DejaVoo Terms of Use

Welcome to the Terms and Conditions ('terms and conditions,' 'terms of use,' or 'terms of service') of Use for Dejavoo. This agreement, between you and App Brewery Private Limited and its affiliates (collectively referred to as 'us,' 'we,' or 'Dejavoo'), is legally binding and governs your use of the Dejavoo website or application ('App' or 'Site'). By using the Services, you agree to be bound by the terms of this Agreement, including our Privacy Policy, Cookie Policy, DejaVooer Guidelines, Safe Dating Practices, and any future policies. It is important that you read this agreement, which applies to all individuals who access or utilize our Services, irrespective of their registration or subscription status, carefully before creating an account.

Please thoroughly review the dispute resolution provisions outlined below. They dictate the procedures for addressing disputes between you and us. These provisions encompass a mandatory pre-arbitration informal dispute resolution process, a class-action waiver, an arbitration agreement, a jury trial waiver, and additional procedures for mass arbitration filings.

'Syncs' refer to mutual connections between users who express interest in each other. The 'Syncer' is the app section that allows Dejavooers, individuals with an account on Dejavoo, to view photos of other users. Within the Syncer feature, users can browse through profiles and, upon finding someone of interest, express their interest by sliding right. If the interest is mutual, a sync is established.

We reserve the right to modify these Terms, and any changes will be posted on this page with the Effective Date indicated. Your continued use after such changes constitutes acceptance. If you do not agree, please discontinue using Dejavoo. Additionally, we may alter or cease any aspect of the services at our sole discretion without prior notice and without incurring any liability to you. Furthermore, the availability of features in our subscription plans or pricing adjustments for our services (or any portions thereof) may be changed at any time and in any manner, as determined in our sole and absolute discretion. Any alterations to prices will take effect following notice to you, unless otherwise expressly provided for in these Terms of Service.

Your Responsibilities

You may only create an account or use the Services if all the following conditions are met. By utilizing our Services, you confirm and acknowledge that:

