The Terms and Conditions (this “Agreement”) is between you and LOVELAB LIMITED (the “Company”, “us”, “our”, or “we”) on our mobile application EVOL available on Android and iOS devices (each, our “App”). By downloading and using our application and services (collectively, the “Services”), you are granted license to use our App and these terms, including the Privacy Policy, will automatically apply to you.  You should therefore make sure that you read them carefully and agree to them before using the App.

 

You are not allowed to copy or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App. You should not try to translate the App into other languages or make derivative versions. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to LOVELAB LIMITED, a company registered in Hong Kong (Company number 3036634).

 

If you do not agree to be bound by this Agreement, you cannot proceed to use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.

 

User Eligibility

• Minimum Age. You must be at least 18 years old (or older if your jurisdiction requires for the age of majority), to create an Account and use the Services. By registering an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater).

• Availability for Relationship. By registering an Account and/or using the Services, you represent and warrant that you are willing to and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner (“Unattached”).

• Completion of Profile Set-up. You are required to register an Account and complete the Profile Survey to access our Services. It includes but is not limited to demographic, personality and values related questions, where its analysis will be shown to third-parties on your profile. We will not be able to provide the Services to users who have not completed the Profile Survey at registration. Some of the response of the Profile Survey can NOT be edited once submitted. If you encounter any technical difficulty or require support for necessary changes, you may contact us via support@evoltheapp.com.

 

Use of the Services

As a registered user of any of the Services, you agree to the following:

• Registering an Account on EVOL. You must register an account with us (an “Account”) by providing your phone number, or by logging in with your Facebook, Google account or Apple ID. If you choose to create an Account by logging in with Facebook, Google account or Apple ID, you authorise us to access and use certain information from your Facebook, Google or Apple account, including but not limited to your public Facebook profile photographs and personal information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

• Access by other Users and third parties. Any materials posted in the App by Users and/or any User Content, as defined below, may be viewed and accessed by other Users and by third parties.  We shall not be responsible for any improper use by any User or third party of any data or materials posted on our App.

• No false information. By registering an Account and/or using the Services, you represent and warrant that all information you provide are true and accurate that are referring to your actual self.  You shall not provide inaccurate, misleading or false information to EVOL or to any other Users. If information provided to EVOL or another User(s) subsequently changes or becomes inaccurate, misleading or false, you will promptly notify us and/or any recipient of that piece of information for the update.

• No contact information in your profile. You shall not post or include any contact information in your profile, including but not limited to your phone number, address and email address.

• Responsible for content you submit. You are solely responsible for, and assume all liability regarding any information and content you provide and upload when using the Services, including but not limited to text, images and video in your profile and your communications with other Users (“User Content”).

• Exclusive personal use. Your Account shall be for your personal, non-commercial use only. You shall only access and use your Account in accordance with this Agreement and for your personal use to seek and communicate with potential dating partners (“Personal Use”). You shall not authorise others to access or use your Account. Your Account shall not be transferred to another person or entity. If you need help on the use of your Account, you may contact us at support@evoltheapp.com.

• Unauthorised use.  You acknowledge that we are not responsible for third-party access to your Account due to hacking, theft or misappropriation of your usernames and passwords. You should notify us immediately of any disclosure or unauthorised use of your login credentials at support@evoltheapp.com.

• Comply with laws. You will comply with all application laws and regulations in Hong Kong and/or in all applicable jurisdiction when using our Services.

• Access in Hong Kong. You agree you shall only use the Services in Hong Kong.  While our Services can still technically be accessed outside of Hong Kong, using the Service may be prohibited or restricted in certain countries. You are responsible for determining whether the use of the Services is legal in your applicable jurisdiction. If you use the Service from outside of Hong Kong, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services and we accept no liabilities.

