Terms of Use

Introduction

The following Terms of Use ("Agreement") outline the contractual relationship between users and Mabrosi upon creating an account on our mobile application, D8ship. By accessing and utilizing our services, users agree to abide by the terms and conditions detailed herein. This Agreement encompasses all aspects of D8ship, including but not limited to our websites and mobile applications collectively referred to as the "Service."

Agreement Overview

This Agreement establishes the legal framework governing the use of D8ship. Users are obligated to comply with the terms outlined in this Agreement, along with any future amendments or modifications that may be implemented by Mabrosi. The Agreement is designed to regulate and facilitate the interaction between users and us through use of the Service.

Parties Involved

This Agreement is entered into between you ("User", "you", or "your") and Mabrosi inc. ("Mabrosi", “D8ship”, "we", "us", or "our") As the provider of the Service, Mabrosi inc. assumes the role of the service provider and administrator of the terms and conditions outlined in this Agreement.

Amendments and Modifications

We reserve the right to modify these Terms at any time. If a revision is material, we will provide notice prior to any new terms taking effect. Notice of changes will be communicated through email notifications, in-app notifications, and/or notifications on our website. We also recommend that you review these Terms periodically. Your continued use of the Services after any such changes constitutes your acceptance of the effective Terms.

Effective Date

This Agreement is effective as of 2024-08-01. The Effective Date signifies the commencement of the contractual relationship between you and us. Any subsequent amendments will be accompanied by a revised Effective Date, indicating the initiation of the updated terms.

Definitions

Glossary and One-Line Descriptions

User: Refers to any individual who creates an account on the app and utilizes the Service.

App: Denotes the D8ship, a mobile application operated by Mabrosi, encompassing its websites and associated services.

Mabrosi: Represents the entity providing the D8ship service and is a party to this Agreement.

Service: Encompasses all functionalities, features, and offerings provided through D8ship, including the mobile application and associated websites.

Terms of Use: Refers to this Agreement, governing the user's relationship with Mabrosi while using the Service.

Amendments: Any changes, additions, or modifications made to this Agreement by Mabrosi

User-Generated Content (UGC): Content created, posted, or transmitted by users through the Service.

In-App Purchase: The acquisition of additional features or services within the D8ship application.

In-App Coins: Limited-use features purchased within D8ship for specific functionalities.

Privacy Policy: A separate document outlining the handling and protection of user information by Mabrosi.

User Eligibility

To ensure a secure and lawful environment for all users, the following eligibility criteria must be met before creating an account on D8ship.

Requirements

To register on the app, users must meet the following criteria:

• Be at least 18 years old or the age of majority required to legally enter into a contract under the laws of their resident country, if greater than 18.
• You are legally qualified to enter into a binding contract with us.
• You have not committed, been convicted of, or pled no contest to a felony or serious crime, a sex crime, or any crime involving violence or threats of violence
• You have not been previously removed from our Services unless you have our express written permission to create a new account.
• You do not have more than one account on our Services.

Applicable Laws

Users are required to comply with the laws of their resident local, province/state, country and region, where we provide services, to use D8ship legally. Any breach of local regulations or legal restrictions may result in the termination of the account.

Service Availability

Users must be located in a country where D8ship is available to access and use the Service. Our services are currently available only to Canadian residents who are physically present within the country.

Underage Monitoring

Mabrosi actively monitors underage use of the Service. If there is reason to believe a user may be underage, We reserve the right to take appropriate actions, including termination, suspension, or requesting age verification.Users are encouraged to report any underage activity on the platform if they have valid reasons to do so.

Account Creation

Creating an account on the app involves several steps and considerations to ensure a secure and respectful environment for all users.

Methods of Account Creation

Users can create an account on the app using the following methods: Via a valid email address, or By utilizing social logins for added convenience.

Data Collection and Privacy Acknowledgment

By using the app, users acknowledge that we may collect and utilize their data and information in accordance with the Privacy Policy. It is essential for users to review and understand the Privacy Policy to be aware of how their data will be handled when using our Services.