You are at least 18 years old or the age of majority in your home country and are legally permitted to use the App. Accounts for individuals below 18 will be deactivated. Account creation can occur through manual registration or by using Facebook login details. If Facebook login details are utilized, you grant us permission to access, display, and use specific information from your Facebook account (e.g., profile pictures, relationship status, location, and details about Facebook friends).
You will not use or share another person's account without our written permission.
You will ensure the accuracy and currency of your account information by verifying it regularly.
You will promptly notify us of any unauthorized use of your Account, User ID, and/or password.
You will ensure that you log out from your account at the conclusion of each session on the Site.
You will maintain the confidentiality of your password and use your User ID and password solely for logging in.
You are entirely responsible for all activities conducted under your User ID and Account, even if such activities were not carried out by you. Please be aware that we will not be held liable for any loss or damage resulting from unauthorized use of your password or your failure to adhere to these Terms. You agree to immediately notify us of any disclosure or unauthorized use of your login credentials at [email protected].
If you subscribe to services for an initial term (the "Initial Term"), your subscription terms will automatically renew for additional periods of the same duration as the Initial Term at Dejavoo's prevailing fee for such services unless you cancel your subscription following the guidelines in Section "Cancellation of Subscriptions" below.
You acknowledge your understanding and acceptance of Section "Dispute Resolution" of these Terms, which outlines the procedures for resolving claims between you and us and includes an arbitration agreement that, with limited exceptions, mandates disputes to be submitted to binding and final arbitration. You will only be allowed to pursue claims and seek relief against us on an individual basis, and you are relinquishing your right to seek relief in a court of law and to have a jury trial on your claims.
We do not guarantee syncs, the frequency of your syncs, compatibility with other users, or the accuracy, availability, or other attributes of any User, including the safety of individuals you sync with. It is imperative that you exercise your own diligence and caution.
You may not have a criminal record. In the event that any legal restrictions or criminal charges become applicable to you after the creation of your Account, you are obligated to promptly delete your Account, and your use of the Services will be discontinued. While we currently do not and are not obligated to perform criminal background checks or investigate user backgrounds to verify their statements, and make no representations or warranties regarding user conduct or compatibility, we retain the right to conduct criminal background checks or other screenings at any time.
We reserve the right to remove improper, infringing, or unauthorized Member Content.
You release us and our successors from any claims, demands, losses, damages, rights, and actions arising from your interactions with other App users.
You will not develop, support, or use software, devices, scripts, robots, or any means to scrape or extract data from our services and any part of the App without our prior consent unless explicitly allowed in a separate agreement.
Using the Service may be prohibited or restricted in certain countries. You are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
You will not post any personal contact or banking information such as your names, addresses, phone numbers, email addresses, URLs, credit/debit card details, or other banking details, on your individual profile page, whether related to you or others. Any sharing of personal information with other users, whether through email or other channels, is done at your own risk.
You will assume all risks associated with using the Services, encompassing but not limited to those linked to any online or offline interactions, including dating. We disclaim responsibility for the conduct of our Users or their compatibility with you or other Users.
You will exercise all necessary and appropriate precautions when sharing your personal information, engaging in communication with other Users, and meeting them in person.
You are under no obligation to utilize the Services, maintain communication with any User, or engage in syncing or meetings with anyone from the Services.
We refrain from delving into the backgrounds of our users or making efforts to validate the information furnished during account creation, such as the accuracy of reported birthdates for age verification.
We do not undertake verification of user-provided information concerning identity, health, physical condition, or any other aspects.
We bear no responsibility for the activities or legal ramifications arising from your utilization of the application in areas that may seek to criminalize or restrict your personal interactions.
Individuals who misuse the app and alter their location while you remain stationary could leverage distance information to pinpoint your precise location and potentially discern your identity.
Our Services are specifically designed for individual, location-based use and should not be treated as an emergency locator system, utilized while driving or operating vehicles, or engaged in any application requiring fail-safe performance in hazardous environments. We are not intended for family locating purposes, fleet tracking, or any form of business or enterprise application.
You will refrain from disrupting anyone's capacity to utilize or derive enjoyment from the Service, and you will neither assist nor promote any activities prohibited by this Agreement.
You recognize that we may periodically release upgraded versions of the Service, and it may automatically upgrade the version you are using on your mobile device or otherwise. You consent to this automatic upgrading on your mobile device and affirm that the terms and conditions of this Agreement will be applicable to all such upgrades. You acknowledge that we will bear no liability to you for any such upgrades.
You are looking for a meaningful connection.
Your residence is not within a nation currently under a U.S. Government embargo or identified as a "terrorist supporting" country.
You are not included in any roster of individuals barred from engaging in transactions with the United States.
You possess only one account on our Services.
Unless granted explicit written permission, you have not been previously expelled from our Services or those of our affiliates.
You will adhere to these Terms diligently and periodically review this page for updates to stay informed of any modifications.
You will abide by all applicable laws, encompassing privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
You will ensure you use the most recent version of the Website and/or App.
You will interact with other users in a polite and considerate manner, both within and outside our Services, following DejaVooer guidelines.
You will demonstrate respect when communicating with our customer care representatives or other staff.
You will familiarize yourself with the Safe Dating Practices.
You will maintain a robust password and employ reasonable measures to safeguard the security of your login information.
You will portray yourself in a respectful and authentic manner by including at least one photo showcasing your face.
You will avoid misrepresenting your identity, age, current or previous positions, qualifications, or affiliations with any person or entity.
You will refrain from using the Services in a manner that causes damage or prevents their use by other users.
You will avoid using our Services in a way that interferes with, disrupts, or negatively affects the platform, the servers, or our Services’ networks.
You will not utilize our Services for any harmful, illegal, or nefarious purpose.
You will avoid engaging in harassment, bullying, stalking, intimidation, assault, defamation, harm, or mistreatment of any person.
You will refrain from posting or sharing Prohibited Content (refer to guidelines below).
You will not solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
You will solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
You will not use another user’s account.
You will steer clear of using our Services in relation to fraud, a pyramid scheme, or any other similar practice.
You will not violate the terms of the license granted to you by Us.
You will refrain from disclosing private or proprietary information that you do not have the right to disclose.
You will not copy, modify, transmit, distribute, or create any derivative works from any Member Content or Our Content without our prior written consent.
You will avoid expressing or implying that any statements you make are endorsed by us
You will not use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device to access, retrieve, index, “data mine,” or reproduce the navigational structure or presentation of our Services or its contents.
You will avoid uploading viruses or other malicious code or otherwise compromising the security of our Services.
You will not forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services.
You will obtain our prior written authorization before “framing” or “mirroring” any part of our Services.
You will not use meta tags or code containing any reference to us or the platform to direct any person to any other website for any purpose.
You will refrain from modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of our Services without permission.
You will not use or develop any third-party applications that interact with our Services or Member Content without our written consent.
You will obtain written consent before using, accessing, or publishing our application programming interface.
You will refrain from probing, scanning, or testing the vulnerability of our Services or any system or network.
You will not encourage, promote, or agree to engage in any activity that violates these Terms.
Nothing in this Agreement, along with all referenced policies and procedures, operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would:

