TERMS OF USE

This Terms of Use has been updated on february 21, 2024
 

INTRODUCTION

Welcome to Lynq, operated by 3LLD Ltd (registered address: Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, Larnaca, Cyprus, 6031, registration number: НЕ 451313) for the Users all over the world. As used in this Agreement, the terms “Lynq”, “us”, “we”, the “Company”, and “our” shall refer to Lynq and/or 3LLD Ltd, as appropriate. Together you and Lynq may be referred to as the “Parties” or separately as “Party”.

Lynq is an online platform where Users can set up a dating profile, browse and view other profiles, as well as interact with other people.

By accessing or using Lynq Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy and Community Guidelines so it is important that you read this Agreement and these policies and procedures carefully before you create an Account.

By accessing or using our Services on the Lynq Application link to the App (hereinafter referred to as the “App”) you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

DEFINITIONS AND KEY TERMS

Any reference in these Terms to “day” will be a calendar day.

The words “include” and “including” mean “including but not limited to”.

“Account” means an account with us for the access and use of the Services, subject to terms of the Agreements as may be applicable.

“Account Settings” means those portions of the App that are only accessible to Users for administration of the User account.

“Affiliate” means any individual, corporation, association, or other entity that directly or indirectly controls, is controlled by, or is under common control with the party in question. As used in this Agreement, the term “Control” (including the terms “controlling” and “controlled by” and “under common control with”) means either: (i) the actual power to direct or cause the direction of the management and policies of the other party, (ii) employing the other party; or (iii) ownership of more than 50% of the voting interests of the other party.

“Application” or “Applications” means any web, mobile, or other application(s) that are created for the Services, including any source code written by or for us to be used with the Services.

“Content” means, unless the context requires otherwise, data, text, files, audio, video, images, and/or other content.

“External Service” means other Services that Lynq does not provide.

“Intellectual Property Rights” means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights.

“Member Content” means Content of other Users of Lynq`s Services. 

“Services” means a set of services, paid or not, offered by Lynq to promote new acquaintances between Users who have crossed paths and are of mutual interest, according to the selected search criteria.

“Suggestions” means all suggested improvements to or feedback regarding the App and/or Service that you provide to us.

“Third Party Content” means Content made available to you by any third party for or in conjunction with the Services.

“User” individual who is at least 18 years old and registered on the Application.

“Your Content” means Content you or another User inputs, adds, edits, or uploads to the Services under your Account or otherwise transfer, process, use, or store in connection with your Account.

ACCOUNT ELIGIBILITY AND YOUR RESPONSIBILITIES

3.1.Before you create an Account on Lynq, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Lynq.

3.2.You agree to:

comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

use the latest version of the App;

treat other Users in a courteous and respectful manner, both on and off our Services;

be respectful when communicating with any of our customer care representatives or other employees;

maintain a strong password and take reasonable measures to protect the security of your login information;

present yourself respectfully and authentically by adding at least one photo that shows your face.

3.3.You agree that you will not:

misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

use the Services in a way that damages the Services or prevents their use by other Users;

use our Services in a way to interfere with, disrupt, or negatively affect the Application, the servers, or our Services’ networks;

use our Services for any harmful, illegal, or nefarious purpose;

harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person;

post or share Prohibited Content;

infringe our Community Guidelines;

solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users, or disseminate another person’s personal information without his or her permission;

solicit money or other items of value from another User, whether as a gift, loan, or form of compensation;

use another User’s account;

use our Services in relation to fraud, a pyramid scheme, or other similar practices; or

disclose private or proprietary information that you do not have the right to disclose;

copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, Content or proprietary information accessible through our Services without  Lynq’s prior written consent;

express or imply that any statements you make are endorsed by Lynq;

upload viruses or other malicious code or otherwise to harm Lynq;

forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

“frame” or “mirror” any part of our Services without Lynq’s prior written authorization;

use meta tags or code or other devices containing any reference to Lynq or the platform (or any trademark, trade name, service mark, logo, or slogan of Lynq) to direct any person to any other website for any purpose;

modify, adapt, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Services, or cause others to do so;

use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

use, access, or publish the Lynq Application programming interface without our written consent;

probe, scan, or test the vulnerability of our Services or any system or network;

encourage, promote, or agree to engage in any activity that violates these Terms; or

create a new Account after we suspend or terminate your Account unless you receive our express permission.

