This Terms of Service, hereinafter referred to as the "Contract", shall constitute contractual relationships between you, and Feelo, Inc., hereinafter referred to as "Feelo".
Please carefully read the terms and conditions of this Contract and make sure you understand everything before you proceed as by accepting the terms and conditions of this Contract you shall be bound by it.
1. DEFINITIONS. The terms provided below are used hereunder exclusively for your convenience and does not affect its legal meaning set out by applicable law. Such terms shall be construed as follows.
a) Application means mobile applications or other application software built for any other platform under the title "Feelo" or any other title and designed to provide a service which helps its users to confess their feelings to others as well as provide other related services, and which are owned and operated by Feelo. b) Website means a website owned by Feelo whose domain is www.feelo.com, www.feeloapp.com, www.feelo.app through which the Application and related services are accessible for Users.
c) User means any person who uses Application, Website and/or other services operated by Feelo through these of other platforms.
d) Effective Date means the date you accept the terms and conditions of this Contract in one or more of the ways referred to in Section 2 of this Contract.
The Contract shall be deemed to have been executed upon the moment you accept this Contract which may be performed, in particular, by: і) commencement of actual use of services; іі) your registration on the Website, in Application or within other Feelo's system, including by creating an account or profile herein; iii) putting an electronic signature in any form permitted by applicable law; iv) starting actual use of the services.
The Effective Date shall be calculated upon performance of any of your actions specified in this Section, which took place first.
3. SCOPE & SERVICES. This Contract governs and applies to your access to and use of the Website, Application and services accessible and provided through such or other
platforms, hereinafter collectively referred to as the "Services", owned, operated or provided by or on behalf of Feelo.
If you provide any false, inaccurate or incomplete information or if Feelo considers that there are reasonable causes to doubt the accuracy, integrity or truthfulness of such information, Feelo may deny you an access to, and use of, the Services hereunder or any content included herein.
You agree to use the Services, including all features and functionalities associated therewith, pursuant to this Contract, all applicable laws, regulations and rules, or other restrictions on use of the Services or content therein. You may not use the Services otherwise than for personal and non-commercial purposes.
Feelo regularly updates the Website, Application, all the Services and all the content accessible through them. Feelo also constantly tests and monitors various aspects of the Services, including without limitation, the Application, promotional features, User interfaces, availability of the Website or any other content accessible through the Services.
Feelo may at its sole discretion use commercially reasonable efforts to provide technical support for Services. Technical support shall be determined exclusively by Feelo and may be provided, including without limitation, by way of telephone and email assistance. Feelo is not responsible for providing technical support for any products, apps or services provided to you by any third party.
4. PAYMENTS. Feelo charges you fees for accessing and using some of the Services hereunder, including on a subscription basis. If the charges are related to a portion of the Services, you agree to pay that charge in the currency specified by Feelo. The prices specified for the Services excludes all applicable currency exchange settlements, taxes, duties and other additional charges and fees unless stated otherwise. You are solely responsible for paying such currency exchange settlements, taxes, duties or other additional charges, unless stated otherwise.
To access and use the above Services, you must provide one or more payment methods suggested by Feelo. Feelo engages third party payment providers to process and/or accept the payments due to Feelo hereunder. If you purchase the above Services on a subscription basis and your primary method is declined or no longer available to Feelo for payment of your subscription fee, the latter may charge any payment method related to your profile or account within Feelo's system. You remain responsible for any uncollected amounts. If Feelo does not receive a payment from you on time or such payment is not successfully settled, due to incorrect payment information, expiration, insufficient funds or otherwise,
it may cancel or suspend your access to and use of the Services until the valid payment method is successfully charged.
You may update your payment methods and Feelo may do the same using information provided by third party payment providers. In the aftermath of any update, Feelo is entitled to keep charging the applicable payment methods.
You can cancel your access to the chargeable Services, including those on a subscription basis, at any time. In this case you'll further have an access to such the Services to the end of the billing period, if any. Please note, that insofar as permitted by applicable law, the payments due to Feelo are non-refundable as well as Feelo does not provide any refunds for partially used or unused Services, including those on a subscription basis. If you cancel your subscription to the chargeable Services, your account or profile within Feelo's system shall automatically close at the end of the billing period.