(A) Contravene that law; or

(B) Cause any term of this Agreement to be void.
You're creating a digital signature, signifying your agreement to our terms, intended to have the same force and effect as if you had manually signed your name every time you access our site. You also waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
You will not create a new account after we suspend or terminate your account unless you receive our express permission.
You will not falsify your identity, age, positions, qualifications, or affiliations.
You will not disclose information without the requisite consent.
You will not establish or operate pyramid schemes, engage in fraudulent activities, or similar practices.
You will not post, upload, or transmit any User Content that falsifies your identity, age, positions, qualifications, or affiliations.
You will not post, upload, or transmit any User Content that discloses information without the requisite consent.
You will not post, upload, or transmit any User Content that establishes or operates pyramid schemes, engages in fraudulent activities, or similar practices.
You will not post, upload, or transmit any User Content that is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of offensively suggestive, inappropriate, or explicit language or confidential, non-public information about any third party.
You will not post, upload, or transmit any User Content that is vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains nudity or graphic or gratuitous violence.
You will not post, upload, or transmit any User Content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
You will not post, upload, or transmit any User Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
You will not post, upload, or transmit any User Content that infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights, or other proprietary rights, or rights of publicity or privacy.
You will not post, upload, or transmit any User Content that contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing).
You will not post, upload, or transmit any User Content that impersonates any person or entity, including any Dejavoo employees or representatives.
You will not post, upload, or transmit any User Content that promotes illegal or harmful activities or substances.
You will not collect User Content, personally-identifiable information, or any other data using automated means (such as harvesting bots, robots, spiders, scrapers, or similar methods).
You will not advertise any product or service, including participating in multi-level marketing on the Services.
You will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, but not limited to, sending viruses, overloading, flooding, spamming, or mail-bombing the Services.
You will not use any meta tags, hidden text, or metadata that incorporates our trademarks, logos, URLs, or product names without our express written consent.
You will not utilize the Services, or any part thereof, for commercial purposes or for the benefit of any third party, or in any manner not permitted by this Agreement.
You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or use the Services to send altered, deceptive, or false source-identifying information.
You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
You will not attempt in any way to obtain the login information of or otherwise access an account belonging to someone else.
You will not use, display, mirror, or frame the Services or any individual element within the Services, our name, any Dejavoo trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
You will not impersonate or misrepresent your affiliation with any person or entity.
You will not engage in any activity or use any program that could disable, overburden, or impair the proper functioning or appearance of the Services, such as a denial-of-service attack, interference with page rendering, or using a program that interferes with other Services' functionality.
You will not distribute, transfer, sublicense, lease, lend, or rent the App to any third party.
You will not make the App's functionality available to multiple users through any means.
You will not engage in reverse engineering, decompiling, or disassembling the App.
You will not copy, modify, or create derivative works based on the App.
You will report any abuse or content concerns via email or the support form. We reserve the right to investigate and terminate App privileges.
You will not encourage or enable any other individual to engage in any of the aforementioned actions.
The responsibility to investigate breaches of this Agreement or any behavior impacting the Services falls under our jurisdiction. Furthermore, we may cooperate with law enforcement and other authorities, sharing User Content as required by law enforcement or as deemed necessary, at our sole discretion, to ensure the safety and well-being of our Users or any other individual.
We expressly reserve the right to terminate or suspend your Account, limit your App access, or employ any available operational, technological, legal, or other means to enforce the Terms, including blocking specific IP addresses, at our sole discretion, without notice and without incurring liability.

Content

Your Content

You acknowledge that Your Content must comply with the terms outlined here and in our DejaVooer Guidelines, accessible at https://dejavoo.date/guidelines, which may be updated periodically. By posting Your Content, you accept responsibility and liability, agreeing to indemnify, defend, release, and hold us harmless from any claims arising in connection with Your Content.

Upon uploading Your Content, you confirm that you possess all necessary rights and licenses, granting us a non-exclusive, royalty-free, perpetual, worldwide license to utilize Your Content in various ways. This includes editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, distributing, and making it available to the public, either in whole or in part, through any format or medium known or developed in the future. We reserve the right to assign and/or sublicense the above license to our affiliates and successors without further approval from you. Our license shall be exclusive with respect to derivative works created through use of our Services

You further assure and guarantee that your User Content, as well as your utilization and contribution of said content accessible through the Services, and any utilization of your User Content by us on or through the Services, will not infringe upon, misappropriate, or violate the intellectual property rights, rights of publicity or privacy of any third party, and no license or royalties are required from any third party. Moreover, it will not lead to the violation of any applicable law or regulation.

To prevent unauthorized use of Your Content by other members or third parties outside of Dejavoo, you authorize us to act on your behalf regarding such infringements and/or unauthorized uses. This includes the authority, though not the obligation, for us to issue takedown notices (e.g., pursuant to 17 U.S.C. § 512(c)(3), i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of Dejavoo.

You have the option to delete your User Content using the Services' functionality. However, be aware that removed User Content may persist in backup copies for a reasonable period, though it won't be accessible to others.

You acknowledge that the Services are protected by copyright, trademark, and other laws in Singapore and foreign countries. It is agreed that you won't remove, modify, or conceal any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the Services.

You acknowledge our ability to monitor or assess Your Content, granting us the authority to remove, delete, edit, limit, or block access to any of Your Content at our sole discretion.

In addition, you recognize and agree that we are not obligated to display or review Your Content.

Other DejaVooers' Content

You do not have rights regarding this. The use of personal information from other Dejavoo users is restricted to facilitating connections on the platform. Any commercial use, spamming, harassment, stalking, or making unlawful threats with other users' information is strictly prohibited.

Our Content

All text, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property on Dejavoo, including the software and database(s), are either owned, controlled, or licensed by us, or, in relevant cases, by third-party owners identified on the Site. These components are protected by copyright, trademark (which remain the property of their respective owners), data, database rights, and/or other intellectual property laws. Full right, title, and interest in Our Content are consistently retained by us.

