Terms of Use
We last updated our Terms on 16th March 2023.
These Terms govern your use of the DearReal Platform and provide information about the Service. You agree to these terms when you create an account or use our Platform.
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Definitions
Words with a capitalised initial letter are defined below. The definitions have the same meaning in singular or plural.
For these Terms:
- “Account” collects information about a User. It includes the User Profile and settings, which enable the User to access parts of the Platform.
- “Affiliate”: an entity that controls is controlled by or is under common control with a party. “Control” means either:
(i) ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for directors or other managing authority.
(ii) a relative majority of the shares, equity interest or other securities entitled to vote for directors or other managing authority. - “Company” (or “DearReal”, “the Company”, “We”, “Us”, “Our”) refers to The Private Dating App Limited.
- “Country” refers to The United Kingdom.
- “Content”: text, images, video, audio, media, comments, information, data, or other information Users can create, edit, post, upload, link, or otherwise make available.
- “Device”: any device that can access the Platform, including a computer, a cell phone, a digital tablet or a connected watch.
- “Feedback”: innovations or suggestions regarding the attributes, performance or features of our Platform sent by Users.
- “Payment Method”: any third-party owned and operated payment gateway or method made available on the Platform to pay for DearReal’s Premium service.
- “Platform” (or “Application” or “Mobile Application”): DearReal’s Website, Mobile Application, emails, notifications and SMSes, along with the Privacy Policy. Visitors can access the public Platform to learn about the Service or log in as Users to experience it. Users can download the application from The Apple App Store and Google Play Store.
- The “Privacy Policy” available at https://www.DearReal.com/privacy is an integral and inseparable part of the Terms. It outlines the rules, regulations and practices that manage any third-party data. The Privacy Policy outlines how the Company collects, uses and discloses personal information. It also tells You about Your privacy rights and how the law protects You.
- “Service” (or “Services“): features, resources, facilities and solutions made available on the Platform.
- “Terms of Use” (or “Terms”): The agreement between the Company and You regarding the use of the Platform.
- “Third-party Social Media Service”: any services or content (including content, data, information, products or services) provided by a third party that may be displayed, included or made available by the Platform.
- “User”: anyone with a User Profile / Account on the Website or Mobile Application.
- “User Profile”: an individual file presenting the User on the platform.
- “Website”: refers to https://www.DearReal.com and https://www.DearReal.fr. Any mention of the Website includes the Platform, which both are integral and inseparable.
- “You” (or “Your”): the User or any authorised individual accessing the Platform on behalf of the User.
Acknowledgement
These Terms govern how the Platform operates. These Terms set out the rights and obligations of all parties. These Terms apply to all visitors, Users and others who access or use the Platform.
Our Terms include our Privacy Policy and all other operating rules, policies and procedures published on the Platform.
By accessing or using the Website, You agree to be bound by these Terms and comply with the Privacy Policy. If You refuse to comply with any part of these, You may not access the Platform.
DearReal puts a lot of effort into enabling genuine interactions. We accomplish this through our Platform, which allows vetting amongst Users and mapping of User relationships. This vetting includes vouches and introductions/matchmakes of Users through their network. To build this network efficiently and to facilitate the vouching and matchmaking, Users can authorise sharing of their phone’s address book and Gmail account META data.
Some services offered through the Platform may be subject to additional Terms promulgated by the Company. Your use of such services is subject to Your acceptance of those additional Terms, which are incorporated into these Terms by this reference.
Modifications
At any time, the Company reserves the unilateral right to modify or replace any of these Terms or change, suspend, or discontinue the Platform by posting a notice on the Website or sending You an e-mail. The Company may also limit certain Services or restrict Your access to parts or all of the Platform without notice or liability. It is Your responsibility to check these Terms periodically for changes.
Your continued use of the Platform following a change to the Terms constitutes acceptance of those changes. If You disagree with any new Terms, please delete your Account and stop using the Platform.
The newest version of the Terms shall be applicable at its publication on the Platform and render the previous version inapplicable for the future. Users do not have any acquired rights regarding the previous provisions unless otherwise provided by any competent law or regulation.
Code of Conduct
You promise not to use the Platform for any purpose prohibited by these Terms or any competent and applicable law or regulation.