Social Logins

When creating an account using social logins, the app confirms the user's email address for authentication purposes. This eliminates the need to set a new password, providing a seamless entry into the application.

Safety Precautions

To enhance user safety and security, we recommend the following precautions:

• Choosing a Strong Password Users are encouraged to select a strong password to prevent unauthorized access.

• Account Sharing Warning Users should refrain from sharing their account credentials with others to maintain account integrity.

• Trust and Caution Guidelines Exercise caution when engaging with new connections.

• Meeting Safety Recommendations For in-person meetings, meet in public places and inform someone trustworthy of your whereabouts.

• Blocking and Reporting Procedures Users are empowered to block and report any users causing discomfort or violating community guidelines.

Account Deletion Process

If users decide to delete their account within the app, the process is simple:

1. Navigate to the User Menu.
2. Access Settings.
3. Choose "Delete Account" by tapping on More icon.

Upon confirming your request, your profile will be removed and your account will become inaccessible to other users. However, please note that we retain your contact and interaction information for 60 days for security reasons.

User Conduct

Users are expected to adhere to a set of conduct guidelines outlined below to ensure a positive and respectful environment for all participants.

General Responsibilities

Users bear sole responsibility for their use of our services, including the content they post, upload, or transmit through the Service, as well as their interactions with other users. Responsible behavior is essential to maintaining a harmonious community.

Code of Conduct

To foster a respectful environment, users must adhere to the following principles when using our services:

• Treat others with kindness and respect.
• Communicate clearly and honestly.
• Respect the privacy and personal boundaries of other users.
• Refrain from hate speech, discriminatory language, or threats.
• Abstain from engaging in illegal or harmful activities on the app.

Prohibited Content and Activities

The following content and activities are strictly prohibited:

• Harassment or Bullying: Including stalking, threats, or intimidation.
• Inappropriate or Illegal Content: Posting sexually explicit content, nudity, or any other inappropriate or illegal material.
• Solicitation: Asking for money, goods, or services from other users.
• Privacy Violations: Posting content that infringes on the privacy rights of others or sharing personal information publicly.
• Illegal Activities and Hate Speech: Promoting or engaging in illegal activities or hate speech.
• Impersonation: Creating fake profiles or impersonating other users.
• Minor Safety: Disclosing any minor's image, even with a relative or blood bond.
• Commercial Use: Using the app for commercial purposes, including advertising or promoting products or services.
• Discrimination: Discriminating based on race, gender, sexual orientation, religion, or any other characteristic.
• False Information: Posting false or misleading information about yourself or others.
• Harmful Behavior: Engaging in any behavior that is harmful or threatening to other users or our business.
• Misrepresentation: Misrepresenting your identity, age, or affiliations with a person or entity.
• Service Interference: Using the services in a way that damages the services or prevents their use by other users.
• Platform Disruption: Using our services in a way that interferes with, disrupts, or negatively affects the platform, the servers, or our services' networks.
• Harmful Purposes: Using our services for any harmful, illegal, or nefarious purpose, including but not limited to money laundering or other financial crimes.
• Soliciting Sensitive Information: Soliciting passwords or personal identifying information for commercial or unlawful purposes, or disseminating another person's personal information without permission.
• Fraud and Schemes: Using our services in relation to fraud, a pyramid scheme, or other similar practices.
• Political Campaigns: Using our services for political campaign financing or for influencing any election.
• License Violations: Violating the terms of the license granted by us.
• Disclosure of Proprietary Information: Disclosing private or proprietary information without the right to disclose.
• Intellectual Property Infringement: Copying, modifying, transmitting, distributing, or creating derivative works from any member content, our content, or any copyrighted material without prior written consent.
• False Endorsement: Expressing or implying that any statements you make are endorsed by us.
• Automated Access: Using any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device to access, retrieve, index, data mine, or reproduce our services.
• Malicious Code: Uploading viruses or other malicious code or otherwise compromising the security of our services.
• Manipulation: Forging headers or otherwise manipulating identifiers to disguise the origin of any information transmitted to or through our services.
• Framing and Mirroring: "Framing" or "mirroring" any part of our services without prior written authorization.
• Unauthorized Use: Using meta tags, code, or other devices containing references to us or the platform to direct people to other websites without our consent.
• Reverse Engineering: Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or disassembling any portion of our services.
• Third-Party Applications: Using or developing third-party applications that interact with our services without written consent.
• API Access: Using, accessing, or publishing our application programming interface without written consent.
• Security Testing: Probing, scanning, or testing the vulnerability of our services or any system or network.
• Encouraging Violations: Encouraging, promoting, or agreeing to engage in activities that violate these terms.
• Account Re-creation: Creating a new account after suspension or termination without express permission.
• False Reporting: Submitting a false, misleading, or unfounded report about a member's behavior or content, or abusing our reporting or appeals system.