Content Scrutiny

We do not assume pre-screening obligations for Your Content or Member Content. However, we reserve the right to scrutinize, pre-screen, reject, and/or remove any Member Content and Your Content, including content exchanged in direct messages.

License for Your Usage:

In accordance with your adherence to this Agreement, we provide you with a limited, non-exclusive, non-transferable, and revocable license to download, view, and display our content accessible on the Services. This license is solely for your personal and non-commercial purposes, without the right to sublicense, and is subject to the following conditions:

In accordance with your adherence to this Agreement, we provide you with a limited, non-exclusive, non-transferable, and revocable license to download, view, and display our content accessible on the Services. This license is solely for your personal and non-commercial purposes, without the right to sublicense, and is subject to the following conditions:
Prohibited activities encompass any use of Our Content beyond the designated functionality of the App, including but not limited to selling, modifying, copying, or distributing it.
Avoid the incorporation of our name into metatags, keywords, and/or hidden text.
Strictly refrain from creating derivative works, engaging in scraping, disabling, decompiling, analysis, or any form of commercial exploitation.
Ensure that the utilization of Our Content aligns with lawful purposes exclusively. All other rights are explicitly reserved by us.

Privacy

By using Dejavoo, you acknowledge that we may use such data in accordance with our Privacy Policy, which provides information on how we collect, use, and share your personal data.

We retain the authority to showcase advertisements and supplementary information alongside your content and that of others. You will not be entitled to compensation for these advertisements. The format, method, and extent of such advertising may undergo alterations without prior notice, and we are not obligated to offer any compensation.

We do not endorse or assume responsibility for products/services offered by third-party websites/resources. If you engage with these third parties through our services, their terms govern your relationship, and we are not liable for their terms or actions.

Contact and Notification Preferences

We may communicate with you via emails, text messages, push notifications, and alerts regarding the App and Dejavoo services. If you choose to accept push notifications, they will be sent automatically; declining them means you won't receive any. You have the option to opt-out at any time by adjusting your device settings. Access to location-specific content is contingent upon enabling GPS, Bluetooth, and allowing location access in the App.

By disabling location-based features and push notifications, you agree to indemnify and release us from any liabilities and consequences that may arise due to your incomplete use of the app.

Payment

In-App Purchases and Payment Methods

When making In-App Purchases, you agree that additional terms disclosed during the purchase may apply. You may be required to provide Payment Information, including credit card details, and confirm your identity. In-App Purchases can be made through Third-Party Stores or by using credit cards, debit cards, or Stripe. By completing a purchase, you authorize us to charge your selected Payment Method, including taxes

Due to global operations, pricing may vary based on different factors, including but not limited to region and duration.

Charges for purchases on the web and app may vary and we reserve the right to revise fees, limit or discontinue products, services, or offerings immediately and without notice.

Subscription Renewal

Cash and credits subscriptions may automatically renew. To avoid charges, cancel before the current period ends. Deleting your account or uninstalling the app won't cancel the subscription. You'll be notified of pricing changes, and if payment deduction at the then-current pricing is unsuccessful, credits will be deducted at the then-current credits subscription pricing for the next period. If you don't cancel, you agree to be charged at the then-current payment and then-current credits subscription pricing. Accepting the Agreement means acknowledging recurring payments until canceled by you or Dejavoo, with cancellation effective at the end of the current subscription period.

Cancellation of Subscriptions

Purchases are non-refundable. You can cancel your subscription at any time, but the cancellation takes effect at the end of the ongoing subscription period. No refunds are issued for the current period upon cancellation.

For purchases obtained via the web, email [email protected] to cancel or alter your Payment Method. If obtained through a Third-Party Store, follow their instructions.

Upon cancellation, access to subscription features persists until the end of the current period. After deleting your account, your subscription will persist until the conclusion of the subscription period for which relevant fees have been remitted. In both cases, no prorated refund is applicable, and you lose access to Premium Services or In-App Purchases.

Cancellation alone doesn't remove your profile — follow the instructions below for termination.

Expiry of Credits and Subscriptions

If you purchase a subscription, for the app or its features, products, services, or events, you must use them within the specified time or within three (3) months if no timeframe is given at the time of purchase or subscription. Failing that, they will expire.

Any unused credits will expire after 24 months from the last purchase. Refunds or extensions are not allowed for expired credits.

Free Trials

Enrolling in a free trial may convert to a paid subscription, with automatic renewal. Cancel before the trial ends to avoid charges. Deleting your account or uninstalling the app doesn't cancel the trial. Previous free trial users are automatically enrolled in a subscription.

Taxes

Payment obligations may exclude Sales Tax. If Sales Tax applies and isn't remitted, you're responsible for settling it with penalties or interest. "Sales Tax" refers to any tax equivalent to a sales tax where not imposed by default.

