Terms of Use Agreement
Effective Date: 01/07/2023

Cancellation for India Subscribers:
If you are in India, you can cancel your subscription without any penalty or obligation within three business days from the date of subscription. For subscriptions made through External Services like Apple ID or Google Play, cancellation must be done through your External Service account. If you subscribed through Apple ID, refunds are handled by Apple.
Refunds for Other Users:
For all other users, you can request a refund by contacting MatchKro Customer Service at hello@MatchKro.co. You can also cancel the agreement by sending a signed and dated notice that states your intent to cancel, along with your account details.
Summary:
This agreement outlines the terms of use for MatchKro. If you're in India, you have a short window to cancel without penalties. Refund processes differ for different types of subscriptions.
Please Note:
The summaries provided are for convenience and do not replace the actual content of each section. It's important to read the full agreement for complete understanding.

1. INTRODUCTION

By using MatchKro's Services, you are agreeing to be bound by this Terms of Use Agreement (referred to as "Terms" or "Agreement"), which includes our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice. It's important to carefully read this Agreement and the associated policies before creating an account. Please review the Dispute Resolution provisions carefully, as they outline how claims will be addressed between you and MatchKro. These provisions include a pre-arbitration informal dispute resolution process, an arbitration agreement, a small claims court election, a class action waiver, additional procedures for mass arbitration filings, and a jury trial waiver that impact your rights. Arbitration generally involves less discovery and appellate review compared to court proceedings.
The Terms may be updated periodically, so be sure to check this page regularly for any updates. In this Agreement, terms like "MatchKro," "us," "we," "Company," and "our" refer to MatchKro, Inc. “You" and "MatchKro" collectively are referred to as the "Parties" or individually as "Party." By using our Services on www.MatchKro.com (the "Website"), the MatchKro mobile application (the "App"), or any other platforms or services MatchKro provides (collectively referred to as the "Service" or "Services"), you are agreeing to and bound by this Agreement. This Agreement applies to all users, regardless of registration or subscription status.
Your use of our Services is also subject to the Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, as well as any Additional Terms Upon Purchase that you agree to when purchasing additional features, products, or services from MatchKro. These are incorporated into this Agreement by reference. If you do not want to be bound by this Agreement, refrain from accessing or using our Services.
We retain the right to modify, amend, or change the Terms at any time. Notice of any significant changes will be posted on this page, along with an updated effective date. We may also inform you of changes via email or other methods, but it's your responsibility to regularly check this page for updates. Continuing to access or use our Services implies ongoing consent to any changes, and you will be legally bound by the updated Terms. If you disagree with a change, you must immediately cease accessing or using our Services.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

This section outlines the eligibility criteria for using MatchKro's services and your responsibilities as a user:

Eligibility:
To use MatchKro's services, you must meet the following criteria:
Your Responsibilities:
You agree to:
You agree not to:
Prohibited Content:
MatchKro prohibits sharing content that is:
Sharing prohibited content may lead to immediate account suspension or termination.

3. CONTENT

This section explains your rights and responsibilities regarding content on MatchKro's Services:

Your Content (3a)::
Member Content (3b):
Our Content (3c):

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

This section outlines MatchKro's stance on inappropriate content and behavior:

5. PRIVACY

Privacy is a priority at MatchKro:

6. RIGHTS YOU ARE GRANTED BY MatchKro

You have right to use MatchKro's Services:

7. RIGHTS YOU GRANT MatchKro

You own your content but grant us certain rights:

8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

When you make purchases on MatchKro, here's what you need to know:

Please refer to the terms provided in your specific jurisdiction or the platform you used to subscribe for more detailed refund information.

9. ACCOUNT TERMINATION

If you decide to stop using MatchKro or if we terminate your account, here's what you should know:

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

MatchKro does not perform criminal background or identity verification checks on its users. It's important to use your best judgment when interacting with others and follow our Safety Tips.

11. DISCLAIMER

MATCHKRO'S SERVICES ARE PROVIDED "AS IS" AND WE DO NOT MAKE, AND CANNOT MAKE, ANY REPRESENTATIONS ABOUT THE CONTENT OR FEATURES OF OUR SERVICES. MATCHKRO PROVIDES OUR SERVICES 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 CONCERNING OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MATCHKRO DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, MATCHKRO MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. MATCHKRO ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES MATCHKRO ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH MATCHKRO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. MATCHKRO IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITED, DAMAGE FROM ANY SECURITY BREACH OR ANY VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

12. ADS AND THIRD-PARTY CONTENT

Our App includes ads, as is common in subscription-based services. You may encounter advertisements and promotions from third parties, as well as links to external websites or resources. Additionally, non-commercial links or references to third parties may be present in our content. Please note that MatchKro does not control the availability of external websites or resources, nor does it endorse their content, products, or services. When interacting with third parties through our Services, their terms will govern your relationship with them, and MatchKro is not responsible for or liable for their terms or actions.

