer our Service globally; and it is possible for our members to search for and contact other members in any of the countries in which we operate.

2. Access to the Service and Conclusion of your Subscription

2.1. To access and use the Service you will need to register. To do this, you will need to choose an available registration option, such as email, SMS, Sign in with Apple, Sign in with Google or Facebook, and provide login credentials, such as email address and a password of your choice. You are responsible for keeping your password and account credentials confidential. Furthermore, you are responsible for any and all culpably caused activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security once you receive knowledge of it.

2.2. Once you have successfully registered, you will be able to access our free-of-charge Service ("Basic Membership").

2.3. We also offer various services or features that are subject to a fee. Before you sign up to purchase such services or features, we will provide you with further information about what you will be purchasing, for example, where applicable: the main characteristics of the services or features, the term of your subscription (including any extension), how to terminate your subscription, the price and any payment conditions and limitations of means of payment. In case you purchase Virtual Goods (see Clause 3.3 below), we will further inform you that these are redeemable only on the Service for digital merchandise and content and that they are not refundable. If you want to upgrade your Basic Membership by choosing a membership that is subject to a fee ("Premium Membership"), or access any other services or features subject to a fee, you acknowledge that by pressing the "Buy now"-button (or comparable button), you will have confirmed that you want to purchase the Premium Membership or other services or features that you have selected. Our contractual relationship for such purchases will be confirmed on the date that you receive a confirmation of your order. Please note, however, that the fulfilment of your payment obligation to us is subject to the respective payment service provider verifying and processing the purchase.

2.4. You can also make purchases via our Apple iOS app or Google Android app. This includes purchasing a Premium Membership or any other services or features subject to a fee. In this case, we remain responsible for the provision of our Service. You will receive an order confirmation regarding your Subscription Terms after any such purchase. However, any purchase and/or subscription is concluded (and must be cancelled or terminated) through Apple / Google only (see Clause 5.3), and is subject to the technical standards and principles established by Apple / Google, over which we have no control. As a rule, a purchase via an app store will take place when you click on "Buy now" (or a comparable button) and, when required, you enter your password or equivalent credentials (e.g., touch ID or face ID) for the app store. Your contractual relationship with Apple / Google will be confirmed on the date that Apple / Google sends you an email confirmation of your order; and Apple / Google will invoice you for any Premium Membership charges through your Apple / Google account. You will also find in the app store all the essential information that you need about your contractual relationship with Apple / Google. If you purchase a Premium Membership via the app store that is subject to automatic extension, the Premium Membership will run for a fixed term, which will automatically extend unless you terminate your subscription with Apple / Google in accordance with Apple's / Google's Terms of Service. Please note that Clauses 5.3 and 12 of these Terms of Service will not apply where you have purchased a Premium Membership via Apple / Google.

2.5. Please also see Clauses 14 and 15 below for those terms that will apply if you have downloaded our app from Apple or Google. Please also note -- if you have downloaded our app from Apple's / Google's app store, Apple's / Google's app store terms of service apply and these will prevail over these Terms of Service if there is any conflict.

3. Free-of-Charge and Chargeable Services and Purchases

3.1. It is free to register for the Service and use our Basic Membership.

3.2. You may decide to upgrade your membership to Premium status ("Premium Membership") for an additional monthly cost. If you choose to purchase a Premium Membership, your membership will automatically renew on a monthly basis.

3.3. You may purchase "Virtual Goods" for use solely on the Service (such as virtual "EGifts"). Purchases or other acquisitions of Virtual Goods provide only a limited, non-transferable, non-sublicensable, fully revocable license to use such Virtual Goods to access services that we expressly make available for use with such Virtual Goods for your personal non-commercial use (such as live animations, so called virtual "Gifts"). Virtual Goods are redeemable only on the Service for digital merchandise and content. Virtual Goods do not expire. Virtual Goods are non-refundable. Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Goods are not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Virtual Goods when an account is closed due to a serious breach by you of these Terms of Service or where you decide to close your account.