The Platform (including, without limitation, any Content) is provided only for your personal, non-commercial use.
You are responsible for all of Your activities in connection with the Platform.
You shall not (directly or indirectly):
- Take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s (or its third-party providers’) infrastructure;
- Interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- Bypass any measures the Company may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform);
- Run Maillist, Listserv, any form of an autoresponder or “spam” on the Platform; or
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform;
- Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction,
- Modify, translate, or otherwise create derivative works of any part of the Platform, or
- Copy, rent, lease, distribute, or otherwise transfer any rights you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Registration and User Profiles
To learn about the Service, You may browse parts of the Platform and Content without registering or creating an Account.
To create an account, you must provide accurate, complete, and current information. You may not use the name of another person or a virtual name but your name.
You are over the age of 18. The Company does not permit those under 18 to use the Platform.
You are not on any registered Sex offenders list.
You agree and undertake not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any security breach or unauthorised use of Your account.
Sometimes, we will require updates to the Platform’s code. You agree that We can update the Platform. You and other Users will need to download an update to operate appropriately.
Content
Your Right to Post
Our Platform allows you to post Content on some of its Services. You are responsible for the Content You post to the Website’s relevant Service, including its legality, reliability, compliance, and appropriateness.
By posting Content to the Platform, You irrevocably grant Us the right and license to use, modify, publicly display, reproduce, and distribute such Content on and through the Platform. You retain all Your rights to any Content You submit, post or display. You are responsible for protecting those rights. Other Platform Users may also use Your Content subject to these Terms and Your configurations in Your app settings.
You represent and warrant that the Content You post, or upload is
- Yours or You have the right to use it and grant Us the rights and license as provided in these Terms,
- contains the correct and precise copyright information
- does not violate privacy, publicity, copyrights, contract rights or any other rights.
Restrictions
You agree that the Platform contains Content expressly provided by the Company or its partners and Users and that copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws protect such Content.
You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Platform and its relevant Services.
The Company grants each User of the Platform a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content solely for personal, non-commercial use within the limits of the proprietary rights of the Company, its partners and its Users.
The Company, or the copyright holder identified in such Content’s copyright notice, prohibits the use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use without prior written permission.
Users shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
User Generated Content
Objectionable content and behaviours.
The Company is not responsible for the User-generated Content on the Platform but will do its best to review reports, enforce rules and monitor activity. Users expressly understand and agree that Users are solely responsible for the Content and activity under Your account, whether by You or any third person using Your account.
Users shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution on or through the Platform of Content without limitation:
- unlawful or promotes unlawful activity.
- threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- defamatory, false, misleading, untruthful or inaccurate;
- spam, machine – or randomly generated, unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of Company or any third party; or
- Infringes on any party’s proprietary rights, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonates any person or entity, including any employee or representative of the Company.
- Violates the privacy of any third person.
- Involves commercial activities and sales such as legal and illegal products, legal and illegal services, contests, sweepstakes, barter, advertising, financial services, or pyramid schemes;
- Exploits people sexually or violently;
The Company reserves the right to determine whether or not any Content is appropriate and complies with these Terms. The Company can remove, delete, design, edit, and modify any Content, including without limitation any User Submissions, at any time, without notice to You nor the User and for any reason or no reason at all. The Company can indefinitely ban a user who does not comply.
The Company does not guarantee that any Content will be available on the Platform.
As the Company cannot control all Content posted by Users and third parties on the Platform, You agree to use the Platform at Your own risk. You may uncover Content that You may find offensive, indecent, incorrect or objectionable. You agree that the Company is not liable for any Content, including any errors or omissions, or any loss or damage incurred from Your use of any Content. We warmly recommend you report content as soon as you doubt its nature.
Reporting
The Company offers ways to alert it through the app. Most menus in the chat section and on each User Profile offer the option “Hide”. Tapping “Hide” presents the User with four options:
- Family
This informs the app that the User Profile is part of the User’s family. We won’t hide the User Profiles but won’t be suggesting them for matchmaking across the app’s Users.
- Mismatch
This informs the app that the User isn’t romantically interested in the other User. We won’t be hiding the User Profiles but won’t be suggesting them for matchmaking.