 

General Restrictions and Prohibitions

Without prejudice to any other restrictions and prohibitions in this Agreement, you shall NOT do any of the following:

• Post, upload, or transmit any User Content that:

  • is threatening, offensive, deceptive, inappropriate, or promotes discrimination, hatred, harassment or harm against any individual or group;

  • promotes violence or actions that are threatening to any person or entity; pornographic or contains nudity or graphic or gratuitous violence;

  • uses explicit language or any information (particularly confidential and non-public information) about any third party without consent;

  • infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy;

  • contains any type of unauthorised or unsolicited advertising or commercial communications (including but not limited to spam or multi-level marketing);

  • includes fake information or impersonates any person or entity;

  • promotes illegal or harmful activities or substances;

  • violates any applicable law or regulation or would give rise to civil liability;

• Collect User Content or any other information, be it personally-identifiable or not or otherwise access the Services, using automated means (including but not limited to harvesting bots, robots, spiders, scrapers, or other means);

• Use the Services for the benefit of any party except for your own Personal use;

• Use the Services for commercial purpose or advertise any product or service, including but not limited to any engagement in multi-level marketing or “pyramid schemes” on the Services;

• Harm the rights of any User:

  • Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Bully, intimidate, threaten or harass any User;

• Violate the rights of EVOL or our Services:

  • Use, display, mirror or frame the Services or any individual element within the Services, our name, any EVOL trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;

  • Use any meta tags or other hidden text or metadata utilising our trademarks, logos, URLs or product names without our official written consent

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services

  • Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, using a program that interferes with other Services functionality; and

• Commit anything in breach of any applicable laws and regulations, including but not limited to infringing Privacy of any user;

• In any way use the Services to send or spread altered, deceptive, illegal or false source-identifying information and messages; and

• Encourage or enable any other individual to do any of the foregoing.

 

Proprietary Rights

Ownership of Proprietary Information. You hereby acknowledge and agree that LOVELAB LIMITED is the owner or licensee of all proprietary information which are highly valuable accessible on or through the Services, including without limitation, the compatibility matching algorithm, compatibility profiles, and our Profile Survey (collectively, "Confidential Information"). LOVELAB LIMITED owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.

 

No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

 

Other Users' Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any EVOL or third-party proprietary information available via the Services.

 

License to Posted or Accessed Content. By posting information or content to your profile or making it accessible to us by linking your Account to any of your social network accounts (e.g. via Register with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to EVOL and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, and to grant and authorise sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights in connection with the additional terms and conditions (if any) of such features or programs.

 

Changes and Termination of our Services

We are committed to ensuring that the App is as useful and efficient as possible and thus our Services are evolving over time.  Accordingly, we reserve the right to make changes to the App, to discontinue all or any part of the Services, or to charge for its Services, at any time and without notice, at our sole and absolute discretion.

 

We will never charge you for the App or its Services without first making it clear to you exactly what you are paying for.

 

Pricing (apply when applicable)

EVOL may offer products and services for purchase on the App (“In-App Purchase”). When applicable, you may have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such In-App Purchase. In-App Purchase may include but not limited to detailed individual report, profile boosting, additional matches, or other services.

All prices listed for the In-App Purchase are offered in the displayed currency which exclude applicable taxes and duties. When you make an In-App Purchase, you authorize us (or our third-party payment processor) to charge you for such In-App Purchase. You will be asked to supply additional information relevant to your In-App Purchase, including but not limited to your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that all Payment Information you provide to us is accurate, complete and current. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your In-App Purchase and to charge your payment method for the In-App Purchase you have selected (plus any applicable taxes and other charges). Depending on the payment method, you may need to provide additional information to verify your identity before completing your In-App Purchase.

 

One-Time Payment. There are some features in the App that you may purchase tokens to redeem. Once you have confirmed with a token package, you will be charged immediately with the corresponding price as a one-time payment.   

 

Subscriptions. If you purchase a Premium Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter, for the period of which is communicated to you for your Subscription plan. If you purchase a Subscription, unless you cancel your subscription before the end of your current Subscription period, your subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you on the commencement of each renewed Subscription period, using the Payment Information you have provided. Your subscription will continue to automatically renew until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.