6. INTELLECTUAL PROPERTY. All copyrights, industrial property and other intellectual property rights to the Website, Application, any its parts or any content included herein and accessible through the Services, including without limitation, any texts, images, graphic designs, industrial designs, utility models, inventions, software, trademarks and others, are exclusively owned by Feelo.
To access and use the Services hereunder, Feelo grants the User a non-exclusive, limited, non-transferrable, non-sublicensable, revocable license. Except as provided herein, you shall not obtain under this Contract from Feelo or other affiliates or persons acting on behalf of Feelo, any other rights, including without limitation, any related intellectual property rights.
You may not reproduce, archive, modify, distribute, display, publish, perform, license or sublicence, offer for sale or sell, create derivative works from, or use, except as explicitly specified in this Contract, the Website, Application, or any other content or information or any part thereof accessible, contained on or obtained from or through the Services. You also may not use any spider, scraper, robot or any other automated means to access the Services; reverse engineer, decode, emulate, disintegrate, reverse engineer, restore or attempt to restore the source code or protocols of, decompile or disassemble Website, Application, software or any other content or processes or any part thereof accessible, contained on or obtained from or through the Services or perform engineering analysis for
such purposes; insert product, code or manipulate the content of the Services in any way; circumvent, alter, degrade, deactivate, thwart or remove any of the content protections in the Services; or use any data gathering, data mining, or extraction method. In addition, you're prohibited to post, e-mail, send or otherwise transfer any material designed to destroy, interrupt or limit the functionality of any software or hardware or telecommunications equipment associated with the Services, including without limitation, any software viruses or any other computer programs, files or codes.
If you violate this Contract or are engaged in any fraudulent or illegal use of the Services, or otherwise fail to comply with this Section, Feelo may restrict or terminate your use of the Services.
7. WARRANTIES & REPRESENTATIONS. The Services and any content accessible through them are delivered to you on an "as-is" basis and without warranties of any kind, expressed or implied, guarantees or conditions with regard to such use of the Services. You have to understand that use of the Services hereunder is at your sole risk, and that such the Services may not be, in particular, error-free or uninterrupted. You waive all indirect, consequential, and special damages against Feelo as well as you hereby disclaim all warranties and conditions with respect to the Services, either express, implied, or statutory, including without limitation, the implied warranties and/or conditions of satisfactory quality, of accuracy, of noninfringement of third-party rights. These conditions shall not limit or otherwise affect any of your non-waivable rights and warranties under your local laws, if they are applicable.
You represent and warrant that you are at least 17 years old and that all the information relating to your identity and capacity provided to Feelo, including during registration procedure, is accurate, complete and true.
You represent and warrant that you have necessary and sufficient legal capacity and authority to enter into this Contract under applicable law.
You represent and warrant that entry into this Contract does not in any way violate your rights and legitimate interests, as well as does not in any way restrict your legal capacity.
You represent and warrant that entry into this Contract in no way infringes the rights, freedoms and legitimate interests of third parties.
8. FORCE MAJEURE. Neither you nor Feelo shall be liable for non-performance or improper performance of obligations hereunder, should such non-performance or improper performance is the result of force majeure, namely: floods, fires, natural disasters, epidemics, decisions of state bodies, changes in the applicable law and other circumstances recognized as force majeure circumstances arisen beyond your or Feelo's will and control and which you or Feelo could not have foreseen and/or prevented by reasonable measures.
9. ENFORCEMENT. If you violate this Contract and/or any warranty set forth herein or fail to comply herewith in any other way, Feelo may, in its sole discretion, cancel or suspend
your access to and use of the Services or otherwise stop delivering the Services to you, including by closing your registered account or profile within Feelo's system, if any.
10. GOVERNING LAW & DISPUTES. This Contract and the relationship between you and Feelo, without reference to conflict law rules, shall be governed by and construed in accordance with the laws of the USA and the State of Delaware except where otherwise provided by applicable law. The United Nations Convention for the International Sale of Goods shall not apply to this Contract. You and Feelo hereby irrevocably agree to the exclusive jurisdiction and venue of the Delaware courts for all disputes between you and Feelo arising out of this Contract or related thereto.
