Dating Square: Terms of Use

Dating Square Terms of Use / User Agreement

Summary 

 

TERMS OF SERVICE 

INTERPRETATIONS

ACCEPTANCE OF THE TERMS 

DESCRIPTION OF THE SERVICE 

RESTRICTION ON USE 

USER SIGNUP OBLIGATIONS

DATA OWNERSHIP 

COPYRIGHT INFRINGEMENT CLAIMS 

FEES AND PAYMENTS 

DISCLAIMER OF WARRANTIES 

USER CONDUCT 

65SQUARE SAFETY GUARANTEE

NO OBLIGATION TO PRE-SCREEN CONTENT 

LIMITATION OF LIABILITY 

INDEMNIFICATION 

DISPUTE RESOLUTION ARBITRATION 

CONFIDENTIALITY 

SURVIVABILITY 

ASSIGNMENT 

FORCE MAJURE 

GOVERNING LAW

SEVERABILITY 

NON-WAIVER 

NOTICE 

THIRD PARTY SERVICE PROVIDERS 

TERMINATION AND REMEDIES 

MODIFICATION OF TERMS AND SERVICES 

END OF TERMS OF SERVICE 




Last revised on July 23, 2024

 

THIS IS AN AGREEMENT BETWEEN YOU (hereinafter “You” or “Your” or “User”) 15461812 Canada Inc. (hereinafter “65square”) GOVERNING YOUR USE OF Dating Square by 65square dating App .

TERMS OF SERVICE 

Greetings, and welcome to 65square Terms of Service (hereinafter referred to as “Terms”). These Terms set out the rights and limitation of liabilities of the parties hereto. These Terms strive to build a safe dating app for all its users as users’ safety is paramount important to us. We encourage you to familiarize yourself with the Terms and Conditions applicable to the use of 65square as these Terms represent a contractual agreement between you and 15461812 Canada Inc., as further defined below.  

INTERPRETATIONS

In this Terms of Service following words and expressions are used in the following senses, unless a contrary intention appears from the context

Account means a unique account created for You to access our Service or parts of our Service.

 

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

 

Application or App means the software program provided by the Company downloaded by You on any electronic device, named Dating Square by 65square. 

 

Company (referred to as either “the Company”, “We”, “Us” or “Our ” in this Agreement) refers to 15461812 Canada Inc. SUITE 281, 2949 17 Ave SE Calgary, AB T2A 1B7. It also includes 65square, its entities or subsidiaries.

 

Country refers to: Alberta, Canada

 

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

 

Personal Data is any information that relates to an identified or identifiable individual. It may also include sensitive data.

 

Sensitive personal data is a specific subset of personal information that includes certain government identifiers, biometric data, sexual orientation.

 

Service refers to the Application and may also include other services like 65square’s full social media application.

 

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

 

Subscription means monthly or yearly subscription plan purchased by the users. 

 

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

User means another person using the 65square App. 

 

You mean the individual accessing or using the Service. 

 

ACCEPTANCE OF THE TERMS

You must be of legal age (at least 18 years of age), not an offender convicted or registered for a sex crime or act of violence, and shall not be a person who is barred from using dating or social media platforms under the laws of Canada or any other applicable jurisdiction. 

If you do not agree to the Terms, please, abstain from using any of our Services. You can accept the Terms by checking a checkbox indicating your acceptance of the terms of service. If you require any clarifications, please contact us via: support@helpusedefend.com

 

DESCRIPTION OF SERVICE

65square is the one and only all-ID-verified, gamified, blind online dating mobile application that allows people to connect with others anywhere, based on their preferences.  

The Application offers three main features: 

“Blind Match” is a ten-minute game where one person gets the opportunity to ask three other random users questions without seeing their profiles or pictures. At the end of the timed game, users can mutually choose to ‘match’ and subsequently send direct messages to each other. 

“Swipe” allows users to check the profiles of other users. The profile pictures will only be visible after reviewing more and more information about the user. If two parties are interested in each others’ profile the App they can select to mutually ‘match’ and parties will be able to chat with each other on an ongoing basis. 

“Games and Chat” allows all users in a city’s Dating Square to freely chat in group rooms and to select a user to play board games within a private space.  