3.4.You are not authorized to create an Account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

you are at least 18 years old;

you are legally qualified to enter a binding contract with Lynq;

you are not prohibited by law from using our Services;

you have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other Users of our Services;

you are not required to register as a sex offender with any country;

you do not have more than one Account on our Services; and

you have not previously been removed from our Services or our Affiliates’ Services by us or our Affiliates unless you have our express written permission to create a new Account;

3.5.If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your Account, we retain the right to remove your access to our Services without warning.

REGISTRATION

4.1.The usage of Lynq’s Services is essentially available for everyone. A User registers on Lynq by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the Account becomes active. The User is obligated to promptly inform Lynq of any changes to their Account information.

4.2.Account registration on Lynq is possible through:

email account;

Google account;

Apple ID;

Facebook account.

4.3.The User can delete the Account at any time in the setting of the personal Account.

4.4.Lynq reserves the right to remove a User’s profile and/or its Content under certain circumstances. This applies when the Content submitted goes against this Agreement, violates laws and local authority regulations, contravenes good intentions, morals, and customs, or when Lynq is used for unsuitable purposes or/and violates the rights of other Users or third parties. 

4.5.Lynq reserves the right to delete the Accounts of non-registered Users as well as registered Users whose Account(s) has/have been inactive for the past 6 months. 

CONTENT

5.1.You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

5.2.You represent and warrant to us that the information you provide to us or any other User is accurate, including any information submitted through other third-party sources (if applicable), and that you will update your Account information as necessary to ensure its accuracy.

5.3.The Content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card, or other banking details). If you choose to reveal any personal information about yourself to other Users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

5.4.Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other Users, and, notwithstanding these Terms, other Users may share Your Content with third parties.

5.5.You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand that we have no obligation to display or review Your Content.

5.6.Other Users will also share Content on our Services. Member Content belongs to the User who posted the Content and is stored on our servers and displayed at the direction of that User.

5.7.You do not have any rights in relation to Member Content, and, unless expressly authorized by Lynq, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing Users to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse Member Content.

5.8.Prohibited Content. Lynq prohibits uploading or sharing Content that:

5.8.1.could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm, or annoy any other person;

5.8.2.is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;

5.8.3.is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred, or bigotry;

5.8.4.encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;

5.8.5.is defamatory, libelous, or untrue;

5.8.6.relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for Services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

5.8.7.involves the transmission of “junk” mail or “spam”;

5.8.8.contains any spyware, adware, viruses, corrupt files, worm programs, 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 whether from Lynq or otherwise;

5.8.9.infringes upon any third party’s rights (including, without limitation, Intellectual Property Rights and privacy rights);

5.8.10.was not written by you or was automatically generated, unless expressly authorized by Lynq;

5.8.11.includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;

5.8.12.is inconsistent with the intended use of the Services; or

5.8.13.may harm the reputation of Lynq or its Affiliates.

SERVICE PURCHASES AND SUBSCRIPTIONS

6.1.You automatically get access to the free version of the Services after registration in our Application.

6.2.The free version of the App allows the User to:

6.2.1.view unlimited profiles of other Users;

6.2.2.see the number of messages received from other Users;

6.2.3.view  information of other Users, such as:

6.2.3.1.full name (name and surname);

6.2.3.2. age;

6.2.3.3.gender;

6.2.3.4.geolocation;

6.2.3.5.family status;

6.2.3.6.interests;

6.2.3.7.lifestyles;

6.2.3.8.purpose of dating;

6.2.3.9.photos.

6.3.In order to access additional Services, you must be subscribed to Lynq.

6.4.In addition to access to the Services provided automatically after registration and for free according to the clause 6.2 of this Terms, you may also buy a subscription that allows you to:

6.4.1. respond to other Users' messages;

6.4.2. receive information about the compatibility of zodiac signs;

6.4.3.receive predictions;

6.4.4.get detailed information about another User's zodiac sign;

6.4.5.view photos of users who liked you or have a match with you.

6.5. Lynq proposes several types of subscriptions such as:

6.5.1.7-day subscription - 7.99$;

6.5.2.30-day  subscription - 16.99$;

6.5.3.90-day  subscription - 59.99$.

6.6.You can subscribe to Lynq which may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service account”), and your External Service account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

6.7.If your External Service Purchase includes an automatically renewing subscription, your External Service account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

6.8.How to cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device.

6.8.1.Users can cancel the subscription 72 hours before the end of the term of the current subscription. The current subscription is automatically renewed for the price and time period you agreed to when subscribing if it is not canceled within this period.

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

6.9.1.For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins (“Refund Period”). Please note that this 14-day period commences when the subscription starts, except in cases  set forth in this document.

6.9.2.As a rule, in the case of purchasing a 7-day subscription, the Refund Period is 3 days. 