3.4. You may use Virtual Goods to purchase Gifts for other users of our app or other apps, which are visible to you. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Service

3.5. We may also offer certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services.

3.6. We may change the Service: (i) to reflect changes in relevant laws and regulatory requirements; or (ii) to implement minor technical adjustments and improvements, for example to address a security threat (however, these changes will not affect your use of the Service). In addition, although we provide a description of our Service on our website, we may change the main characteristics of our Service from time to time without incurring any additional costs for you. However, if we do this, we will notify you on this within a reasonable period prior to such change taking effect and you may then contact us to terminate end your subscription within 30 days of being informed of such change if the change impairs your ability to access the Services or your usability of the Services and if such impartment is not only insignificant before the changes take effect (and, in case you have subscribed to a in relation to a Premium Membership through us, you will receive a refund from us for the part of the service you have paid for but not received because of the earlier termination of your subscription). Any such notification will inform you on the nature and reasons for such change, the time when the change will take effect, and your right to terminate the subscription within 30 days of such notification in accordance with this Clause 3.6.

4. Use of Data

4.1. You can find further information about how we use or otherwise process your personal information and what our obligations are in relation to data protection in our Privacy Policy.

4.2. We constantly strive to protect you from harassment such as hacker attacks, spam or romance scamming. To this end, we have developed numerous technical and organisational standards. It is your responsibility to follow the user guidelines in Clause 8 below. You may be contacted by our "Trust and Safety Team" in the event of anomalies for the purpose of resolving such anomalies. In this case, we will state, in detail, the reasons for contacting you and you are obliged to cooperate with and respond within a reasonable period of such request being made. If we recommend actions, you should seriously consider them. Should you reject a recommended action, you are obligated to inform us within a reasonable period and state the reasons for rejecting our suggested cause of action. You should also report problematic content or behaviour to us through the reporting function.

4.3. We may automatically delete unanswered messages sent by or to profiles that have been identified as spam or romance scamming or have been otherwise deleted.

5. Termination/Extension

Please refer to Section 11 if you would like to cancel your Premium Membership within the 14-day cancellation/ "cooling off" period (your right to cancel).

5.1. You can terminate your Basic Membership at any time with immediate effect in your account settings or by contacting us (support@evinie.com)

5.2. If your Basic Membership has active Virtual Goods you must communicate any termination to us support@evinie.com. Please make sure to provide the email address connected to your account or comparable credentials so to allow us to identify you.

5.3. If, at any point, you wish to discontinue your Premium Membership, you may do so at your convenience. If your Premium Membership account is billed through our website, you must visit http://www.Evinie.com/account_info.html , click the Subscriptions and Payments tab, select 'cancel your subscription' and click 'Cancel Premium' at least three days prior to your next scheduled automatic payment so that we can process your cancellation properly. If you fail to do so, you can still cancel by the end of the respective subscription term, however we may collect the money for the following period which we will then refund to you. Your right to terminate your Premium Membership based on other grounds remains unaffected. In this case, you must state the grounds for extraordinary termination when cancelling your subscription based on this ground. If your Premium Membership account is billed through Apple, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your Premium Membership account is billed through GooglePlay, you must cancel within seven days from the start of your billing cycle, by following the process outlined here. You may also write to us using the contact details provided below in Clause 16. Subject to Clause 5.5 and Clause 11 below, any termination of your subscription will not take effect until the end of the current billing period (and, as such, you will not be entitled to any refund). Thus, to make sure that your Premium Membership does not automatically extend, you must tell us that you want to terminate your subscription before the end of your then-current subscription term.

5.4. If you delete your Basic or Premium Membership, any previously purchased Virtual Goods will also be deleted, and existing payment obligations from purchases of paid-for services or features (like Virtual Goods) will remain in place, subject to applicable cancellation rights (see Clause 12).

5.5. To authenticate your identity and your termination request, you must include the email address connected to your account or other personal details so to allow us to identify you.

5.6. If you choose to purchase a Premium Membership, your membership will automatically renew on a monthly basis, unless you cancel your subscription in accordance with this section.

5.7. If you terminate your Premium Membership, your account will revert to a Basic Membership. If you want to terminate your Basic Membership, please follow the procedure set out in Clause 5.1.

5.8. Subject to Clause 5.4 and in accordance with Clause 3.6, if you want to terminate your Premium Membership because we have told you about an upcoming substantial change to our Service, your subscription will end immediately after we receive your termination notice in text form (for example email or fax) and we will refund you for any portion of the Premium Membership that we have not provided. If you have purchased your Premium Membership through Apple / Google, any cancellation and refund will be made in accordance with Apple's / Google's own terms as further described in Clauses 2.4 and 5.3.