 

Cancelling One-Time Payment or Subscription. Your purchase is final and you will not be able to cancel your purchase and/or receive a refund of any One-Time Payment or Subscription Fee at any time. If something unexpected happens in the course of completing an In-App Purchase, we reserve the right to cancel your In-App Purchase for any reason, and will refund any payment you have already remitted to us for such cancelled In-App Purchase. Without limiting the foregoing, you may cancel your Subscription at any time, but any cancellation will only be effective at the end of the then-current Subscription period. Except as set forth above, you will not receive a refund of any portion of any subscription fee paid for any subscription period at the time of cancellation. You will be responsible for all Subscription Fee (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then-current subscription period and then terminate without further charges.

 

Renewal after free trial. If you sign up for a free trial of a selected Subscription and do not cancel before a defined period of time, you will be charged with your Payment Method at the then-current price for such Subscription. Once the free trial period is over and converts to the paid Subscription, the Subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged until you cancel.

 

Modifications to the Services and Prices. Prices for our Services are subject to changes without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

Personal data and Privacy Policy

EVOL stores and processes personal data that you have provided to us, to provide our Services.  Please refer to our Privacy Policy.

 

Reminder

It is your own duty to ensure data security and proper function of your mobile phone.  EVOL accepts no liability for below reminders.  You should exercise your own diligence and cautions.

 

It is your responsibility to keep your phone and access to the app secure.  It is recommended that you do not jailbreak or root [1] your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the EVOL will not work properly or at all.

 

Certain functions of the App will require the App to have an active internet connection.  The connection can be Wi-Fi or provided by your mobile network provider.  If you are using the app outside of an area with Wi-Fi, the agreement with your mobile network provider if any may still apply and as a result you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App.  There may be other third-party charges.

 

You take and accept all responsibilities for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming.  If you are not the bill payer for the device on which you are using the app, you shall have received permission from the bill payer for using the app.

 

We take no responsibility for the App not working at full functionality due to whatever circumstances including but not limited to no access to Wi-Fi, insufficient mobile data allowance, your devices running out of battery or otherwise.

 

Third-party services providers

EVOL uses third-party services and you accept their Terms and Conditions.  Links to the Terms and Conditions of third-party service providers used by the application are listed as follows:- [BK2] 

• Google Play Services

• Google Analytics for Firebase

• Firebase Crashlytics

• Facebook

• One Signal

 

Access to external contents

The App may contain links to third-party websites, products or services. They are not in any way an endorsement by us of the contents of the third parties. If any User accesses any linked third-party website, they do so entirely at their own risk. We are not responsible for the content of any third-party and do not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites.

 

 

Risk Assumption and Precautions

You assume all risks when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information and contact information, communicating with other Users, and meeting other Users in person or otherwise. You understand that we do not conduct background checks, or verify the identity, profile pictures, or any other User Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.

 

You should exercise your own diligence and caution in using the Services and communicating with its Users.

 

No Guarantees and No Liability

You understand that EVOL makes no guarantee you any matches, makes no guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. 

 

The Services and the information provided therein are provided on an “AS IS” basis without warranties of any kind, express or implied, to the fullest extent permitted by law. We disclaim all warranties, whether express or implied, including any warranties of merchantability, availability of featured products or services, fitness for particular purpose and non-infringement.

 

You understand that EVOL makes no guarantees and accepts no liability about the Services, either explicit or implied, including your compatibility with any other User you meet through the Services or as to the conduct of such individuals.  You understand EVOL to the extent permitted by law accepts no liability whether in common law or otherwise to the analysis result based on your answers to the Profile Survey. 

 

To the extent permitted by law, we take no responsibility whatsoever for our Services and the materials on the App including but not limited to the User Content of other Users, or any information, analysis, advice, feedback or comment accessed on the App (for avoidance of doubts, any advice and/or  suggestions available in our Services are general information and shall not be taken as advices from any professionals and/or shall not be relied on).   Users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, and/or material submitted by them to us or that is otherwise posted by them on or through the App.  We do not warrant that the App is or will be at any time error-free, that the App and its server is or will be at any time free of viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the App will be uninterrupted, timely or secure.