You may only resolve disputes with Feelo on an individual basis. You undertake not to bring or participate in any class, consolidated, or representative action against Feelo or any of its affiliates or employees.
11. CONTRACT CHANGES & ASSIGNMENT. Feelo is entitled at any time to alter, amend or otherwise modify this Contract and any annexes hereto, including by adding new additional terms and conditions hereto. Such alterations, additional terms and conditions shall be effective immediately and incorporated into this Contract. You hereby undertake to constantly monitor all the alterations and modifications made in the Contract which shall be published by Feelo on the Website or otherwise disclosed to you, including by sending the relevant information to your email address. Your continued use of the Services shall be deemed acceptance thereof.
Feelo at any time may assign or transfer its contract with you, including without limitation, its associated rights and obligations. Feelo does not require any your consent to such an assignment or transfer provided the information about this is duly notified to you as referred to in the first paragraph of this Section. You hereby undertake to assist and cooperate with Feelo in relation to such an assignment or transfer.
12. TERM & TERMINATION
The term of this Contract shall commence on the Effective Date and will remain in effect until terminated under this Contract.
Feelo may terminate this Contract for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other means of communication. Any such termination shall be without prejudice to Feelo's rights, interests, claims, defences or remedies hereunder. If you breach any provision of this Contract, Feelo may also terminate this Contract in any way specified in this Section.
You may terminate this Contract for any or no reason at any time by providing Feelo a notice and closing your account or profile, if any, for all Services for which Feelo provides an account or profile closing mechanism.
Please note, that any notice of termination of this Contract either by you or by Feelo to each other must include a termination date.
Upon termination of this Contract, you'll no longer be entitled to have an access to and use the Services or any content accessible through them.
14. SURVIVAL. If any provision or provisions of this Contract shall be held to be invalid, illegal, or unenforceable, the validityy, legality and enforceability of other provisions hereof shall remain unaffected.
If Feelo provides a translation of the English language version of this Contract, the English language version of this Contract shall control if there is any conflict.
Feelo does not monitor or review the content of third parties' websites and services which are linked to from the Website or Application, nor does Feelo control the availability and content of such websites and services.
This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Contract.
All communications between you and Feelo shall be performed electronically. Feelo may communicate with you by email or by posting notices on the Website or otherwise. All communications, including without limitation, notices, agreements, disclosures that Feelo provides to you electronically, shall satisfy any legal requirement that such communications be in writing and/or signed. All communications and notices made or given subject to this Contract must be in English
FEELO PRIVACY NOTICE
FEELO PRIVACY NOTICE
Effective date: April 1, 2021
OVERVIEW Feelo (hereinafter – “Feelo”, “we”, “our”, “us”) is a service which helps its users to confess their feelings to others. Service is provided according to the Terms of Service and is implemented and provided on different platforms like mobile apps, our website located at http://feelo.com, http://feeloapp.com, http://feelo.app our related social media pages and others. For simplicity we refer to all of these as our “services” in this Privacy Notice.
By using the services, you also agree to our Terms of Service. Please make sure that you read and agree with our Terms of Service if you want to use Feelo.
To provide you with the services and contract with you we need your personal data. Feelo is the data controller of the personal data collected, and is responsible for the processing of your personal data. We respect your privacy and are committed to protecting your personal data, and therefore we collect it according to the applicable law.
This Privacy Notice sets out how we collect, use and protect your personal data that you provide to us or that is otherwise generated or obtained by us, in relation to your use of any our services specified by the Terms of Service. In this document we describe our privacy practices in plain and simple language avoiding any unnecessary legalese.
WHO IS FEELO The company that is responsible for your personal data under this Privacy Notice (the “data controller”) is: Feelo, Inc. 251 Falls Drive Wilmington, New Castle, DE 19808
APPLICABILITY This Privacy Notice applies to personal information collected through our websites, apps and other platforms and services operated by Feelo.
PERSONAL DATA WE COLLECT
Information you give us
When you use our mobile apps, visit our website and related social media pages or use any other our services through these or other platforms, subscribe to our news and updates, we ask you to provide us with, in particular:
your name and username
mobile phone number
date of birth
While using Feelo service you also provide us with an access to your contacts (phone numbers) in your address book, including those of users of our services and your other contacts. If any of your contacts are not yet using our services, we shall manage this information for you in a way that ensures those contacts shall not be identified by us.
