Terms of Use

Last revised on 01/03/2023

Hi there, and welcome to THE EIGHTYEIGHT’s Terms of use.

We appreciate you taking the time to read it, because once you view, use and become a member of our exiting universe, you’re legally bound to our Terms of Use.

Acceptance of Terms of Use Agreement

By creating a THE EIGHTYEIGHT account or by using the services on THE EIGHTYEIGHT, whether through a mobile device, mobile application or computer, you agree to be bound by (I) these Terms of Use, (II) our Privacy Policy and Safety Advice, each of which is incorporated by reference into this Agreement, and (III) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on THE EIGHTYEIGHT. If you do not accept and agree to be bound by all the terms of this Agreement, please do not use the service.

We may make changes to this agreement and to the services from time to time. We may do this for a variety of reasons including, to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this agreement will be posted on the service under Support, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the service or via email. If you continue to use the service after the changes become effective, you automatically agree to the updated agreement.

Eligibility

You must be at least 18 years old to create an account on THE EIGHTYEIGHT and use the service. By creating an account and using the service, you declare and guarantee that:

• You can enter into a binding contract with THE EIGHTYEIGHT.
• You’re not excluded from using THE EIGHTYEIGHT e.g. because you’ve previously been banned from us.
• You will comply with this agreement and all applicable laws and regulations regarding this matter.

Your Account

In order to use THE EIGHTYEIGHT, you may sign in using your email and username, personally chosen for your profile. But you may also log in with your Facebook, Apple or Gmail login. If you do so, you authorise us to access and use certain Facebook, Apple or Gmail login account information. For more information regarding the information, we collect from you and how we use it, please read our Privacy Policy.

You’re responsible for maintaining the confidentiality of your login credentials you use to sign up to THE EIGHTYEIGHT, and you’re solely responsible for all activities that occur under those credentials. If you suspect someone has gained access to your account, please contact us immediately.

Modifying the Service and Termination

THE EIGHTYEIGHT is always striving to improve the service and bring you additional functionality that you will find fun, engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them down. We may even remove the service entirely, in which event we will notify you in advance unless justifying circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in Settings under your Account, however if you use a third-party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. THE EIGHTYEIGHT may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except some provisions will still apply to you and THE EIGHTYEIGHT, which you can find in this agrement

Safety: Your Interactions with Other Members

Though THE EIGHTYEIGHT strives to encourage a respectful user experience through features, it is not responsible for the conduct of any user on or off of the service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the service or meet in person. In addition, you agree to review and follow THE EIGHTYEIGHT’s Safety Advice, located on THE EIGHTYEIGHT, prior as well as after you start using the service. Furthermore, you agree that you will not provide your financial information (e.g. your credit card or bank account information), or wire or otherwise send money to other members.

Please note: You’re solely responsible for your interactions with other members. You understand that THE EIGHTYEIGHT doesn’t conduct criminal background checks on its members or otherwise inquire into the background of its members. THE EIGHTYEIGHT makes no representations or warranties regarding the behaviour of members, as well as outside of THE EIGHTYEIGHT.

Rights THE EIGHTYEIGHT Grants You

THE EIGHTYEIGHT grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the service. This license is for the sole purpose of letting you use and enjoy the service’s benefits as intended by THE EIGHTYEIGHT and permitted by this agreement. Therefore, you agree not to:

• Use the service or any content contained in the service for any commercial purposes without our written consent.
• Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material photos, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the service without THE EIGHTYEIGHT’s prior written consent.
• Express or imply that any statements you make are endorsed by THE EIGHTYEIGHT.
• Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the service or its contents.
• Use the service in any way that could interfere with, disrupt or negatively affect the service or the servers or networks connected to the service.
• Upload viruses or other malicious code or otherwise compromise the security of the service.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the service.
• “Frame” or “mirror” any part of the service without THE EIGHTYEIGHT’s prior written authorisation.
• Use meta tags or code or other devices containing any reference to THE EIGHTYEIGHT or the service (or any trademark, trade name, service mark, logo or slogan of THE EIGHTYEIGHT) to direct any person to any other website for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the service, or cause others to do so.
• Use or develop any third-party applications that interact with the service or other members’ content or information without our written consent.
• Use, access, or publish the THE EIGHTYEIGHT application programming interface without our written consent.
• Probe, scan or test the vulnerability of our service or any system or network.
• Encourage or promote any activity that violates this agreement.

The company may investigate and take any available legal action in response to illegal and/or unauthorised use of the service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Rights you Grant THE EIGHTYEIGHT

By creating an account, you grant THE EIGHTYEIGHT a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the service or transmit to other members (collectively, “content”). THE EIGHTYEIGHT’s license to your content shall be non-exclusive, except that THE EIGHTYEIGHT’s license shall be exclusive with respect to derivative works created through the use of the service. e.g., THE EIGHTYEIGHT would have an exclusive license to screenshots of the service that include your content. In addition, so that THE EIGHTYEIGHT can prevent the use of your content outside of the service, you authorise THE EIGHTYEIGHT to act on your behalf with respect to infringing use of your content taken from the service by other members or third parties.

Our license to your content is subject to your rights under applicable law (e.g. laws regarding personal data protection to the extent any content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the service and researching and developing new ones.

You agree that any content you place or that you authorise us to place on the service may be viewed by other members and may be viewed by any person visiting or participating in the service (such as individuals who may receive shared content from other THE EIGHTYEIGHT members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the content on the service and grant the license to THE EIGHTYEIGHT above.