 

In no event shall we assume responsibility or be liable (to the extent permitted by law) for any damages or injury whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the App, whether for breach of contract, illegal behaviour, negligence or, under any other cause of action resulting directly or indirectly from any use of the Services, or any uploading, downloading or publication of data, text, image or other material or information to or from the App and whether or not we are advised of the possibility of such damages.

 

If your use of the App or the materials results in the need for servicing or replacing equipment or data, we are not responsible for those costs.  All users use the App and any other websites accessed through it, at entirely their own risk.  All users shall be responsible for their own communications and are responsible for the consequences of their posting. We reserve the right to expel any User and prevent their further access to the Services, at any time for breaching the Terms and Conditions or violating the law and regulations.  We also reserve the right to remove any message or material from the App that, in its sole discretion, we deem unacceptable, abusive, illegal or disruptive.

 

We take no responsibility for the way you use the App to the extent permitted by law.  By using the Services, you in any event expressly waive all your rights to damages (if any) and/or any other reliefs (if any).  If you consider EVOL anyhow cause you any loss prejudice harm and/or damage whatsoever, you shall forthwith stop using our Services, remove your Account and stop any further interactions in any form arising out of and/or in connection to the Services.  Without prejudice to anything herein, you shall also report such incident upon termination of your use of the Services and the removal of your Account.[BK3]   For avoidance of doubts, EVOL accepts no liabilities to any Users.

 

Exit or Termination

At any point if you want your Account to be removed from our App, you can delete your Account in the App or email us at support@evoltheapp.com. Upon the completion of processing the request, your EVOL profile and other records will be removed and invisible to other users on the App for any further matching purposes. You can re-register for a new Account in the future but the previous information or record from the deleted Account will no longer be available.

 

Updates and Termination of EVOL

We may update the App from time to time.  The App is currently available on Android & iOS.  The requirements for the both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you shall download the updates if you wish to keep using the App.  You shall always accept updates to the application when offered to you.

 

Although we endeavor to ensure that the App is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.  For avoidance of doubts, we do not guarantee that we will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device.  We accept no liability in such regard. 

 

We reserve the rights to stop providing the App and terminate its use at any time without giving any prior notice at our sole and absolute discretion.  Upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and delete it and/or any of its copy(ies) from your device.

 

 

Compliance with this Agreement and applicable laws and regulations

We reserve the right to monitor the App and its contents at any time but are not obliged to do so.

It is your sole responsibility to comply with the requirements herein and all applicable laws and regulations.  No reliance shall be placed on us to monitor access to or use of the Services and/or to review or edit any User Content.

 

We reserve the right to investigate violations of this Agreement and/or conducts that affects the Services.  Should any action be required of us for compliance with this Agreement and to comply with applicable laws or other legal requirements, we reserve our rights to seek damages and appropriate reliefs against you.  We reserve the right, at our sole and absolute discretion, to remove or disable access to any part of the Services, including any User Content, at any time and without prior notice, including, but not limited to, if we, at our sole and absolute discretion, consider any of the foregoing to be objectionable or in violation of this Agreement.  

 

We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole and absolute discretion, deem appropriate including but not limited to circumstances in which we consider necessary to protect the safety or wellbeing of our Users or any other person.

 

Reporting of Violations

If you discover any violation of the Agreement by other Users, kindly report it to us at support@evoltheapp.com.

 

Governing Law & Jurisdiction

This Agreement and any dispute or matter arising from or incidental to the use of the Application shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.

 

Changes to these Terms and Conditions

This Agreement is effective as of 2021-12-18.  We reserve the right to modify this Agreement at any time at our sole absolute discretion.  If we do so, we will let you know either by posting the updated Agreement on the App or through other communications.  It is your duty to read this Agreement as it is updated whenever we update them or you use the Services.  By continuing to use the Services, you are irrefutably deemed to be agreeing to be bound by the latest version of this Agreement.  If you do not agree to be bound by the latest version of this Agreement, you shall not use the Services anymore.

 

Dispute resolution

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

 

The law of this arbitration clause shall be Hong Kong law.

 

The seat of arbitration shall be Hong Kong.

 

The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.

 

Contact Us

If you have any questions about our Terms and Conditions, do not hesitate to contact us at support@evoltheapp.com.

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