The base user screen time will be limited for two hours a day, maximum 14 hours per week and users will be able to purchase additional time or save (or “bank”) unused screen time within the same week.  Users can only redeem banked time once per week and all banked time must be used on that day or else the user will not be able to access any other banked time until the following week (Mondays at 8:00AM UTC). There is currently no limit to the amount of in-app “coins” which can be purchased and redeemed for additional time. 

RESTRICTIONS ON USE

In addition to all other terms and conditions of this Agreement, you shall not: transfer the services or otherwise make it available to any third party; reverse engineering or Scraping or replicating any part of the Application without our prior consent is expressly prohibited; provide any service based on the Services without prior written permission; post links to third party sites or use their logo, company name, etc. without their prior written permission; publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Us; violate any applicable local, state, national or international law; create or use a false identity to mislead any person as to the identity or origin of any communication; and any illegal unlawful act or any act repugnant to justice or human decency. 

 

USER SIGN UP OBLIGATIONS

You need to sign up for an Account by providing details including a Your passport which the system uses to extract details pertaining to your identification. All information including personal and/or sensitive information gathered will be utilized as per our Privacy Policy.  For more information about how we collect, what information we use and how we use it, please check out the Privacy Policy: https://helpusdefend.com/?page_id=1882

Any account created shall be only used by You and shall not be used by another person or to share Your Account with any other person without Our prior permission. You are responsible for taking necessary steps for ensuring that you do not lose control of your Account. 

You are responsible for all activities that occur in your user Account and you agree to inform us immediately of any unauthorized use of your user Account by email to support@helpusdefend.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise due to your failure to keep the Account details confidential.

When creating an Account and after, You shall agree to provide true, accurate, current and complete information about yourself as prompted by the sign up process; and maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. 

We reserve the right at our sole discretion to terminate or suspend, restrict access or take all required actions legal or other means as deemed required by Us without any prior notice in order to enforce this Terms or any other objective.  Further, we may decide to terminate or suspend your Account without notice: for violating these terms; due to your conduct on the App, or your conduct with other users of the App, online and offline;  for any reasons that we decide justified at our sole discretion. You will receive written notice after the fact, if we decide to take such action and you may appeal our decision in case you are not satisfied by contacting our support team at: support@helpusdefend.com. 

If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

You can delete your Account at any time by logging into the App, and following the given instructions under the “Settings” option. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund. Also, the obligation to cancel any recurring subscription is upon you to avoid additional billing.

 

DATA OWNERSHIP

We respect your right to ownership of content created or uploaded by you “Your Content”. You own the content created or uploaded by you. Unless specifically permitted by you, your use of the Services does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or uploaded through your user account for our commercial, marketing or any similar purpose. But you shall grant permission to Us to: access, distribute, store or transmit required data for the purpose of providing the Services to you.

You are not allowed to upload any content which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; any obscene, explicitly pornographic, violent or otherwise may offend human dignity; any abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry; any content encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; any defamatory or libellous; any commercial content including, advertising, links to other websites or premium line telephone numbers; any involves the transmission of “junk” mail or “spam”; any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information or otherwise; any itself, or the posting of which, infringes any third party’s rights; any content harmful to minors; or any content impersonates any other person, including falsely stating Your name.

Any content created and  uploaded by any other user, “User Content” shall remain under the ownership of the respective user and you shall not use, reproduce, modify, publish or distribute or for any commercial purposes, to spam, to harass, stalk or to make unlawful threats in any manner whatsoever.  

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Any content created and  uploaded by Us, “Our Content” shall remain under our ownership and you shall not use, reproduce, modify, publish or distribute or for any commercial purposes, to spam, to harass or for any unlawful activity in any manner whatsoever.  However, we grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, provided that access and use of Our Content is necessary to access the Application and use the services provided by us. 

COPYRIGHT INFRINGEMENT CLAIMS

Any copyright infringement notice (“DMCA Takedown Notice”) shall be sent to support@helpusdefend.com. The Takedown Notice must include: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and any other information; information to contact you; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

FEES AND PAYMENTS 

You are required to purchase a subscription to the Application by paying a Subscription fee for a term of either: 3 months, 6 months or 12 months via App Store or Google play and you acknowledge and agree that additional terms to use those services will apply. The Subscription will be recurring on the selected basis, and if payment is not received by us on time You agree to promptly pay all amounts due upon demand by us. All payments and Fees paid are nonrefundable, and there are no refunds or credits for partially used periods. 