You understand and agree that we may monitor or review any content you post as part of a service. We may delete any content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for THE EIGHTYEIGHT allowing you to use the service, you agree that we, our affiliates, and our third-party partners may place advertising on the service. By submitting suggestions or feedback to THE EIGHTYEIGHT regarding our services, you agree that THE EIGHTYEIGHT may use and share such feedback for any purpose without compensating you.

You agree that THE EIGHTYEIGHT may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (I) comply with legal process; (II) enforce this agreement; (III) respond to claims that any content violates the rights of third parties; (IV) respond to your requests for customer service; or (V) protect the rights, property or personal safety of the company or any other person.

Community Rules

By using the Service, you agree that you will not:

• Use the service for any purpose that is illegal or prohibited by this agreement.
• Use the service for any harmful or nefarious purpose.
• Use the Service in order to damage THE EIGHTYEIGHT.
• Spam, solicit money from or defraud any members.
• Impersonate any person or entity or post any photos of another person without his or her permission.
• Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
• Post any content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• Post any Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
• Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Request passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his/her permission.
• Use another member’s account.
• Create another account if we’ve already terminated your account, unless you have our permission.

THE EIGHTYEIGHT reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this agreement, misused the service or behaved in a way that THE EIGHTYEIGHT regards as inappropriate or unlawful, including actions or communications that occur on or off the service.

Other Members’ Content

Although THE EIGHTYEIGHT reserves the right to review and remove content that violates this agreement, such content is the sole responsibility of the user who posts it, and THE EIGHTYEIGHT cannot guarantee that all content will comply with this agreement. If you see content on the service that violates this agreement, please report it within the service or via info@theeightyeight.com.

Purchases

In General

From time to time, THE EIGHTYEIGHT may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorised by THE EIGHTYEIGHT (each, a “Software Store”). If you choose to make an in app purchase, you’ll be prompted to enter details for your account with your software store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some software stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Auto-Renewal; Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your payment method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the agreement. Objections to a payment already made should be directed to THE EIGHTYEIGHT Support if you were billed directly by THE EIGHTYEIGHT or the relevant third party account such as iTunes. You’ll also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on THE EIGHTYEIGHT or the relevant third party account, but be advised that you’re still obligated to pay any outstanding amounts.

Additional Terms that apply if you pay THE EIGHTYEIGHT directly with your Payment Method

If you pay THE EIGHTYEIGHT directly, THE EIGHTYEIGHT may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, THE EIGHTYEIGHT may terminate your account immediately in its sole discretion. You may edit your Payment Method information by visiting THE EIGHTYEIGHT and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to THE EIGHTYEIGHT will be through MTCH Technology Services Limited.

Boost and Other Virtual Items

From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", including but not limited to Boost (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when THE EIGHTYEIGHT ceases providing the Service or your account is otherwise closed or terminated. THE EIGHTYEIGHT, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. THE EIGHTYEIGHT may manage, regulate, control, modify or eliminate Virtual Items at any time. THE EIGHTYEIGHT shall have no liability to you or any third party in the event that THE EIGHTYEIGHT exercises any such rights. Virtual Items may only be redeemed through the Service.

All purchases and redemptions of virtual items made through the service are final and non-refundable. The provision of virtual items for use in the service is a service that commences immediately upon the acceptance of your purchase of such virtual items. You acknowledge that THE EIGHTYEIGHT is not required to provide a refund in respect of virtual items for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

Purchases of virtual items are final and non-refundable.

To Request a Refund

If you subscribed using your Apple ID or Google Play, refunds are handled by Apple and Google Play, not THE EIGHTYEIGHT. To request a refund, go to your account on App Store or Google Play, and follow their instructions.

Pricing

THE EIGHTYEIGHT operates a global business and provides services to a diverse community of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide us with the following information:

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the service (and such description must be reasonably sufficient to enable us to find the alleged infringing material).
• Your contact information, including address, telephone number and email address
• A written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

THE EIGHTYEIGHT will terminate the accounts of repeat infringers.

Disclaimers

THE EIGHTYEIGHT provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. THE EIGHTYEIGHT doesn't represent or warrant that (a) the service will be uninterrupted, secure or error free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the services will be accurate. THE EIGHTYEIGHT takes no responsibility for any content that you or another user or third party posts, sends or receives through the services. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.

Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. THE EIGHTYEIGHT is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our service, such party’s terms will govern their relationship with you. THE EIGHTYEIGHT is not responsible or liable for such third parties’ terms or actions.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will THE EIGHTYEIGHT, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (I) your access to or use of or inability to access or use the services, (II) the conduct or content of other users or third parties on, through, or following use of the services; or (III) unauthorised access, use or alteration of your content, even if THE EIGHTYEIGHT has been advised of the possibility of such damages. In no event will THE EIGHTYEIGHT aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to THE EIGHTYEIGHT for the service while you have an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless THE EIGHTYEIGHT, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the service, your content, or your breach of this agreement.

Entire Agreement; Other

This agreement, with the Privacy Policy, the Safety Advice and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the service, contains the entire agreement between you and THE EIGHTYEIGHT, regarding the use of the service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the company to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. You agree that your THE EIGHTYEIGHT account is non-transferable and all of your rights to your account and its content, terminates upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this agreement and you may not make any representations on behalf of, or bind THE EIGHTYEIGHT in any manner.

How to Contact Us

If you have questions about this Privacy Policy, here's how you can reach us:

Online: Here

By post: Amsiq A/S, Jernbanepladsen 1, 2800 Kongens Lyngby, Denmark

CVR: 34490414