13. LIMITATION OF LIABILITY

MatchKro's liability is subject to legal limitations.
To the maximum extent permitted by applicable law, MatchKro, its affiliates, employees, licensors, and service providers shall not be liable for indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses. This includes damages incurred directly or indirectly due to (i) your access to or use of the Services, (ii) the behavior or content of users or third parties in connection with the Services, or (iii) unauthorized access, use, or alteration of your content, even if MatchKro was advised of the possibility of such damages. To the fullest extent permitted by applicable law, MatchKro's aggregate liability to you for all claims related to the Services shall not exceed the amount you paid, if any, to MatchKro for the Services during the twenty-four (24) months preceding your first legal action against MatchKro.
The limitations of liability stated above apply irrespective of the grounds for liability (whether default, contract, tort, statute, or otherwise), the type of breach, and the events or circumstances giving rise to the claim. These limitations shall apply even if your remedies under this agreement do not achieve their intended purpose. It's important to note that these limitations of liability might not apply to you if your jurisdiction's laws do not allow the exclusion or limitation of certain damages.
Please refer to the full terms and conditions for more detailed information.

14. GOVERNING LAW

Indian law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law). To the fullest extent allowable by law, the laws of India, without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. For users residing in India, this choice of Indian governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted this Agreement. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.

15. VENUE/FORUM SELECTION

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in the appropriate jurisdiction in India (except for claims filed in small claims court, or for users residing in a jurisdiction where prohibited by law). Except where prohibited by law, any claims arising out of or relating to this Agreement, our Services, or your relationship with MatchKro that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the appropriate federal or state courts in India. You and MatchKro consent to the exercise of personal jurisdiction of courts in India and waive any claim that such courts constitute an inconvenient forum.

16. INDEMNITY BY YOU

You agree to indemnify MatchKro if a claim is made against MatchKro due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless MatchKro, 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 our Services, your Content, your conduct toward other users, or your breach of this Agreement.

17. ACCEPTANCE OF TERMS

By utilizing our Services, you acknowledge your acceptance of the terms outlined in this Agreement. Whether you access our Services via a mobile device, mobile application, or computer, you hereby consent to the following: (i) adherence to these Terms, which may undergo modifications periodically, (ii) compliance with our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, and (iii) agreement to any Additional Terms Upon Purchase. Should you decline or fail to accept all the terms within this Agreement, you are not authorized to use our Services. It is understood that any pronouns or variations used herein shall apply to the masculine, feminine, neuter, singular, or plural forms as context demands.

18. ENTIRE AGREEMENT

This Agreement prevails over any prior agreements or presentations. The comprehensive understanding between you and MatchKro concerning the utilization of our Services is encapsulated within these Terms, inclusive of the Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, as well as any Additional Terms Upon Purchase. These Terms render null and void all preceding agreements, representations, and arrangements between us, regardless of whether they were written or verbal. In the event that any provision within these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain fully effective. The omission of MatchKro to enforce any right or provision stipulated within these Terms does not equate to a waiver of said right or provision. You acknowledge that your MatchKro account is non-transferable, and your entitlements to your account and its content terminate upon your demise unless legal provisions dictate otherwise. While rights and licenses granted herein cannot be transferred or assigned by you, they may be transferred by us without limitations. These Terms do not establish an agency, partnership, joint venture, fiduciary relationship, employment arrangement, or any distinct association, and you are not authorized to represent or bind MatchKro in any capacity.

19. SPECIAL STATE TERMS

Specific terms are applicable to residents of certain states in India. Please note the following provisions if you are residing in the states of Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, or West Bengal:
For subscribers residing in India: Your Right to Cancel—In accordance with local laws, you may cancel your subscription without incurring any penalty or obligation. You can do so at any time up until midnight of the third business day following your subscription date. In the unfortunate event of your demise during your subscription period, your estate will be eligible for a refund of the unused portion of your subscription fee, corresponding to the period after your passing. Similarly, if you become incapacitated (to the extent that you're unable to use our Services) before your subscription ends, you are entitled to a refund for the unused portion of your subscription fee for the period after your incapacity. To initiate any refund requests or cancellations, please follow the same process as outlined in Section 8 above.
Please ensure you understand and abide by these specific terms if you reside in any of the mentioned states.