6. Functionality, Compatibility, Interoperability, Warranties, and Liability

6.1. Please be aware that although we use our best efforts , we cannot guarantee that the Service will be available 100% of the time. Our Service availability may be reduced due to maintenance and software updates, as well as any periods during which the Service is unavailable due to technical or other problems that are beyond our control.

6.2. Some functions are only available via the website or app. It is not possible via the mobile app, inter alia, to access or use certain functions, such as Tags, Luv and Web Profile Customization). The Live feature can only be accessed and used through the mobile app.

6.3. Although we provide our Services through the mobile websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

6.4. In order to be able to use the Service fully, you should use up to date (browser) technologies on your mobile device or computer (e.g. enable Java script, cookies, pop-ups). If you use an older operating system or internet service provider, you may have limited use of the Service. When using the app, your mobile device, operating system, or selected settings may restrict some of the app functions (e.g., push messages, distance search).

6.5. If we offer product updates, including updates for our Android and iOS apps, we strongly recommend that you install them as soon as possible. It is your responsibility to install such updates within a reasonable time. If you fail to do so, although we have informed you that an update is available and the consequences of not installing it, we will not be liable for any product defects resulting from your failure to install the update; this shall not apply if the fact that you have not installed the update or have installed it incorrectly is not due to inadequate installation instructions provided by us to you.

6.6. You are responsible for the accuracy of the information provided during your registration. If you need to update your profile or registration information, you can generally do this at any time through your profile. However, there is some information that can only be updated by contacting us using the details in Clause 16. It will also be made clear to you if you need to contact us to update specific information.

6.7. We are only responsible for the technical provision of the Service (as further described in Clause 3). We will generally enable you to make contacts with other members. We cannot, however, guarantee that you will find a partner as a result of using the Service.

6.8. While we expect our members to use the Service in a kind and respectful way (and in accordance with these Terms of Service), we are not responsible for any misuse of personal information made available through the Service; any other use of the Service by its members which is contrary to these Terms of Service; or any use that is otherwise unauthorised or unlawful. We are also not responsible for any misuse of data or information by members, non-members, or any third parties where you have provided the third party with such information. However, once we receive knowledge of any such misuse or illegality of Content (as defined in Clause 9.2) via our Services, we will take the necessary precautionary measures to prevent any future misuse and other violations of these Terms of Service and the applicable laws.

6.9. While we work hard to provide a high-quality service, we do not guarantee that the Service will perform perfectly at all times and cannot ensure that the Service will always be uninterrupted, secure or error-free. In particular, we are not liable for disruptions that affect the accessibility of the Service where such disruptions are caused by actions or events that are outside our control. Furthermore, although we will put appropriate technical and organisational security measures in place to protect your personal information, to the fullest extent permitted by law, we will not be liable for any unauthorized access by third parties to your personal data (e.g. due to hackers gaining unauthorised access to our database), if this is not due to a culpable action or omission on our part, in particular, a failure to take all necessary precautionary measures to prevent any violations of applicable laws.

6.10. We shall be liable for damages arising out of the use of the Services within the scope of statutory provisions, irrespective of the legal grounds, only in accordance with the following provisions:

a) We shall be liable without limitation for damages resulting from death or personal injury, as well as for damages caused by our wilful intent or gross negligence, our legal representatives or vicarious agents, as well as for damages caused by non-compliance with a guarantee given by us or by fraudulently concealed defects.

b) For all other damages due to a breach of essential contractual obligations resulting from simple negligence by us, our legal representatives or vicarious agents, our liability shall be based on the merits of the case. Essential contractual obligations (cardinal obligations) are those whose fulfilment enables the proper implementation of the contract in the first place and on whose fulfilment the contractual partner may ordinarily rely. In such cases, we shall be liable for an amount of compensation as would be typical for foreseeable damages in such a contract. Liability is otherwise excluded.

c) Liability under the German Product Liability Act remains unaffected by the above provisions.

6.11. You are required to take appropriate measures to prevent and mitigate damage, to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.

7. Responsibility and Duties of the Customer

7.1. If you purchase a Premium Membership and/or other paid-for services or features, you agree to pay all charges as set out in the Subscription Terms (and, if applicable, any additional terms, e.g. Apple's / Google's app store terms of service). Additionally, we may not provide you with the Service until such payment is provided, and we may take steps to recover your outstanding fees as permitted by law. You will also be responsible for (and we will charge you for) any chargeback fees (for example, from our payment service providers) or any other reasonable fees that are imposed on us as a result of your non-payment of the agreed fees.