Content Monitoring

To uphold community standards and safety, We reserve the right to review, pre-screen, and refuse any user-generated content (UGC) on profiles and sharing messages, texts, photos or videos. A combination of manual and automated processes will be employed to identify and address breaches of the Terms.

Access Restrictions

When users update one or more sections of their profile with user generated content, access to discovery features may temporarily be restricted until the updated content is accepted. Restricted users will be unable to access certain features until the required actions, such as content reviews, selfie image or age verification are completed.

Account Termination

In certain circumstances, We may need to terminate or suspend user accounts. The procedures and considerations related to account termination are outlined below.

Termination and Suspension

We retain the sole discretion to terminate and/or suspend any user account or restrict access to some or all services provided. This may be enacted through operational, technological, legal, or other means available to enforce the Terms of Use.

Suspension Notice

In the event of account suspension, We will make reasonable efforts to notify the user unless such notice is deemed inappropriate, for example, when required by law enforcement agencies. If an account is suspended, the user acknowledges that no refund will be provided for any paid services or features already charged.

Appeal Process

If users believe that we have made an error in taking action on their account, they have the right to appeal up to 30 days from the suspension date. The appeal process involves contacting us through the provided contact form in our website and selecting "Appeal a decision" as the conversation topic. We will conduct a second review to address any concerns or discrepancies raised by the user.

Misconduct Reporting

To maintain a safe and respectful community within the app, users are encouraged to promptly report any violations of the Terms of Use or instances of misconduct. The reporting process and associated consequences are detailed below.

Reporting Violations

Users play a crucial role in upholding community standards by reporting any observed violations, inappropriate behavior, or content that goes against the Terms of Use.

Reporting Process

To report violations, users can use the app's reporting feature as detailed in the app guide. Please note that you cannot block or report a conversation partner until you are in the conversation. You can end the conversation first and then take action from the ex-chat sections in app settings. Each report will be carefully reviewed by us to determine the appropriate course of action, ensuring a swift and effective response to identified issues.

Action Consequences

Consequences for reported violations may include:

• Warnings issued for minor non-compliance.
• Restricted access to discovery features until the detected issue is resolved or user-submitted request data is reviewed by an admin.
• Full account suspension for severe and/or repetitive violations.
• Account suspension if the user is found to be underage.

We are committed to addressing misconduct reports fairly and promptly, taking appropriate actions to maintain a secure and respectful environment for all of our users. Users can trust that their reports will be treated seriously, and consequences will align with the severity of the violation.

Content and Responsibility

User-generated content (UGC) is a significant aspect of our community structure. This section outlines the responsibilities of users regarding the content they generate and share.

User-Generated Content (UGC)

Users are solely responsible for the content they post, upload, or transmit through the app or any of our provided services. This includes all interactions with other users and us and the behavior exhibited on and off the platform which directly or in-directly have impact in our community and/or services.

Content License Agreement

By posting, uploading, or transmitting content through D8ship, users grant Mabrosi a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. This license allows us to use, modify, and distribute the content within the platform and on third-party sites and services, in connection with the service and our business.

