Terms and Conditions

1.1 We are OOMPHDATING LTD of 35, west street, Drogheda (“OOMPHDATING LTD”, “we”, “us”, or “our”).

1.2 We operate Oomph our iOS and Android Mobile Applications (our “App”),

1.3 To contact us, please use [email protected].

1.4 These Terms were last updated on Saturday, 23rd of March 2024, and are the current and valid version.

1.5 The name Oomph as well as related names, marks, emblems and images are the copyright of OOMPHDATING LTD. All Rights Reserved © 2024 OOMPHDATING LTD.

2.1 The provisions set out in these Terms govern your access to and your use of our App and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App.

2.2 Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our App on these Terms.

2.3 We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our App or your Account at any time, or remove or edit content (including content submitted by you) on our App or on any of our affiliated websites (including social media pages).

2.4 We reserve the right to change, modify, suspend, or discontinue any portion of the services, our App or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

2.5 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our App or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

2.6 Users have the ability to block other users and report abuse if they encounter any inappropriate content or inappropriate online behavior.

Mechanisms-

2.6.1 Users can 'unmatch' or 'report & block' others by using the 'slide' feature available on each match in their conversation list.

2.6.2 Users can also report abuse and block a user directly from the chat interface by clicking on the three dots in the top-right corner of the chat with the person they want to block and report.

2.6.3 After exchanging a certain number of messages with another user, both parties will be prompted to review each other on various parameters. This feature aims to foster a healthy environment on our platform.

3.1 Our App is only available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”).

3.2 Your use of our App is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our App and these Terms with respect to your use of our App, these Terms will take priority.

3.3 So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following licence: a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to (i) download and install our App on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use our App, including any Content, for your personal entertainment purposes leveraging only the functionality of our App. We and our licensors reserve all rights not granted to you in these Terms.

3.4 "Content" means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our App. Content also includes anything generated, created, or that is otherwise developed within our App by any user (including you) as a result of interaction with the functionality of our App. We may, in our sole discretion, remove, edit, or disable any content for any reason.

The following terms apply when you use our App obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our App:

4.1 the Licence granted to you for our App is limited to a non-transferable Licence to use our App on a device that utilises the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

4.2 we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this Licence or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.3 you must comply with applicable third-party terms of agreement when using the App,

4.4 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Licence, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Licence against you as a third-party beneficiary thereof.

5.1 The services are provided via a dedicated account.

5.2 You are responsible for keeping your account confidential.

5.3 By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our App, you agree and acknowledge that:

5.3.1 you have read the terms set out in these Terms and agree to be bound by and comply with them; and

5.3.2 you must be at least 18 years of age

5.4 You are also responsible for any use of any account that you have access to, whether or not you authorised the use.

5.5 You will immediately notify us of any unauthorised use of your accounts.

5.6 You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised account.

6.1 We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.

6.2 We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of our App. When a breach of this agreement has occurred, we may take such action as we deem Appropriate

6.3 Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our App, and may result in our taking all or any of the following actions:

6.3.1 immediate temporary or permanent withdrawal of your right to use our App;

6.3.2 immediate temporary or permanent removal of any services rendered;

6.3.3 issuance of a warning to you;

6.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;

6.3.5 further legal action against you; and/or

6.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

6.4 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem Appropriate.

7.1 Access to certain premium features of our App requires payment of fees before you can access or use them (“Fees”). These Fees will be notified to you through the App and processes exclusively through the relevant App Distributor.

7.2 Any Fees due in relation to your subscription must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of the services.

7.3 Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

7.4 You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

7.5 All payments shall be made by using the payment methods specified by the relevant App Distributor from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods and the relevant App Distributor. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method.

7.6 We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

8.1 All Content included on the App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of OOMPHDATING LTD, our affiliates or other relevant third parties. By continuing to use the App you acknowledge that such material is protected by applicable Dutch and International intellectual property and other relevant laws.

8.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App unless otherwise indicated on the App or unless given express written permission to do so by OOMPHDATING LTD.

8.3 Any intellectual property rights in content uploaded by you to our App shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the services and our responses to users of the App.

8.4 You acknowledge that you have no right to have access to our App in source code form.

9.1 OOMPHDATING LTD grants you a limited, revocable, non-exclusive, non-sub-licensable licence to install, copy and use the App solely as necessary for you to use the service; and you will not (and You will not allow any third party to)

9.1.1 copy, modify, adapt, translate or otherwise create derivative works of the App;

9.1.2 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App, except as expressly permitted by the law in effect in the jurisdiction in which You are located;

9.1.3 rent, lease, sell, assign or otherwise transfer rights in or to the App;

9.1.4 remove any proprietary notices or labels on the App or placed by the service;

9.1.5 use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the service or the App; or

9.1.6 use data labelled as belonging to a third party in the service for purposes other than use of the App and service

10.1 These content standards Apply to any and all information and material which you post or upload on our App (“Contributions”).