7.2. As mentioned above, you are responsible for the accuracy of the content that you provide at registration and for all the information you provide about yourself in your profile. By providing us with this information, you agree and confirm that it is truthful and accurate. We will also take steps to ensure that your data is kept accurate and up to date. Intentional and / or fraudulent misrepresentation of your identity, including use of another or fictitious identity, can also subject you to potential legal liability.

7.3. You agree that you will not use any content provided to you by us and/or through the use of our Services, including information on third parties (including other members), for commercial or advertising purposes. You are in particular not allowed to use technological methods or processes to automatically download or otherwise access information about other members in order to use this information outside of the Service (e.g. by a computer program or by copying and pasting the content). You also agree that the use of computer programs for the purpose of automatically reading files of member data (such as crawlers), is prohibited.

7.4. If you materially breach these Terms of Service, or otherwise breach the law in relation to your use of our Service, we may be entitled to claim damages in accordance with applicable law.

7.5. You will treat emails and other messages received via or in relation to the Service confidentially and you will not disclose these messages to third parties without the consent of the sender or serious cause. The same rules also apply to any names, phone and fax numbers, home addresses, email addresses and/or URLs, or other personal information of other members.

7.6. You agree that you will retrieve any messages you receive (as well as any information contained in your profile that you would like to keep) at regular and appropriate intervals and, if required, that you will archive this information on your own computer or other data storage system. You understand that we may delete any messages stored in your account after a period of twelve months following the date the message was received, without further notice to you. If you are a Basic member, you understand that all your data relating to your current Basic Membership will be automatically deleted if your profile is inactive for twenty-four months.

7.7. Every user is obligated to observe the Content and Conduct Policy In addition, you are not permitted:

· to attempt to gain unauthorized access to our database or other computer systems;

· to attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Service;

· to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

· to use the account, username, or password of another member at any time or disclose their password to any third party or permit any third party to access their account.

· to attempt to buy Virtual Goods outside of the Service.

· to attempt to sell Virtual Goods; and/or

7.8. to attempt to sell a user account associated with one of the Service. If you do not comply with the conduct requirements explained in this Clause 7, or if you fail to comply with a material obligation of the Subscription Terms, we may, if reasonable under the circumstances of the particular case, take either or all the following actions: we may ask you to stop your non-compliant activities (or otherwise send you a warning that your activities do not comply with our conduct requirements); we may delete any content which you have submitted via the Service in breach of any of our conduct requirements; we may suspend the provision of the Service to you (in whole or in part) until the issue is resolved (for example, while we investigate your activities); or (if it is clear to us that you are seriously misusing the Service) we may terminate the provision of the Service to you. If you have purchased your Premium Membership through Apple / Google, any refund will be made in accordance with Apple's / Google's own terms as further described in Clause 2.4.

8. Communication

8.1. Communication on the platform must always take place in accordance with these Terms of Service, in particular those relating to security when using the Service (see Clause 4) and the Content and Conduct Policy.

8.2. The Services are online services. As such, we will generally communicate with you using online methods, such as email, or via information screens on our mobile apps and website. As a digital service, our Service is only provided online. Therefore, you can only sign up to, use and subscribe to our Service online.

8.3. To make sure that we do not receive unauthorised requests (and to protect your account from abuse), please make sure to provide the email address connected to your account or comparable credentials so to allow us to identify you.

9. Rights of Use and Copyright

9.1. By using our Service, you understand and agree that we are the sole owner of all the rights in and related to the Service, including any rights of reproduction, distribution and processing, all copyrights, as well as the right of the intangible transmission and reproduction of the Evinie and/ website and of the content included within it. The use of any program, content, materials, trademarks as well as commercial names contained within the Service is only permitted for the purposes set out in these Terms of Service.

9.2. By using our Service, you understand and agree that Content (defined as all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted) published by you is your sole responsibility. You are aware that, by making Content publicly available, this may be seen by other users, and that there is potential for misuse by other members, i.e. use of your Content for purposes other than it has been made available for by you. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. We have the mechanisms in place to regularly monitor as to its compliance with these Terms of Service and the applicable laws, in particular, to prevent misuse of your data, however can and do not fully control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

9.3. You hereby grant the Company the right to use distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on the Services only to provide our Services to you in compliance with these Terms and Conditions.