Virtual Items

At times, you may acquire a limited, non-transferable license for "Virtual Items" from Dejavoo or its partners. Your ownership is restricted, and no title is transferred. The displayed balance isn't a real-world value, unless otherwise stated, only indicating your access license. No fees accrue for non-use. Your license ends with service discontinuation or account closure. Dejavoo may offer Virtual Items as subscription bonuses, but access may end with subscription cancellation. Dejavoo can impose fees, manage, or eliminate Virtual Items, with no liability. Selling or transferring Virtual Items is prohibited. Purchases and redemptions are non-refundable. Dejavoo is not obligated to refund for unused Virtual Items upon account closure.

For virtual items with real-world value, the real-world value expires after the specified time and no refunds/extensions is allowed.

Account Deactivation/Termination

You can deactivate your Account at any time by visiting the 'Settings' page when logged in and selecting the 'Deactivate account' or ‘Deactivate’ link in the app or site, respectively. Account deactivation is immediate, but it may take some time for Your Content to be entirely removed from the App. Your profile information will be handled in accordance with our Privacy Policy. Attempting to create a new account with the same credentials during this period will result in the reactivation of your Account.

Deleting your account also requires the cancellation/management of any recurring subscriptions procured via a Third Party Store (e.g., iTunes, Google Play) to prevent additional billing.

Please note that if your account remains inactive for a period of 2 years, as determined by us, it may be closed without prior notice. In such cases, any unused credits will not be refunded.

If, at our exclusive discretion, we determine your breach of these Terms, misuse of the App, or any conduct deemed inappropriate or unlawful (on or off the App), we reserve the right to: (a) issue a warning via email; (b) erase your User Content; (c) terminate your Account without refund; (d) terminate your subscription(s) without refund; (e) notify and/or collaborate with law enforcement authorities; and/or (f) undertake any other action deemed suitable by us. Termination for cause is solely at our discretion, absolving us of liability to you or any third party for such termination.

Termination, whether initiated by you or us, results in the removal of access to your Account. Upon termination, all provisions of these Terms that, by their nature, should survive, shall do so, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. Your information will be managed and deleted in line with our Privacy Policy.

Disclaimer

The App, Site, Our Content, and Member Content are provided 'as is' and 'as available' without any warranty, whether express or implied, including fitness for a particular purpose, quiet enjoyment, non-infringement, or title. We do not guarantee the compatibility of any syncs. If applicable law doesn't allow excluding warranties, we grant the minimum required by law. No advice or information, whether oral or written, creates any warranty not expressly stated.

We do not assure that the App or Site will be uninterrupted, secure, or error-free, or that your use will meet expectations. The correctness, accuracy, or reliability of the App, Site, Our Content, Member Content, or any portion thereof is not warranted. Your use is at your own risk, and you are responsible for interactions with other members. We do not conduct criminal background checks on our members and are not responsible for their conduct.

Furthermore, we make no representations about the number of active users at any time, users' ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the services. We assume no responsibility for any content that you or another user or third party posts, sends, or receives through our services, nor do we assume responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate through the App, Site, or associated services. Any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion and risk. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology, including, but not limited to, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.

LIMITATION OF LIABILITY

Neither we nor any other party involved in creating, producing, or delivering the services will be liable for any damages, whether direct, indirect, incidental, consequential, special, or punitive. This includes, without limitation, loss of data, income, profit, or goodwill, loss or damage to property and third-party claims arising from your access to OR INABILITY TO ACCESS or use of the App, Services, Site, Our Content, any Member Content, third parties' on or through any of our affiliates’ services or in connection with the services as well as unauthorized access, use, or alteration of your conte regardless of the cause – be it breach of contract, tort (including negligence), proprietary rights infringement, product liability, or otherwise, even when we have been advised of the possibility of such damages.

This disclaimer applies even if we were informed of the potential for such damages. If you are dissatisfied with the App or Site, your sole remedy is to stop using them. Neither party is liable for delays or failures beyond reasonable control, such as telecommunications failures, equipment malfunctions, natural disasters, or events of war or terrorism.

We do not claim or guarantee that the services provided comply with the laws of any jurisdiction other than those explicitly mentioned. By using the App or Site, you waive any and all claims arising from such use. If any provision within these terms and conditions is deemed ineffective under any applicable law, all express, implied, and statutory warranties associated with it shall be restricted in duration to a period of thirty (30) calendar days from the initial utilization of Dejavoo.

In the event that any provision within these terms and conditions is deemed ineffective or not permitted under any applicable law, you agree that our aggregate liability to you for any and all claims howsoever arising from this Agreement or your use of the app shall not exceed the last amount paid to Dejavoo, IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST US, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL, or twenty Singapore Dollars (SGD20), whichever is less. The payment of the aforementioned Singapore Dollars by us to you shall constitute a complete satisfaction of any claims you may assert against us, and you shall be precluded from pursuing any additional remedies against us. You also agree to limit such claims or any additional liability not disclaimed or denied by Dejavoo under this Agreement to your direct and documented damages. The limitation on damages outlined in this paragraph applies (I) without regard to the basis of liability, including default, contract, tort, statute, or any other grounds, (II) irrespective of the nature of the breach of rights, privileges, or obligations, and (III) in relation to all events, the service, and this agreement.