Please note that if you purchase a Subscription, Your Subscription will be automatically renewed at the end of the renewal period at the current fee, unless you cancel and We take no responsibility in cancelling Your Subscription. To avoid charges for a new subscription period, you must cancel at least 48 hours prior to the subscription renewal date. Deleting Your Account or deleting the Application from Your device does not cancel Your subscription or canceling Your Subscription does not remove Your Account from the App. Please follow the procedure given on the Application to delete Your Account.  

You will be able to cancel the Subscription through the Third Party Store and follow their instructions to change or cancel Your subscription. If you cancel Your subscription, you may use Your subscription until the end of the period.  

Further, We reserve the right to change the Subscription fees as We deems fit and You will be notified through a service email. After the service email, if You continue to use the Application, you agree that you will be charged at then-current pricing for Subscription.

Any payment made does not include any tax that may be due in connection with the Subscription, if it is required taxes will be collected separately. You shall be responsible for the payment of any taxes you are responsible to pay and any related penalties or interest to the relevant tax authority. 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.

USER CONDUCT 

WE DO NOT HAVE ANY OBLIGATION TO CONTROL OR MONITOR THE CONDUCT OF USERS IN ANY MANNER WHATSOEVER AND ANY USER CAN REPORT AND COMPLAINT ANY CONDUCT OR CONTENT THAT CONFLICTS WITH THIS TERMS OF SERVICE OR ANY OTHER LAW OR RIGHT OR ANY GUIDELINE. WE RESERVE THE RIGHT TO INVESTIGATE ON ANY POSSIBLE VIOLATION WITHOUT ANY COMPLAINT ANY TAKE ANY ACTION AS WE DEEM FIT AND NECESSARY WITH OR WITHOUT PRIOR NOTICE. 

 PLEASE READ OUR COMMUNITY GUIDELINES TO GET A FULL UNDERSTANDING OF THE RIGHTS AVAILABLE TO USERS, RESTRICTED BEHAVIOURS AND POSSIBLE CORRECTIVE MEASURES AVAILABLE TO BE UTILIZED AT OUR OWN DISCRETION.   

 

65square SAFETY GUARANTEE

WE ARE SO CONFIDENT IN THE SAFE ONLINE SPACE OUR PLATFORM OFFERS THAT WE ARE WILLING TO COMMIT TO A LIABILITY OF UP TO $100,000 IN THE EVENT YOU SUFFER VERIFIABLE CRIMINAL HARM USING OUR PLATFORM. 

 DEFINITIONS

HARM IN THE CONTEXT OF THIS GUARANTEE INCLUDES PHYSICAL, EMOTIONAL, MENTAL AND FINANCIAL HARM THAT CAN ARISE FROM SEXUAL PREDATION, CYBER BULLYING, IDENTITY THEFT AND FRAUD.

TERMS AND CONDITIONS

IN ORDER FOR 65square TO BE LIABLE IN THE CONTEXT OF THIS GUARANTEE CERTAIN CONDITIONS WILL NEED TO HAVE BEEN MET. THESE CONDITIONS ARE AS FOLLOWS:

  1. THE ALLEGED VICTIM MUST HAVE FOLLOWED ALL OF 65square’s USER POLICIES, COMMUNITY GUIDELINES AND TERMS AND CONDITIONS. ANY BREACH OF 65square’s USER POLICIES, COMMUNITY GUIDELINES OR TERMS AND CONDITIONS WILL VOID ANY CLAIM UNDER THIS SAFETY GUARANTEE

  2. AN INTERNAL INVESTIGATION WITHIN 65square WOULD HAVE OCCURRED AND A CONCLUSION REACHED THAT THERE IS A STRONG LIKELIHOOD THE ALLEGED VICTIM MAY HAVE SUFFERED THE HARM IN QUESTION

  3. THE ALLEGED VICTIM MUST HAVE NOTIFIED LAW ENFORCEMENT OF THE INCIDENT AND A POLICE REPORT ISSUED.

  4. THE ALLEGED VICTIM MUST HAVE INSTITUTED CRIMINAL AND CIVIL PROCEEDINGS IN A COURT OF LAW WHICH MUST RESULT IN A CONVICTION OR SUCCESSFUL CIVIL CLAIM IN FAVOUR OF THE ALLEGED VICTIM AND AGAINST THE ALLEGED PERPETRATOR

  5. WHEN ADVANCING A CLAIM UNDER THIS GUARANTEE 65square WILL NOT BE LIABLE FOR ANY AMOUNTS EXCEEDING THE $100,000 SET OUT IN THIS GUARANTEE.