9.4. This license authorizes the Company to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for the Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to the Company's Terms of Service for such Content use. Such additional uses by the Company, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

9.5. The Company may use your feedback, comments and suggestions without any obligation to compensate you for them. The Company may continue to use and make available any and all Content and the Company will continue to have all of these rights even if your account is terminated.

9.6. You acknowledge and agree that the Company does not promise to screen the Content made available on the Service on a regular basis. You understand that we may refuse to post, or to remove, any information or Content that you make available on the Service if the Content violates these Terms of Service or any other applicable law. For example, we may remove any Content that violates these Terms of Service or is otherwise objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. You may not reproduce, republish, further distribute or publicly exhibit any Content on the Services that is not yours.

10. Governing Law / Extrajudicial Settlement of Disputes in Consumer Matters

10.1. These Terms of Service shall be governed by, and construed in accordance with interpreted in accordance with the laws of the State of California, USA, without regard to any conflict of law principles to the contrary. This choice of law shall not apply, however, if it has the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of statutory provisions.

10.2. Under current law, we are obligated to inform consumers about the existence of the European Online Dispute Resolution Platform, which was set up by the European Commission for dispute resolution. The European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/consumers/odr/. Contact details of the official dispute resolution bodies can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm. In the absence of a legal obligation to participate in dispute settlement proceedings before a consumer dispute resolution body, we are not obligated and not willing to participate in such dispute resolution proceedings. Our email address can be found in Clause 16.

10.3. Should any provision of these Terms of Service be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Service.

11. Cancellation/Withdrawal Policy, Exclusion of the Right to Cancel

11.1. Right to Cancel / Withdrawal

You have the right to cancel your contract, without reason, within 14 days from the date on which we sent you an email confirmation of your purchase.

To exercise your right to cancel, you must notify us using any of the contact methods detailed below:

by email: support@evinie.com

You must also provide us with a clear written statement of your decision to cancel your purchase. You may use the model cancellation form available below, however, this is not mandatory. If you prefer not to use this form, please make sure that you provide us with the information listed below under Clause 11.3.

11.2. Effects of cancellation

If you cancel your contract within the 14-day cancellation period, we will refund to you all payments that we have received from you without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to cancel. We will provide this refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; and you will not be charged for this refund.

However, please note that if you have started to use the purchased goods or services within the 14-day cancellation period, we will be entitled to retain from the refunded payment a reasonable amount (value compensation) to account for that portion of the goods or services that you have already received.

11.3. Please make sure to provide the email address connected to your account or comparable credentials.

11.4. Clauses 11.1 to 11.3 do not apply to cancellation of Premium Membership purchased from Apple via the iOS app or Google via the Android app. Please see Clause 2.4 for further information. Apple / Google may also provide additional mechanisms for you to cancel your subscription. To cancel your Premium Membership purchased from Apple via the iOS app or Google via the Android app, please see their instructions for cancelling available for Apple here and for Google here.

12. Your legal rights

You are entitled for the Service to be as described, fit for purpose and of satisfactory quality. If you purchase a Premium Membership and the content that we provide to you is faulty, you are entitled to a repair or replacement; or, if the fault cannot be fixed, or if it cannot be fixed in a reasonable time and without significant inconvenience, you may be entitled to a full or partial refund. If you can show that the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

13. Miscellaneous

13.1. We may use third-party service providers and agents, including entities belonging to our group, to help us provide the Service to you.

13.2. Should any provision of the Subscription Terms be or become invalid, or should they be incomplete, it shall not affect the validity of the remaining content of the Subscription Terms.

13.3. The contractual language and the language of the Subscription Terms is English.

13.4. We will not automatically store a copy of your Subscription Terms. As such, you should save a copy on your computer, or otherwise store a copy of your Subscription Terms at the time your contract is concluded.

13.5. You may not assign or sub-contract any of your rights or obligations under the Subscription Terms to any third party unless we agree in writing.

13.6. We may assign, transfer or sub-contract any of our rights or obligations under the Subscription Terms to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.

13.7. Our subsidiaries and group companies are third party beneficiaries of these Terms of Service. You, TMG and our subsidiaries and group companies may enforce the Subscription Terms in accordance with the Contracts (Rights of Third Parties) Act 1999. Apart from this (but subject to Clauses 14 and 15 below), no other person has rights under the Contract (Rights of Third Parties) Act 1999 to enforce the Subscription Terms.