Private Messaging Assurance

Messages exchanged between users remain private and confidential between the involved parties. D8ship provides functionality for connection and communication while prioritizing user safety. We reserve the right but not as an obligation to implement systems, features and automatic procedures such as but not limited to features to be able users to filter and block inappropriate content.

Content Storage Disclaimer

We have no obligation to store user-generated content. Users are advised to make necessary copies of important content when deemed necessary, as we cannot guarantee the storage or retrieval of user-generated content.

Infringement Authorization

To prevent unauthorized use of user content outside of D8ship, users authorize Mabrosi but not as an obligation to act on their behalf. This includes sending takedown notices if the content is used without permission by third parties.

Our Content

Our services feature various elements, including text, graphics, trademarks, and intellectual property owned, controlled, or licensed by Mabrosi. This section delineates the ownership and reporting procedure for copyright infringement related to our content.

Ownership of Intellectual Property

All elements constituting D8ship, such as text, content, graphics, user interface designs, trademarks, logos, sounds, artwork, and other intellectual property, are owned, controlled, or licensed by Mabrosi. These elements are protected by copyright, trademark, data, database rights, and/or other intellectual property laws. Mabrosi retains all rights, title, and interest in and to Our Content at all times.

Copyright Infringement Reporting Procedure

If you believe that any content on our services infringes your copyright, you can follow the copyright infringement reporting procedure. This involves submitting a notification alleging infringement, known as a "Takedown Notice" to us The Takedown Notice should include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the material claimed to be infringing or to be the subject of infringing activity.
4. Information to permit us to contact the reporting party.
5. A statement asserting a good faith belief that the use of the material is not authorized by the copyright owner.
6. A statement, under penalty of perjury, that the information in the notice is accurate and the notifier is authorized to act on behalf of the copyright owner.

You may submit your request along with the required documentation by emailing us at [email protected] with the subject line "Takedown Notice".

Payment Terms

We may offer various features and services through in-app purchases, providing users with additional functionalities. This section outlines the payment terms associated with these transactions.

In-App Purchase Overview

In-app purchases involve acquiring additional features, services, or virtual items within the app platform. Users engaging in in-app purchases agree to adhere to the payment terms.

In-App Coins

In-App Coins are a form of virtual currency (nor real currency, neither crypto currency) only usable within the app, allowing users to access special limited-use features. The following details cover the specifics of In-App Coins.

License Description

Users obtain a limited, personal, non-transferable, non-sublicensable, and revocable license to access features through purchased In-App Coins. Ownership or transfer of In-App Coins is prohibited unless explicitly allowed by Mabrosi through our official services.

Purchasing, Redeeming, and Transferring

Users may purchase In-App Coins through third-party platforms such as the Apple App Store and Google Play Store. Upon purchase, the app store charges the user's account, and In-App Coins are released upon successful payment confirmation. Users cannot sell, redeem, or transfer In-App Coins to others in or out of the app.

Pricing and Refunds

Pricing for In-App Coins may vary based on region, promotions, or events. We reserve the right to limit or discontinue certain offerings without prior notice. In-App Coins are non-refundable, except where the application store governing the purchase has specific refund rules.

Taxes

The pricing for In-App Coins does not include taxes, which may vary by region. Any applicable taxes will be calculated and added at the point of purchase as regulated by the application store in your region.

Third-Party Platform Authorization

When users engage in in-app purchases, they authorize third-party platforms, such as the Apple App Store and Google Play Store, to charge their accounts. We release purchase orders upon receiving a successful confirmation from the respective third-party platform.

Privacy Policy

Incorporation by Reference

The privacy of users is governed by the Privacy Policy, which is an integral part of the overall agreement. By using the app, users automatically consent to the terms outlined in the Privacy Policy. It is crucial for users to review the Privacy Policy to understand how their information is collected, used, shared and retained.

