Terms of Use


We gladly welcome you to Pleb. These Terms of Use are between you and Zivost Technologies Private Limited. The terms ("us," "we, the "Company" or "Pleb" refer to Zivost Technologies Private Limited.)

1. LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where Pleb has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Pleb. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

2. ACCEPTANCE OF TERMS OF USE AGREEMENT

By creating an account with Pleb, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookies Policy and Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use this Service.

We may make changes to this Agreement and to the Service from time to time, to enhance your online experience. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on our website and the mobile app, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES.

3. ELIGIBILITY

You must be at least 18 years of age to create an account on Pleb and use the Service. By creating an account and using the Service, you represent and warrant that:

4. YOUR ACCOUNT

In order to use Pleb, you may sign in using your Facebook login, or otherwise. If you do so using your Facebook Account, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Pleb users. For more information regarding the information we collect from you and how we use it, please refer to our Privacy Policy and Cookies Notice

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Pleb, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@pleb.dating. Pleb shall be not be in a duty to ensure authenticity of log in/access to Pleb account, unless expressly informed by the user.

You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services. You understand and agree that anyone may be able to view any information you choose to make publicly available.

5. ALTERING AND TERMINATING THE SERVICE

Pleb is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

A. TERMINATION

Services may be terminated by either of the following mode:

a) Termination by Pleb: Notwithstanding anything to the contrary in these Terms, Pleb may suspend, remove, deactivate, terminate or block your Pleb Account and your right to use the Services and may block or prevent your access to and use of the Services at any time in our sole discretion, for any reason, without explanation and without notice to you (including without limitation blocking Users from certain IP addresses). We also reserve the right to remove or block access to your Pleb Account information, User Content or data from the Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated, blocked, deactivated, removed or suspended at any time in our sole discretion, for any reason, without explanation and without notice or for cause, such as due to any breach or violation of these Terms, flagged conduct or content, third party complaints, infringement of the intellectual property rights of others, you agree that all fees then paid to Pleb by you will be non-refundable.

b) Termination by You. In addition to any right to cancel your subscription, you may deactivate or delete your Pleb Account at any time by accessing "Settings" and selecting "Deactivate Account" or "Delete Account", or by emailing our customer support team at help@pleb.dating

B. REACTIVATION

After deactivating your account, your profile will not be visible to other users and you will not receive any messages, but your information (your matches, messages and other information associated with your account) may remain in Pleb's backup copies and logs for up to six (6) months. During the six (6) months, you may easily reactivate your account by signing in our app again using your account information. Deactivating your account does not cancel your subscription. You will need to manage your in-app purchases through your device platform (e.g., iTunes, Google Play) to avoid additional billing. If you do not reactivate your account within six (6) months, your account will be permanently terminated and closed and all of your information (your matches, messages and other information associated with your account) will be completely deleted from our app

C. DELETION

If you want to delete your account, you’ll need to do it directly on our app. Please note that you'll permanently lose your matches, messages and other information associated with your account. Log in our app (If you deleted the app, download the app again)

Deleting the Pleb app does not delete your account. Deleting your account does not cancel your subscription. You will need to manage your in-app purchases through your device platform (e.g., iTunes, Google Play) to avoid additional billing. If you want to use our app again, you will need to create a new account. If you log in to Pleb again after deleting your account, a new account will be created.

6. SAFETY, YOUR INTERACTIONS WITH OTHER USERS

Though Pleb strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Pleb’s Safety Tips, located on website and mobile app under Safety Tips, prior to using the Service. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, PLEB DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. PLEB RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT PLEB IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. Pleb does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that Pleb may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct norms.

7. USER RIGHTS

Pleb believes in the liberty of the users. We at Pleb grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Pleb and permitted by this Agreement. Therefore, by agreeing to this agreement, you agree NOT to:

The users hereby confirm to state all the facts and details which are true to the best of their knowledge.

You have right to adjust the settings relating to automatic updates and installation of updates through your devices’ settings.