Information we receive from others
Aside from the information you provide us directly, we receive information from other users of our services, in particular:
your mobile phone number
HOW WE USE YOUR PERSONAL DATA We try to ensure that you receive and enjoy our services in the best possible way. That’s why the primary reason we use your information is to render and improve our services. Additionally, we use your information to help keep you safe and to provide you with advertising that may be of interest to you. Therefore, we use your personal data and other information provided by or obtained from you for the following purposes:
providing you with our services
sending you letters with our news, updates, interesting offers of advertising nature
providing you with discounts on our services
communicating with you
LEGAL BASIS FOR THE PROCESSING We collect and process your personal data for or on the basis of one or more following legal bases:
Conclusion and performance of a contract. By using our services, you have contracted with us through the Terms of Service, and therefore we have to process certain personal data to execute the contract and comply with it. Please note, that the provision of your data is a necessary requirement to enter into and execute the Terms of Service and therefore - enjoy our services. If you fail to provide us with such the data, you won’t be able to use our services.
Legitimate Interests. We may process your personal data for our legitimate interests, in particular protecting our, our users’ rights, safety and property; detecting and resolving any security concerns or fraud; complying with any applicable law, act, regulation, other regulatory legal act, any inquiry or remedy; enforcing the Terms of Service.
Your explicit consent to the processing. You may choose to give your explicit consent to processing of your personal data by us or a third party for the abovesaid purposes of the processing.
Compliance with other obligations set out by applicable law, governmental or other competent bodies’ requests.
HOW WE STORE YOUR DATA The term of storing and processing your personal data shall depend on the purpose of its processing, as well as on the applicable technology (this applies to cookies). For instance, Feelo will keep and process your personal data related to the provision of our services to you, including based on the Terms of Service, within the period of service provision and/or contract validity.
We will store and process your personal data for marketing (advertising) purposes, for providing you with discounts on our services and products as well as for communication purposes for the period up to 3 (three) years - so that you are always be aware of our news, special offers and updates as well as to be in touch with you.
The servers with your data are hosted by our service provider Amazon Web Services, Inc. This service provider is located in the United States and its affiliated companies – throughout the world. From there, your data may be stored in or accessed from multiple countries, including the United States. Whenever your personal data is transferred to other jurisdictions, we and our service provider will ensure that the data is transferred in accordance with this Privacy Notice and as permitted by applicable data protection laws.
Please note, that we don’t define the terms of keeping and processing your personal data by third parties, as it completely depends on their approved rules.
WHO WE SHARE YOUR DATA WITH To provide you with our services we share your data with some categories of third partis. Such categories of third partis include:
Our service providers. We engage third parties to assist us in operating and enhancing our services. Such third partis help us with hosting and security operations as to your data, delivery our services to you as well as marketing and advertising.
Competent authorities, regulators, law enforcement bodies. Where required or permitted by applicable law we may share your data with competent authorities, regulators and law enforcement bodies.
Other third parties. We can share your data to protect our rights, legitimate interests, property, or safety, and/or that of our users and others.
HOW WE SECURE YOUR DATA To secure and protect your personal data, we use reasonable and appropriate technical, physical and organizational safeguards. Such safeguards are designed to facilitate the security of our systems and protect the confidentiality, integrity, availability and resilience of your personal data. We also engage our service providers to secure and protect your personal data. The above safeguards include:
the encryption of your personal data where appropriate
adoption of measures to ensure your personal data is backed up and remains available in the сase ofa physical or technical incident
regularly testing, assessment, and evaluation of the effectiveness of our safeguards
YOUR CONCENT Your explicit consent is one of the legal bases for processing your personal data. You give your consent in different forms, including by entering into theTerms of Service.
We may ask you for your consent to process your data. For example, we may ask you to share your information with third parties. In any such event, we will make it clear why we want to process your personal data, including by sharing such information with third parties.
If you have given your consent to process your personal data, you’re entitled to withdraw it at any time. Please note that, if the withdrawn consent was given to enter into the Terms of Service, you will not be able to use our services.
