Please Great carefully the following provisions of this EULA. This is a legal agreement between you and Appsense Consulting LTD and Matcher and its various & next versions incuding web-based version "Matcher Web" (All Matcher services shall collectively
referred to as “Matcher”) regarding the use of the Matcher software programs and related documentation being installed by you on your device (the “Software”). By downloading the Software and/or using any of the services
enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS) AND
THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.
to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces
as of the date hereof (which you further acknowledge you have had the opportunity to review).
of the Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Matcher application and any other applications that may be explicitly
authorized by Matcher for use through use of the Software, and if you have downloaded the Software from the Apple App Store or the Google Play, as permitted by the Usage Rules set forth in the each app marketplace Terms
of Service as of the date hereof.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Matcher and you agree
to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements
thereto belong solely to Matcher and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest
granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Matcher hereby expressly reserves all rights in the Software and all Services which are not expressly granted
to you hereunder.
You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease,
lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse
engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv)
remove, obscure or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Software or any of the Services; (v) use the Software or any of the Services to create or proliferate
a virus or to circumvent any copyright protection or other digital rights management mechanism.
You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services,
(iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or
communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal
offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Matcher’s website, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it
is affiliated with Matcher, or (vi) use or access any of the Services by any means other than through the interface provided by Matcher.
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for
such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control
if you sell the Device, or if you cease to have the legal right to control use of the Device.
Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services,
you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Matcher does not endorse any Content and expressly disclaims any and all liability in connection with any and
all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Matcher Parties (as defined below) from any and all claims and demands arising out of or relating to any
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Matcher (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible
to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant
that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate
any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel,
or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Matcher RESERVES ALL RIGHTS AND REMEDIES
The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
Matcher, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. Matcher has no obligation to make available to you any additional
to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that Matcher may automatically issue any additional features or functions
or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your
Device may automatically request and/or receive such modifications, upgrades or updates.
For particular Devices, Matcher may ask your permission to use your native SMS application to deliver messages or invitations to people Matcher are not registered users of the Services and with whom you choose to communicate. Some of these services may
charge additional fees.
The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users Matcher are eighteen (18) years of age or older, and any registration, use or access to the Software
you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without
limitation if it believes that you are under 18. If you are under 18 years of age you may use the Software and Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and
The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering
points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge
and agree that: (i) Matcher is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the
Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Matcher is not a replacement for your primary telephone service.
Matcher reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular)
carrier regarding such unauthorized use.
You hereby authorize Matcher to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.
From time to time, Matcher may provide additional features and/or Services that you pay for (“Premium and all kind of paid contents & item Services”). Matcher may also offer from time to time in its sole discretion, certain Premium and all kind of paid
The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at
the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms
in effect at the time the charges are payable and whether charged by Matcher or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms
of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge
and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services
is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled
in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Matcher have any responsibility in connection with any
of the foregoing.
You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users
Matcher are banned by Matcher and its community, and 2) full-refunds are not available for partially-used purchases.
You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for
directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.
or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent,
immoral or illegal activities. You agree that Matcher is under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Matcher Party
shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services
the Premium and all kind of paid contents & item Service. You acknowledge and agree that Matcher shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that
no Matcher Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and any kind of paid contents
& item Service that includes the storage of Content and you are not active on the Premium and any kind of paid contents & item Service for thirty (30) days or longer (as determined by Matcher), Matcher may delete your
Content for any reason, including technical, business or any other reasons.
The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites“). Matcher does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS,
third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.
"YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Matcher, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Matcher, COLLECTIVELY THE “Matcher PARTIES”),
FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM
OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES
BASED ON THE INCOME OF Matcher). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of
the Software or Services infringes any third party’s intellectual property rights, as between Matcher and the app marketplaces, Matcher, not the app marketplaces, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. Matcher reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify
Matcher, and you agree to cooperate with Matcher’s defense of these claims. You agree not to settle any matter without the prior written consent of Matcher." "
The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Matcher Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including,
without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Matcher PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR
USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE
USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Matcher Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish
any maintenance or support services with respect to the Software and/or Services.
THE Matcher PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE Matcher PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA
THAT RESULTS FROM SUCH CONTENT.
IN NO EVENT SHALL THE Matcher PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations
set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Matcher Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS
OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Matcher AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND Matcher AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the
Software from the app marketplaces, you further acknowledge that the app marketplaces has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software
or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation.
YOU ACKNOWLEDGE AND AGREE THAT Matcher HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY
SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Matcher, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
YOU AND Matcher. Matcher WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to Matcher shall become the property of Matcher. Matcher will have exclusive ownership of all rights to the Feedback. Matcher will be entitled
to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Matcher will not be required to treat any Feedback as confidential. You agree that you do not
acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted
by you, including its legality, reliability, appropriateness, originality, and copyright.
The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of South Korea and the country in which you obtained them. The Software and Services are specifically subject to the
South Korean Export Administration Regulations; any diversion contrary to South Korean law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the
direct product thereof to any country, individual or entity for which the South Korean Government or any agency thereof, at the time of export, requires an export license or other governmental approval, without first
obtaining such license or approval.
33.1 Notices. Matcher may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Matcher website. Notice will be deemed given twenty-four (24) hours after
the email is sent, unless Matcher is notified that the email address is invalid. Notice posted on the Matcher website is deemed given ten (10) days following the initial posting. Matcher reserves the right to determine
the form and means of providing notifications to our users.
the latest version of this EULA at https://www.Matcher-app.com/eula
33.3 International Users. The Software and Services are hosted in South Korea and by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with
laws or regulations governing personal data collection, use and disclosure that differ from South Korean laws, then you understand and consent to the processing of personal information in South Korea.
33.4 Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms
of the remaining provisions, which shall remain in full force and effect.
of Use will be effective only if in writing and signed by Matcher.
solely based in South Korea, and that the Services do not give rise to personal jurisdiction over Matcher, either specific or general, in jurisdictions other than South Korea. You further agree that the courts located
in South Korea shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Software,
of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts.
33.9 Injunctive Relief. You acknowledge that the obligations made hereunder to Matcher are of a unique and irreplaceable nature, the loss of which shall irreparably harm Matcher and which cannot be replaced
by monetary damages alone so that Matcher shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You
irrevocably waive all rights to seek injunctive or other equitable relief.
33.10 Third Party Beneficiaries and Agreements. If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License
you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including
those of any Application Store, as may be applicable, when using the Software and/or Services.