6.9.3.For interruptions in the operation of the Service that lasted more than 24 hours and due to which the Users who have a paid subscription were unable to access the Application, the Lynq provides one additional free day to the already existing subscription for the second and each next consecutive day of such interruptions.

6.10.How to request a refund: 

6.10.1.If you made a purchase using your Apple ID, refunds are handled by Apple, not Lynq. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction, and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

6.10.2.If you made a purchase using your Google Play Store account: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

6.10.3.If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

6.11.Pricing: Lynq operates a global business, and our pricing varies by a number of factors, which can vary based on region, length of subscription, bundle size, and more. 

TERMINATION

If you no longer wish to use our Services, or if we terminate your Account for any reason, here’s what you need to know.

You can delete the Account at any time in the setting of the personal Account.

7.1 Lynq reserves the right to investigate and, if appropriate, suspend or terminate your Account without a refund if Lynq believes that you have violated these Terms, misused our Services, or behaved in a way that Lynq regards as inappropriate or unlawful, on or off our Services. 

7.2 If your Account is terminated by you or by Lynq for any reason, these Terms continue and remain enforceable between you and Lynq, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

8.1.Our Proprietary Rights. Except as expressly set forth herein, nothing in these Terms grants you and Users any rights, implied or otherwise, to any of our Intellectual Property Rights or the Services, and you hereby disclaim any interest. As between you and us, we or our Affiliates own and reserve all rights, titles, and interests in and to the Services and our Content.

8.2.Your Proprietary Rights. As between you and us, you own all rights, titles, and interests in and to Your Content, and except as expressly set forth herein, nothing in these Terms grants us any rights, implied or otherwise, to Your Content.

8.3.Third-Party Requests. We may disclose Your Content to comply with any request from a controlling government entity or a regulatory body (including law enforcement, subpoenas, or court orders).

8.4.Feedback and Suggestions. If you provide any Suggestions to us or any of our Affiliates, even if you designate the information as confidential, we and our Affiliates may use the information without restriction, and you irrevocably assign to us all rights, title, and interests in and to the Suggestions.

DISCLAIMER

9.1.LYNQ PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LYNQ DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

9.2.LYNQ TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

LIMITATION OF LIABILITY

10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LYNQ, ITS AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF LYNQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LYNQ’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO LYNQ FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.

10.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

11.1.Governing Law. These Terms, including related issues, and any dispute of any sort that might arise between you and us regarding or stemming from these Terms are governed by the laws of Cyprus.

11.2.Precondition. You agree that as a condition for you to bring any legal claim against us (regardless of whether brought as a complaint or a counterclaim) relating in any way to these Terms or the Services, you must have provided us a default notice within 60 days that you first knew of (or with reasonable inquiry, could have discovered) the act or omission that gave rise to your claim.

11.3.Time Limitation. Any claim against us must be filed within 1 year that you first knew of (or with reasonable inquiry, could have discovered) the act or omission that gave rise to your claim.

11.4.Class Action Waiver. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

MISCELLANEOUS

12.1.No Exclusivity. We are free to offer the Services to other Users. Nothing in these Terms shall be interpreted to create any type of exclusivity for your use or access to the Services.

12.2.Language. All communications and notices to be made or given pursuant to these Terms must be in the English language. If we provide a translation of the English language version of these Terms or any notice, the English language version will control if there is any conflict.

12.3.Force Majeure. We and our Affiliates will not be liable for any failure or delay in performance of any obligation under these Terms where the failure or delay results from circumstances beyond our reasonable control, including acts of God, fire, explosion, earthquake, flood, storms or other elements of nature, blockages, pandemics, embargoes, riots, acts of civil or military authority, war, terrorism (including cyber-terrorism), labor disputes, strikes, acts or omissions of internet traffic carriers, internet service disruptions; utility failures, systemic electrical, telecommunications or other industrial disturbances, or actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services) (each an “Uncontrollable Event”).

12.4.Violations. If we reasonably believe that any of Your Content and/or Third Party Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates the terms of the Agreement (“Prohibited Content”), we may disable access to or remove the Prohibited Content from the Services to comply with the Cyprus law or any judicial, regulatory or other government order or request. In the event that we disable access to or remove Prohibited Content without prior notice, we will provide prompt notice to you unless prohibited by law.

12.5.No Waiver. Neither you nor we will be deemed to have waived any rights by not exercising (or delaying the exercising) any rights provided under these Terms. All waivers by us must be in writing to be effective.

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

12.7.Support. If You have any questions regarding the Terms of Services please contact Us via email at [email protected].