- Block
Block will hide the reported User from seeing the DearReal User Profile of the User reporting. Other Users will also be unable to matchmake the blocked User and the reporting User on the Platform.
- Report
This is a way to bring an incident to our attention. The reported User will be immediately blocked from seeing the User reporting. Other Users will also be unable to matchmake the blocked User and the reporting User on the Platform. Our moderation team will look into the report. Our moderation team does not read through User messages except when reported by one or several Users involved. We will look for objectionable content and behaviours and abide by our policy.
Moderation policy
We have a moderation process to review user-generated content and remove any content that violates our guidelines. Our moderation process includes the following:
- Automated filters: We use automated filters to flag potentially inappropriate content for review by our moderation team.
- Human moderation: Our moderation team reviews all flagged content and takes appropriate action to remove content that violates our guidelines.
- User reporting: We encourage users to report any content they believe violates our guidelines. We take user reports seriously and review them promptly.
Consequences for violating our guidelines: Users who violate our moderation policy may face consequences, including but not limited to content removal, suspension or termination of their account, or permanent ban from our app.
Besides our moderation process, we may report any content or behaviour that violates the law to the appropriate law enforcement authorities. We take our responsibility to report illegal activity seriously and often cooperate with law enforcement agencies.
Copyright
Intellectual Property
The Platform and its original content (excluding Content provided by You, the User or other Users, which will always remain the property of the owner/holder of such proprietary rights), features and functionality are and will remain the exclusive property of the Company and its licensors.
Copyright, trademark, and other laws of both the Country and foreign countries protect the Platform.
No one may use our trademarks and trade dress in connection with any product or service without the Company’s prior written consent.
Infringement
We respect the intellectual property rights of others.
If You are a copyright owner or authorised on behalf of one, and You believe infringement is taking place through the Platform, You must submit Your notice via email at privacy@DearReal.com). Please include a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content infringes Your copyright or any other proprietary right.
Feedback
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Disputes Resolution
If You or another User have any concerns or disputes about the Platform, You and the opposing Party agree to try to resolve the dispute informally by contacting the Company.
Disputes raised via private chat or communication between two consenting users of the platform cannot be resolved by Private Dating App Limited unless they are
- illegal.
- hateful language.
- cyberbullying.
- sexual harassment.
- any other activity or behaviour that would harm other individuals’ use or well-being on the Platform.
Should the content be related to any of the abovementioned topics, please flag this immediately at privacy@DearReal.com or through the app’s reporting interface.
Violation and Termination
We may terminate, delete, suspend or block Your Account, without prior notice or liability, for any reason whatsoever, as well as for no reason, including without limitation, if You breach these Terms.
Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website. For details on deactivating your Account, please refer to our Privacy Policy.
The Company may investigate and take appropriate legal action against anyone who violates its Terms or the Law. This includes, without limitation, reporting activity and Content to law enforcement.
Legal considerations
Links to Other Websites
Our Platform may contain links to third-party websites or services not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the Terms and privacy policies of any third-party websites or services you visit.
Liability
The entire liability of the Company and its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount paid by You through the Platform. Despite any damages that You might incur.
To the maximum extent permitted by applicable law. In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, and loss of privacy arising from or in any way related to the use of or inability to use the Platform. This includes third-party software and hardware used with the Platform or in connection with any provision of these Terms. Even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails in its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
The Platform is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Platform. This includes all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from the course of dealing, course of performance, usage or trade practice.
Without limitation to the preceding, the Company provides no warranty or undertaking and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the preceding, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Platform or the information, content, and materials or products included;
- that the Platform will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided through the Platform; or
- that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing Law
The United Kingdom and the EU CoJ (European Court of Justice)’s laws, excluding its conflicts with any local law rules, shall govern these Terms and Your use of the Platform. Your use of the Platform may also be subject to other local, national, or international laws.
Severability
Some jurisdictions do not allow the exclusion of warranties or limitations of applicable statutory consumer rights.
If a provision in these Terms is unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible under the law. The remaining provisions will continue to the greatest extent enforceable under the law.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to do so at any time after that. The waiver of a breach does not constitute a waiver of any future breach.
Contact Us
If You have any questions about these Terms, You can contact us:
By visiting pages on our Website: https://www.DearReal.com.
By sending us an email: privacy@DearReal.com.