10.2 You must comply with the spirit of the following standards as well as the letter. The standards Apply to each part of any Contribution as well as to its whole.

10.3 Contributions must comply with applicable law, in particular, the laws of any country from which they are posted.

10.4 You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licences allowing you to upload and post the Contributions to and on our App.

10.5 Contributions must not:

10.5.1 infringe any intellectual property right of any other person;

10.5.2 be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;

10.5.3 contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;

10.5.4 be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;

10.5.5 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

10.5.6 give the impression that they emanate from us, if this is not the case; or

10.5.7 advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature

10.6 You may use our App only for lawful purposes. You may not use our App:

10.6.1 in any way that breaches any applicable local or international laws or regulations;

10.6.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

10.6.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

10.6.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10.7 You also agree:

10.7.1 not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of our Terms; and

10.7.2 not to access without authority, interfere with, damage or disrupt:

10.7.3 any part of our App;

10.7.4 any equipment or network on which our App is stored;

10.7.5 any software used in the provision of our App; or

10.7.6 any equipment or network or software owned or used by any third party.

10.8 We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.

10.9 Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.

11.1 You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy, with Ireland’s Data Protection Act 2018 (“DPA”) and the EU's General Data Protection Regulation (GDPR) and any other applicable laws.

11.2 You are fully responsible for your content uploaded to our App. We will not be responsible, or liable to any third party, for:

11.2.1 the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App; or

11.2.2 the loss of any content or data provided to us by you. You should keep a record of all such content and data.

11.3 We will only use the content uploaded by you for the purposes of carrying out the services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.4 We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the services and our response to users of the App.

11.5 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law.

11.6 We have the right to delete any content uploaded to our App if, in our opinion, it does not comply with the content standards set out.

12.1 By posting your Contributions to any part of the App or making Contributions accessible to the App you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

12.2 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App.

12.3 You are solely responsible for your Contributions to the App, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12.4 We have the right, in our sole and absolute discretion,

12.4.1 to edit, redact, or otherwise change any Contributions;

12.4.2 to re-categorize any Contributions to place them in more Appropriate locations on the App; and

12.4.3 to pre-screen or delete any Contributions at any time and for any reason, without notice.

12.5 We have no obligation to monitor your Contributions.

13.1 Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.

13.2 This Applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.

13.3 We do not guarantee that the services offered can actually be used with the User's device.

14.1 While we make all efforts to maintain the accuracy of the information on our App, we provide the services, App and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

14.2 You acknowledge that no Third Party is authorised to make any statement or representation for and on behalf of us.

14.3 To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our App, the related content, or electronic communications sent by us are free of viruses or other harmful components.

You are responsible for all data-related charges that you may incur for using our App, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using our App

16.1 You acknowledge that it is your responsibility to confirm and determine that the end-user device on which you intend to use our App satisfies the technical specifications required.

16.2 We reserve the right to modify the technical specifications as we see appropriate at any time.

17.1 We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the services and our App, is at your sole risk.

17.2 You agree not to use the services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our App or any other website or software) for:

17.2.1 loss of profits, sales, business, or revenue;

17.2.2 business interruption;

17.2.3 loss of anticipated savings;

17.2.4 loss or corruption of data or information;

17.2.5 loss of business opportunity, goodwill or reputation; or

17.2.6 any other indirect or consequential loss or damage.

17.3 Nothing in these Terms shall limit or exclude our liability for:

17.3.1 death or personal injury resulting from our negligence;

17.3.2 fraud; and/or

17.3.3 any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

17.4 Our App is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

17.5 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

19.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

19.4 These Terms and any document expressly referred to in it constitutes the entire agreement between us.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

19.7 These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Ireland. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

20.1 14-Day Refund Policy:

20.1.1 We understand the importance of consumer rights and strive to provide a satisfactory experience to all users of our App. Therefore, in compliance with the EU Consumer Rights Directive, we offer a 14-day refund policy on in-app purchases made within our App.

20.1.2 Should you decide to cancel a purchase made within our App using payment methods such as Stripe, Google Pay, or Apple Pay, you have the right to request a refund within 14 days of making the purchase.

20.1.3 This cooling-off period, also known as the right of withdrawal, allows you to withdraw from the purchase without providing any reason.

20.1.4 To initiate a refund request, please contact us at [email protected] within the 14-day period from the date of purchase.

20.1.5 Upon receiving your refund request, we will process it promptly and provide a full refund of the purchase amount, including any standard delivery costs paid at the time of purchase.

20.1.6 Please note that certain exceptions may apply to this refund policy, as outlined in the EU Consumer Rights Directive.

20.2 Modification of Terms:

20.2.1 We reserve the right to modify or update these refund policies in accordance with changes in applicable laws or regulations.

20.2.2 Any modifications to our refund policies will be communicated to you through appropriate channels, and your continued use of our App after such modifications shall constitute your acceptance of the revised refund terms.