This limitation of liability is a fundamental element of our agreement, reflecting a fair allocation of risk. The App and Site would not be provided without these limitations, and you agree that they will survive even if found to have failed in their essential purpose.

The limitation of liability provisions set forth in this section shall apply even if your remedies under this agreement fail with respect to their essential purpose.

INDEMNITY

You agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

the uploading or submission of Content to the App by you;
your access to and use of the App;
any negligent acts, omissions, or willful misconduct by you;
your conduct toward other users
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.

We have the exclusive right to settle claims without your prior consent. If needed, you will cooperate in the defense of any claim.

CLAIMS ON COPYRIGHT INFRINGEMENT

If you believe any content on Dejavoo infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to us. The Takedown Notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the alleged infringed exclusive right.
Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are covered by a single notification.
Identification of the material claimed to be infringing, along with information to help locate it.
Contact information for you, including an address, telephone number, and, if available, an email.
A statement that you believe the material's use is not authorized by the copyright owner, its agent, or the law, and, under penalty of perjury, that the information in the notification is accurate, and you are authorized to act on behalf of the allegedly infringed exclusive right.
A statement by the Informant confirming the accuracy of the complaint, agreeing to indemnify us for damages arising from the provided information, and asserting the Informant's rightful authority to act on behalf of the IPR Owner regarding the complaint.

Takedown Notices should be sent to our Copyright Agent at [email protected] or via https://dejavoo.date/support. We may terminate the accounts of repeat infringers.

THIRD PARTY APPLICATION STORE

When obtaining the App from a Third Party Store, specific terms and conditions additionally apply to you. In the event of any conflict or if the terms in this section are more restrictive compared to the general Terms stated elsewhere, the stricter or conflicting terms within this section will prevail, but only concerning the App and the Third Party Store. Kindly acknowledge and accept the following:

If the App fails to meet any applicable warranty, you have the right to notify us. We, if applicable, will reimburse you for the App's purchase price. To the fullest extent permitted by applicable law, We assume no other warranty obligations concerning the App. Any other claims, losses, liabilities, damages, costs, or expenses arising from a failure to meet any warranty are the exclusive responsibility of Dejavoo.
The agreement is exclusively between you and us; it does not involve Third Party Store providers. We bear sole responsibility for the App and its content. If these Terms conflict with the Third Party Store's terms of service regarding App usage, the more restrictive or conflicting Third Party Store term will take precedence.
The Third Party Store provider is not obligated to furnish maintenance or support services for the App. We assume responsibility for any product warranties, whether explicit or implicit, unless effectively disclaimed. All claims related to warranty non-compliance fall under our sole responsibility.
Claims related to the App, including product liability, failure to conform to legal requirements, consumer protection, and intellectual property infringement claims, are handled by us, not the Third Party Store provider.
The Third Party Store provider and its subsidiaries are considered third-party beneficiaries of these Terms. Upon your acceptance, the Third Party Store provider possesses the right to enforce these Terms against you as a third-party beneficiary.
In the event of a conflict between the Third Party Store or mobile carrier's terms and conditions and these Terms, the former will govern. We are not liable for goods or services from third parties obtained through the Third Party Store or mobile carrier. It is advisable to conduct necessary investigations before engaging in online transactions with these third parties.

Dispute Resolution

This arbitration provision shall survive termination of this Agreement.

This Agreement covers disputes or claims of any kind (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory) between you and us. These disputes or claims can arise from or be related to the Terms, previous versions of the Terms, your use of our App, or any other aspect of your relationship with us. This includes claims or disputes that arise before the effective date of these Terms but are not actually filed in arbitration. By entering into these Terms, you and we agree that such disputes or claims will be resolved through binding arbitration rather than in court.

Notice of Dispute and Informal Resolution

Before initiating the arbitration process, both you and we must provide written notice of the dispute at least 60 calendar days in advance of commencing arbitration. To notify us, send an email to [email protected]. The notice should include your name, current email address, mailing address, telephone number, as well as the name, email address, and telephone number associated with your Dejavoo account (if different from your current information). Additionally, describe the nature of the claim and the specific relief sought.

Both parties agree to engage in a good-faith effort to informally resolve any covered claim or dispute through a meeting and confer process, conducted via teleconference or videoconference. If either party is represented by counsel, the counsel may participate in the informal dispute resolution conference. Throughout this process, an offer of judgment may be provided. The defending party may serve an offer to allow judgment on specified terms, with the costs accrued up to that point. If the final judgment is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

All offers, promises, conduct, and statements made during the informal dispute resolution process are confidential and not admissible for any purpose in any subsequent proceeding. However, evidence otherwise admissible or discoverable remains unaffected.