 

 NO OBLIGATION TO PRE-SCREEN CONTENT 

WE DO NOT HAVE AN OBLIGATION TO PRE-SCREEN YOUR CONTENT OR USER CONTENT CREATED AND UPLOADED TO THE APPLICATION. 

 LIMITATION OF LIABILITY

YOU AGREE THAT WE AND ITS SUCCESSORS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL WE ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

FURTHER, YOU SHALL HEREBY RELINQUISH US AND ITS SUCCESSORS FROM ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE, THAT EITHER DIRECTLY OR INDIRECTLY ARISES FROM YOUR INTERACTIONS WITH OR CONDUCT OF OTHER USERS OF THE APPLICATION.  

California resident shall hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Us or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application. 

INDEMNIFICATION

You agree to indemnify and hold harmless Us, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to Your use of the Services, except where such use is authorized by Us.

DISPUTE RESOLUTION

You shall make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms of Service through negotiation. If the parties fail to resolve, any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of an arbitration institute decided by Us. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and conclusive. The arbitration shall be conducted in Alberta, Canada Notwithstanding anything to the contrary, We may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

CONFIDENTIALITY

You shall agree and acknowledge that you may have access to certain information and materials, including the terms of Service, concerning the business, business writings, employees information, business technologies that we use, products and services of the other parties or Us, that are business secrets and confidential information.

You shall note except with your prior permission, replicate, reproduce, use, share, disclose to any other third-party any Confidential Information or business secrets.

You shall return to us or destroy the business secrets or Confidential Information promptly upon our written request. 

SURVIVABILITY

The obligations and liabilities incurred by you prior to the termination, suspension shall survive the termination of these Terms of Service for all purposes. 

ASSIGNMENTS

You may not assign any of Your rights under these Terms of Service to anyone else. We may assign our rights to any other individual or entity at our discretion.

FORCE MAJEURE

The failure or delay of Us in the performance of any part of the Service, for any reason beyond our control, which includes, but not limited to, acts of God, severe weather conditions, floods, earthquakes, embargoes, war, terrorist acts, riots, fires, nuclear accidents, strikes, power blackouts, volcanic action shall not constitute any violation of the act.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Alberta, Canada. And any ambiguities in the construction of these Terms of Service shall not be construed against the drafting party.

SEVERABILITY

If any clause of these Terms of Services is unenforceable, then the rest of the Terms of Services will still be valid.

NON-WAIVER

The failure of us to enforce any right, power or privilege provided under these Terms of Service shall not constitute a waiver of such right or provision. All waivers by Us will be contained in a written instrument signed by Us.

NOTICES

Any notice to you will be effective when we send it to the last email or physical address you have provided to us. Any notice to us will be effective when delivered to us. You can contact us through support@helpusdefend.com

THIRD PARTY SERVICE PROVIDERS   

You will also be subjected to Terms of Services of Third party service providers that we use, please read and understand all the terms of services before using this Application. We do not have any control over the terms of third parties. Further, in case of any conflict between these Terms of Service and any other Third-party terms, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply. The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services or take any liability with respect to the App. The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You will be subject to Terms and Conditions of, including but not limited to Appstore or Google Play, Agora, Google Cloud and Amazon Web Services. 

TERMINATION AND REMEDIES

These Terms shall be valid from the date You commence using the Application and will continue until terminated or You stop using the Application. Nonetheless, if otherwise mentioned elsewhere and following mentioned clauses shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

Please note that if you delete Your Account or if we decide to terminate providing services to you, Your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund. Also, the obligation to cancel any recurring subscription is upon you to avoid additional billing.

Your information will be maintained and deleted in accordance with our Privacy Policy. 

MODIFICATION OF TERMS OF SERVICE

We may modify the Terms upon notice to you or at any time through a service announcement or by sending email to Your primary email address or without any notice. Nonetheless,  If we make significant changes to the Terms that affect Your rights, you will be provided with at least 14 days advance notice of the changes by email to Your primary email address. 

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Terms of Service, please contact us at info@helpusdefend.com 



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