YOUR RIGHTS REGARDING YOUR PERSONAL DATA We collect and process your personal data exclusively pursuant to the applicable law. You may exercise your rights provided for by applicable law at any time. You may have, in particular, the following rights.
Your rights under General Data Protection Regulation
If you are on the territory of the European Union or on the territory of such countries as: Iceland, Liechtenstein, Norway, Switzerland, then you have the right to:
withdraw your consent where you have given it
request an access to and rectification or erasure (right to be forgotten) of your personal data
in certain circumstances restrict the processing of your personal data or object to processing it
request data portability
receive information on the retention term of your personal data or the criteria by which such a term can be determined
receive information about the source from which your personal data originates, and if applicable, whether it came from publicly accessible sources (if personal data was not received from you)
lodge a complaint with a competent supervisory authority on the territory you’re located in
not be subject to a decision based solely on automated processing, including profiling, unless it’s necessary for entering into or performance of the Terms of Service to which you’re subject
Your rights under Nevada Revised Statues Chapter 603A
If you are on the territory of the state of Nevada, then you have the right to:
opt-out from the sale of personal information that we’ve collected.
If you don’t want to transfer any your personal information we have collected to third parties from Feelo, you can fill out Nevada Opt-Out Right Form.
To get more details about your rights, please make aware of the official text of the Senate Bill 220.
WHAT ARE COOKIES Cookies is a small piece of data that is sent from our website (or from another domain) and is saved by a web browser on your computer, mobile phone, or another portable device. Cookies can be placed, read, and/or written to by our services, or other websites or services that recognize a particular cookie, which allows the website to «remember» or «recognize» a particular browser or device and, in some cases, store information about that browser or device.
PURPOSES OF COOKIES Cookies help you to make better use of our services, and also help us to better understand you, in particular learn about your preferences and offer you personalized services and goods. Most of web browsers automatically accept cookies, however you can change these settings. A more detailed description of how to do this can be found on the Internet by going to the website of the developer of your browser. Unfortunately, if you disable cookies, the functionality of many websites will not be accessible.
WHAT COOKIES WE USE Like many other websites, we use the following types of cookies:
Analytics and performance
THIRD-PARTY COOKIES We provide an opportunity for other organizations through our website to post cookies on your device, so that third parties can receive information about your preferences. This is called “third-party cookies”. In simple terms third-party cookies are those created and placed by parties (third parties) other than the owner of the website you’re visiting. Such personal data is processed in accordance with the processing rules for such third parties.
To learn more about Google Analytics and to learn how to opt out of tracking of analytics by Google click here. You can find a full list of cookies, the terms of its storage, by whom it is installed and for what purpose, here.
MANAGING COOKIES You can manage the cookies stored on your device, or turn them off completely, through your browser settings. Please note, that such actions may affect your browsing experience or even prevent you from using our services. All contemporary browsers will let you change your cookie settings to give you full control over whether cookies can be set or not. To learn more, please visit the help chapter of the browser you use.
CHILDREN’S PERSONAL DATA Our services are designed only for users who are 17 years or older. Anyone under 17 is not permitted to use the services and we do notpurposely collect personal data from children under 17. By using the services, you represent that you are 17 years or older.
LINKS TO OTHER WEBSITES On our website we can post links to other websites, in particular to our pages on social networks. In this case, we do not establish the rules for processing your personal data, which can be collected on such websites or social networks, and we cannot be responsible for such processing. For more detailed information you can make aware of the privacy rules of the respective websites and social networks.
CONTACT DETAILS If you have any questions regarding the processing of your personal data or you wish to delete your data from the mailing list or other databases, or you want to communicate personal data breach to us, you can contact us at any time on any of the contacts listed below:
Feelo, Inc. Tel. +13028035844 Email: email@example.com Address: 251 Falls Drive, Wilmington, New Castle, DE 19808
In addition, we have appointed a data protection officer (“DPO”) who is responsible for, in particular, responding to questions, requests, and concerns in relation to our Privacy Notice and use of your personal data. You may contact the DPO as follows:
Data Protection Officer: Oleksii Vasylenko Tel. +13028035844 Email: firstname.lastname@example.org