The informal dispute resolution conference must occur within 60 calendar days of receiving the written notice, unless a mutually agreed-upon extension is in place. If, after participating in the conference, the parties cannot resolve the dispute, the claimant may commence arbitration according to this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to adhere to this process constitutes a breach of the Agreement, and no demand for arbitration is valid unless the written notice is provided, and good-faith discussions have taken place. The time limits for legal actions, known as the statute of limitations, and any deadlines for filing fees will be paused while you and we are actively involved in the informal dispute resolution process

While engaging in the informal dispute resolution process outlined in this section, any applicable statute of limitations will be tolled.

Initiating the Arbitration Process

If you and us cannot resolve a dispute within 60 calendar days, either party may initiate the arbitration process. To commence arbitration, you or we must send a certified mail notice of the claim, along with an individualized arbitration demand. The demand must include the name of the claiming party, his/her mailing address of you or we, the email address or phone number associated with the Dejavoo account, and a detailed description of the dispute and the relief sought. Notice to us should be directed to our business address.

Arbitration Rules

The initiating party is responsible for all filing fees. You and our obligations for other administrative and arbitrator costs are as outlined in the relevant arbitration provider’s rules unless the arbitrator deems the claims frivolous. If a claim is frivolous, the claimant must reimburse the respondent for its portion of all such fees.

Requirement for Individual Arbitration

All claims and disputes covered by this Arbitration Agreement must be addressed through individual arbitration and may not advance on a class or collective basis. You explicitly give up the right to engage in any class action or other collective proceedings.

If a decision determines that applicable law prohibits enforcing certain limitations within this subsection concerning a particular claim for relief, that specific claim must be distinguished from arbitration. However, all remaining claims will proceed through arbitration. It is crucial to note that this subsection does not inhibit you or we from taking part in a class-wide settlement of claims.

Mass Filings Protocol

If, at any time, 30 or more similar demands for arbitration are brought against us or related parties by the same counsel, coordinated entities, or in coordination, or if we initiates 30 or more similar demands for arbitration or counterclaims against similarly-situated parties within a 60-day period or in close proximity ("Mass Filing"), the following additional protocols shall be applied:

Acknowledgment of Mass Filing Protocols: If you, we, or your or our counsel files a demand for arbitration falling within the definition of Mass Filing, you and we agree that the demand for arbitration will be subject to the additional protocols outlined in this Mass Filings subsection. Any disagreement on whether a series of filings constitutes a Mass Filing will be resolved by the arbitration provider. Both parties acknowledge that the dispute resolution process may be delayed, and any applicable statute of limitations will be tolled from the time of filing of the demand for arbitration until the resolution of the bellwether proceedings.

Proposal for Judgment

A minimum of 14 calendar days before the scheduled arbitration hearing, either party has the option to present a written offer to the other party, outlining specific terms for a judgment. If the offered terms are not accepted by the recipient, and the recipient does not secure a favorable award, they forfeit the entitlement to any post-offer costs and must cover the costs incurred by the offering party from the moment of the offer.

Separability

General Severability

Unless expressly stated otherwise in these terms, any part or parts of this Arbitration Agreement deemed invalid or unenforceable under the law will be rendered ineffective and severed. However, the remaining portions of the Arbitration Agreement will continue to be fully valid and enforceable.

Protection of Non-Waivable Rights

If a court determines that any provision in the Arbitration Agreement might obstruct a non-waivable right to seek public injunctive relief, only the dispute related to such relief will be separated from arbitration and may be addressed in court. All other disputes falling within the scope of the Arbitration Agreement will persist and be resolved through arbitration as outlined.

a. Governing Law and Provisional Remedies

This Agreement and the parties' rights under it will be governed by and construed in accordance with the laws of Singapore, without consideration of conflict or choice of law principles.

b. Service of Process

Both parties agree irrevocably and unconditionally to accept service of process through personal service at their respective corporate headquarters, registered addresses, or primary addresses. This Agreement does not affect any party's right to effect service of process in any other manner allowed by applicable law.

Class Waiver

To the fullest extent permitted by law, each party agrees that any dispute arising from or related to this Agreement, whether in arbitration or court, will be resolved solely on an individual basis and not as part of a class, consolidated, or representative action. The right to a trial by jury is expressly waived in court proceedings arising from or related to this Agreement.

Award Provision

Subject to the liability limitations outlined in this Agreement, the appointed arbitrator may grant monetary damages and other remedies permitted by law. The arbitrator's decision is final and binding, not subject to appeal or review, and may be confirmed or enforced by any court with jurisdiction over either party or their assets.

Confidentiality

All parties involved will maintain the confidentiality of the arbitration proceeding, the hearing, and the Award. Exceptions include necessary disclosures for arbitration hearing preparations, court applications, confidential settlement negotiations, or as otherwise required by applicable laws. Parties, witnesses, and arbitrators are obliged to treat arbitration evidence as confidential.

Conflict of Rules

In case of a conflict between the provisions of Section "Governing Law and Provisional Remedies " and the rules governing arbitration specified in Section "Conflict of Rules", the provisions of Section "Conflict of Rules" will prevail. If any provision concerning arbitration is deemed invalid or unenforceable, it will be held to the minimum extent required by law, and all other provisions will remain valid and enforceable.