Consent to Information Handling

By utilizing our services, users explicitly consent to the handling of their information in accordance with the Privacy Policy. This includes the collection, use, disclosure, retained and protection of personal information and data as outlined in the Privacy Policy. Users are encouraged to familiarize themselves with the Privacy Policy to make informed decisions about the use of the app and the handling of their information.

Third-Party Links and Services

Third-Party Content Disclaimer

Our services may contain links to third-party websites, services, advertisements, special offers, or other events that are not owned or controlled by Mabrosi. Users are advised that these third-party elements are external to D8ship and fall outside Mabrosi's direct control.

User Discretion and Risk Acknowledgment

Accessing any third-party website, service, or content from within D8ship is at the user's discretion and risk. Users acknowledge that Mabrosi neither endorses nor assumes responsibility for the content, materials, products, or services offered by third parties. Any engagement with third-party elements is undertaken at the user's own risk.

No Endorsement or Liability

Mabrosi does not endorse, guarantee, or assume liability for the accuracy, reliability, or completeness of information provided by third parties. Users accessing third-party content do so entirely at their own risk, releasing Mabrosi from any responsibility for any loss or damage incurred.

Independent Terms and Policies

Third-party websites or services may have their own terms of use, privacy policies, and practices distinct from those of D8ship. Users are advised to review and understand the terms and policies of any third party before engaging with their content or services.

No Liability for Third-Party Actions

Mabrosi holds no liability for any actions, products, or services provided by third parties. Users expressly agree that Mabrosi is not responsible for any damages or losses resulting from interactions with third parties facilitated by D8ship.

Termination of Services

Right to Terminate or Suspend

We retain the right to terminate or suspend user access to our services at its sole discretion and for any reason, including but not limited to violations of this agreement or community guidelines. Termination or suspension may result in the immediate cessation of user rights to use the service.

Immediate Cessation of Service Usage

Upon termination or suspension, users must immediately cease using D8ship, and Mabrosi may delete any content or information posted, uploaded, or transmitted through the service by the user.

Grounds for Termination

Termination may occur for various reasons, including but not limited to:

• Violation of these Terms of Use
• Inappropriate conduct on D8ship or with other users
• Conduct deemed inappropriate or improper by Mabrosi at its sole discretion
• Any other reasons deemed justifiable by Mabrosi

Notification of Action

We will notify users when taking action against their account unless such notification is deemed inappropriate or restricted by law enforcement agencies.

Mistreatment Reporting

If users encounter violations of these Terms by other users, we encourage reporting through the app's reporting feature. Each report will be reviewed, and appropriate actions, such as warnings, content removal, restricted access, or full account suspension, may be taken.

Dispute Resolution

Governing Laws

Disputes arising from the use of our services will be governed by the federal laws of Canada and the laws of the Province of Alberta that are applicable. Users agree to abide by these laws in the resolution of any disputes.

Jurisdiction and Venue

Users acknowledge and agree that any disputes related to the use of our services will be subject to the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta. This choice of jurisdiction does not limit us from seeking injunctive relief for violations of intellectual property rights or confidentiality obligations in any suitable jurisdiction.

Limitation of Liability

Release of Claims

Users agree to release us, its owners, successors, and employees from any claims, demands, losses, damages, rights, and actions, including direct, indirect, incidental, special, punitive, and consequential damages. This release encompasses any disputes arising from interactions with or conduct of other users on our services.

Types of Damages Excluded

Neither Mabrosi nor any owner will be liable for any direct, indirect, incidental, consequential, special, or punitive damages. This includes but is not limited to loss of data, income, profit, goodwill, or damage to property, arising from the use of our services, interactions with other users, or any other cause, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability, or otherwise.

No Obligation for Certain Liabilities

The limitation of liability extends even if we were advised of the possibility of such damages. We are not obligated to provide a refund for any reason upon account closure, voluntary or involuntary. Users expressly waive any and all claims arising from the use of our services.

Fundamental Element of Bargain

The limitation of liability outlined in this section is a fundamental element of the agreement's basis, reflecting a fair allocation of risk. The provision is essential for the provision of our services, and users agree that these limitations and exclusions will survive even if found to have failed in their essential purpose.