14. Additional Terms which apply if you have downloaded our app from Apple's App Store

14.1. This section contains additional terms that apply to you if you have downloaded our app from Apple's App Store.

14.2. With respect to the relationship between us and Apple, the responsibility for our app is allocated as follows:

· These Terms of Service are between you and us. These Terms of Service are not between you and Apple.

· We, not Apple, are solely responsible for our app and its content. Our responsibilities and liabilities to you are explained in the other sections of these Terms of Service.

· Apple has no obligation to provide any maintenance or support services for our app.

· We, not Apple, are responsible for any product warranties in relation to our app.

· If our app does not conform to any applicable warranty, you may notify Apple, and - if you have made a purchase - Apple will refund you that purchase price. Apple has no other warranty obligation in respect of our app. Any other claim that you might have in relation to our app is our sole responsibility (and not Apple's) and will be determined in accordance with applicable law and these Terms of Service.

· We, not Apple, are responsible for addressing any claim by you or a third party relating to our app, or your use or possession of our app. This includes: (i) product liability claims; (ii) any claim that our app does not comply with any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy or similar laws.

· If a third party claims that our app, or your use or possession of our app, infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and/or discharge of any such claim.

14.3. If you downloaded our app from Apple's App Store, you also confirm that:

· you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

· you are not listed on any U.S. Government list of prohibited or restricted parties.

14.4. You must comply with any applicable third party terms when using our app (for example, you must not be in violation of your wireless data service terms when using our app).

14.5. You must use our app in accordance with the Usage Rules in the current Apple's App Store Terms of Service available here.

14.6. You will only use our app on an Apple-branded device.

14.7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Service. Apple and its subsidiaries may enforce these Terms of Service in accordance with the Contracts (Rights of Third Parties) Act 1999. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms of Service in order to rescind, vary, suspend, enforce or terminate these Terms of Service, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms of Service.

15. Additional Terms which apply if you have downloaded our app from GooglePlay

15.1. This section contains additional terms that apply to you if you have downloaded our app from GooglePlay.

15.2. With respect to the relationship between us and Google, the responsibility for our app is allocated as follows:

· These Terms of Service are between you and us. These Terms of Service are not between you and Google.

· We, not Google, are solely responsible for our app, its content and our Service. Our responsibilities and liabilities to you are explained in the other sections of these Terms of Service. Google has no obligation or liability to you with respect to our app or these Terms of Service.

· You should contact us, not Google, if you have any problems when using our app, or if you want to let us know about any errors or performance issues with our app.

15.3. If you have downloaded our app from GooglePlay, you must also use our app in accordance with the current Android Market Terms of Service available here.

15.4. Google is a third-party beneficiary of these Terms. Google may enforce these Terms of Service in accordance with the Contracts (Rights of Third Parties) Act 1999.

16. Pets Terms of Service

16.1. As a member you have the option to participate in the Pets game, a feature on our Services that allows you to "buy", "sell", and "trade" virtual "Pets" and meet new people while doing it. You can compete with other members to see who can collect the most Pets and whose profile is the most "valuable".

16.2. By accessing the Pets feature and accepting these terms, you understand and agree to participation in the Pets Game included with the Service. You understand and agree that the Pets Game enables other members to have access to your profile descriptions and likenesses, and those members may utilize those description and likenesses in various ways. This use may include designating you and other members as "pets" which members may "own," and "selling" (for Virtual Goods) such "pets" to other members. We may indicate a "value" associated with each pet, based on criteria established by us, which may include the number and frequency of "sales" involving that pet. The value assigned to each pet may fluctuate over time. The company may publish rankings and other data that include references to or calculations of the value of the pets owned by members. By becoming a member, you irrevocably permit, authorize, grant, and license us and our affiliates, successors, and assigns, to use, and to permit others, including other members, to use, your image, likeness, appearance, profile information, or other personal characteristics in connection with the operation of the Pets Game or other operations of the Service, in perpetuity, without further consent from you, and without royalty, payment, or other compensation.

INFORMATION ABOUT THE RIGHT TO WITHDRAW

RIGHT TO WITHDRAW

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal you must inform us support@evinie.com in a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached withdrawal form template, but this is not required.

To comply with the withdrawal period, it is sufficient that you send the notice that you are exercising your right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF WITHDRAWAL

If you withdraw from this contract, we will have to refund to you all payments we have received from you, including delivery costs(except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we received the notification of your withdrawal from this contract. We will use the same means of payment for this repayment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.