Continuation of Agreement

The Arbitration Agreement remains valid even after the conclusion of your association with Dejavoo. This Agreement, inclusive of all referenced policies and procedures, constitutes the comprehensive understanding between you and us regarding the provision and use of the Services. Unless explicitly specified otherwise in a written agreement executed between you and us, this Agreement takes precedence over any conflicting policy or arrangement related to the provision or use of the Services. It delineates the exclusive remedies available to you in connection with the Services. In the event that any provision or part of this Agreement is deemed invalid or unenforceable under applicable law, such provision will be revised and interpreted to achieve its intended objectives to the fullest extent possible, while all remaining provisions will continue in full force and effect.

FUTURE CHANGES AND RETROACTIVE APPLICATION

This Dispute Resolution provision, outlined above, is applicable to all disputes between the contracting parties. This encompasses any claims that have accrued against either you or us before your explicit consent to this contractual agreement, as well as claims that may arise subsequent to your consent to this agreement.

Utilization of Third-Party Integrations

When utilizing third-party features within our App, you are bound by their Terms of Service. If you do not agree to be governed by their Terms of Service, do not use third-party features within our App.

Feedback

Send feedback by emailing [email protected], accessing the 'Contact Us' feature within the 'Settings' on the App, or using the Support form on the website.

When you voluntarily submit an idea or feedback to us, it is considered unsolicited, and we have no obligation to solicit such input. By submitting, you acknowledge that Dejavoo is not bound by fiduciary or other obligations to you concerning any shared ideas. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license. This license includes the right to sublicense under any and all intellectual property rights that you own or control. It allows us to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose. We have the freedom to use your ideas/feedback without attribution or compensation. Anonymous feedback may not be accepted. Users who are the subject of feedback should be fully informed of all relevant facts and provided an opportunity to present their perspective.

We reserve the right not to reply to feedback.

No Waiver

No failure or delay in exercising any right, power, or privilege under the Terms shall constitute a waiver. Nor shall any single or partial exercise preclude any further exercise of the right or the exercise of any other right, power, or privilege. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's rights to subsequently enforce the provision. Any waiver of such rights or provisions will only be valid if documented in writing and endorsed by a duly authorized representative of Dejavoo.

Global Operations:

By using the App, you acknowledge that Dejavoo can operate globally through servers in multiple countries, including the United States. You agree to the transfer, storage, and processing of your personal information in these countries.

Third-Party Links:

The App may contain links to third-party websites or resources. Dejavoo is not responsible for their availability, accuracy, or the content, products, or services they offer. Use of such websites or resources is at your own risk.

English Version Takes Precedence:

If there is any inconsistency between the English version and translated copies of the Terms, the English version will take precedence.

Contact Details:

If you have questions, complaints, or claims related to the App or if you discover any violation of the Agreement by others, please reach out to [email protected].

Interpretation

No provision within this Agreement shall be construed against any party on the grounds of that party being the drafter. Unless expressly stated otherwise, the use of terms like "including" or "such as" should not be interpreted as restricting the breadth of the text that precedes them; instead, they will be considered to include the phrase "without limitation."

Clause headings are for convenience only and do not affect the interpretation of these Terms of Use. Unless stated otherwise, all clauses are defining.

In case of conflict between 2 or more provisions of our terms of conditions, whether found in the same or distinct documents, the provision more favorable to us prevails.

Entire Agreement

These Terms, in conjunction with the Privacy Policy, Cookie Policy, DejaVooer Guidelines, Safe Dating Practices, and any Additional Terms Upon Purchase, constitute the comprehensive agreement governing the use of our Services between you and Us. They replace all prior agreements, whether written or oral, and any representations or arrangements between us. In the event that a provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue to be fully effective.

You acknowledge that your Dejavoo account is non-transferable, and all your rights to the account and its content cease upon your death, unless otherwise mandated by law. While you may not transfer or assign the rights and licenses granted under these Terms, we reserve the right to do so without restriction. These Terms do not establish an agency, partnership, joint venture, fiduciary, or other special relationship or employment. You are not authorized to make representations on behalf of or bind us in any manner.

By entering into the agreement formed by these Terms of Service, you confirm that they have not relied on any statements, representations, warranties, understandings, undertakings, promises, or assurances from any person other than those expressly set out in these Terms of Service.

You irrevocably and unconditionally waives all claims, rights, and remedies that they might otherwise have had in relation to any of the foregoing.

You completely agree to all of the provisions contained above and any revisions hereafter. You completely agree that nothing in this agreement, along with all referenced policies and procedures, operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would:

(a) Contravene that law; or
(b) Cause any term of this agreement to be void.

By clicking 'Continue' in the app, 'Sign up with Facebook', 'Sign up with Google', or 'Sign up' on the site during registration as a user, and by clicking 'Log In' when you are entering your Dejavoo account, you understand that you are creating a digital signature intended to have the same force and effect as if you had manually signed your name. You also hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.