Exception for Fraud or Unlawful Acts

This limitation of liability does not apply to liability arising from fraud, fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.

Disclaimer of Warranties

Nature of Service

D8ship, its content, and services, including member content, are provided to users on an "as is" and "as available" basis. No warranties, either express or implied, are provided for fitness for a particular purpose, title, or non-infringement.

Compatibility and Matches

We do not guarantee the compatibility of any matches or conversation partners. Users acknowledge that the use of our services involves risks of meeting new people, and results may vary based on individual interactions.

User Responsibility

Users understand and acknowledge that we do not conduct criminal background checks on users. We make no representations or warranties about the conduct of users or their compatibility with others. Users are solely responsible for their interactions with other members.

Uninterrupted Service Not Guaranteed

We do not guarantee that our services will be uninterrupted, secure, or error-free. Users accept that their use of our services is at their own choice and involves risks associated with online interactions.

No Endorsement or Guarantee

No advice or information, whether oral or written, provided by us, shall create any warranty, representation, or guarantee not expressly stated in this section. We disclaims any endorsement or guarantee related to third-party content or services.

Right to Conduct Checks

Although we reserve the right to conduct criminal background checks or other screenings if misuse or misbehavior is suspected, this is done at Mabrosi's discretion and not as an obligation.

Compliance with Applicable Law

Should applicable law not permit the exclusion of certain warranties, We grant the minimum express or implied warranty required by applicable law.

Indemnification

User Responsibility

Users agree that all actions taken and information posted on our services remain their responsibility. As such, users undertake to indemnify, defend, release, and hold harmless Mabrosi, its partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents.

Claims Covered

Users will indemnify us against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees). This indemnification extends to claims arising from:

• Negligent acts, omissions, or willful misconduct by the user
• User's access to and use of our services
• Uploading or submission of content by the user
• Breach of these Terms by the user
• Violation of any law or rights of any third party by the user

Right to Settle

We retain the exclusive right to settle, compromise, and pay any claims or causes of action brought against it without the user's prior consent. Users agree to cooperate fully and reasonably with us in the defense of any relevant claim.

Exceptions to Indemnification

The indemnification provision does not require users to indemnify us for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation, or concealment. It expressly excludes indemnification for such actions.

Changes to Terms of Use

Modification Authority

We reserve the right to modify or update the Terms of Use at any time and for any reason. Users acknowledge and agree that Mabrosi has the authority to revise the Terms of Use as deemed necessary.

Notice of Changes

Any changes to the Terms of Use will be communicated by posting a revised version on our services. Users are encouraged to regularly review the Terms of Use for updates. Continued use of the service after changes are made constitutes acceptance of the revised Terms.

Acceptance of Revised Terms

By continuing to use our services after changes to the Terms of Use have been posted, users signify their acceptance of the revised agreement. If users do not agree with the modifications, they should discontinue the use of our services.

Miscellaneous

Entire Agreement

This Agreement constitutes the entire understanding and agreement between the user and Mabrosi concerning the use of D8ship. It supersedes all prior or contemporaneous communications and proposals, whether oral or written, providing a comprehensive overview of the terms and conditions governing the relationship.

No Waiver

The failure of Mabrosi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Mabrosi. The absence of enforcement in one instance does not imply a waiver of the right to enforce the same provision in the future.

Assignment

We reserve the right to assign this Agreement, in whole or in part, at any time, with or without notice to the user. Users may not assign this Agreement, or any part of it, to any other party without the express written consent of Mabrosi, which may be withheld at Mabrosi’s sole discretion.

Contact Information

Communication Channels

Users can reach out to Mabrosi through the following communication channels:

• Contact Form: Users can use our contact form available on our website. The form allows users to choose their conversation topic to ensure the appropriate department addresses their query.
• Email: Users can send emails to us at [email protected] for specific inquiries, feedback, or concerns related to the Agreement or our services.