8. RIGHTS YOU GRANT PLEB

Subject to the Privacy Policy , if you send to Pleb or post on the Services in any public area any information, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or Services incorporating such information, you acknowledge that Pleb can use the User Submissions without acknowledgement or compensation to you. You hereby grant to Pleb a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any User Submission communicated to Pleb by you through the Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any User Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such User Submission, however arising. Pleb will not be required to treat any User Submission as confidential, and may use any User Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or making any other consideration available to you of any kind, and Pleb will not incur any liability as a result of any similarities that may appear in future Pleb operations. For greater clarity, Pleb also reserves the right, in its sole discretion, to refuse to post any User Submission that it receives from you.

By agreeing to the terms of use, you agree to permit Pleb that we may monitor and review any content you share as a part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Pleb above.

The users agree to be kind and polite while all communications and dealings with our customer care representatives. If at any time we at Pleb feel that any user is affecting the respect or integrity of the Company and/or it’s employees, or is likely to do so anytime in future, we reserve the right to immediately terminate the account of the user without any explanation.

In course of Pleb allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Pleb regarding our Services, you agree that Pleb may use and share such feedback for any purpose without compensating you.

Upon these terms of use, you agree that Pleb may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

9. COMMUNITY RULES

By using the Service, you agree that you will NOT:

Pleb reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Pleb regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

10. OTHER USERS’ CONTENT

Although Pleb reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Pleb cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via help@pleb.dating.

11. PROHIBITED CONTENT

You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Pleb policy governing your use of the Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:

  1. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
  2. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. is intended to, or does, harass, or intimidate any other user or third party;
  4. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
  5. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
  6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
  7. violates someone’s data privacy or data protection rights;
  8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  9. contains any advertising, fundraising or promotional content; or
  10. is, in the sole judgment of Pleb, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Pleb or its users to harm or liability of any type.

12. PURCHASES

a. General. If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription to our Services, you authorize Pleb and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are non-refundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Pleb’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 13).

b. Payment Method. Pleb may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, net-banking, by certain mobile payment providers or by using any other online Payment Gateway Providers as may be available from time to time. You authorize Pleb to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. Pleb’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a "Third Party Account"). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.

c. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

d. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME,, GO TO THE "SETTINGS" PAGE OF YOUR DATING PROFILE, CLICK ON "SUBSCRIPTION" AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 22, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 22 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.

e. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Pleb. You agree to promptly notify Pleb if your Payment Method is cancelled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.

f. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Pleb will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that Pleb may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Pleb will inform you of any additional charges that are accumulated.

g. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, Pleb shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways. Pleb reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

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

13. FREE TRIALS AND PROMOTIONS

From time to time, we may offer free trials or other promotions (a " Promotion "). As an example, we may offer Promotions that provide a free Subscription to the Services for a certain period of time. You must cancel your subscription (in accordance with Section 12) before the end of the Promotion period in order to avoid being automatically charged for Subscription Fees.

14. TRADEMARK

"Pleb," Pleb’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of Pleb, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pleb or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pleb and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

By agreeing to these terms of use, the users agree to be bound by the Intellectual Property Rights Policy of Pleb.

15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@pleb.dating, by phone to 7007-011-871 or via mail to the following address:

Copyright Compliance Department c/o Zivost Technologies Private Limited, A 512 Logix Technova Sector 137, Noida Uttar Pradesh, India. Pin: 201304.

Pleb will terminate the accounts of repeat infringers.

16. ADVERTISING

Pleb and its licensees may publicly display advertisements and other information adjacent to your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

17. DISCLAIMERS

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

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

18. THIRD PARTY SERVICES

Pleb may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Pleb does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Pleb is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Pleb shall undertake no liability therein.

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

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

19. DOWNLOADABLE APPLICATIONS

By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLEB, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PLEB, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLEB’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL PLEB’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLEB BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

21. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER.

Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Indian Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
  2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Uttar Pradesh, India. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Uttar Pradesh without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
  5. Pleb may resort to online dispute settlement on mutual consent. Pleb does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
  6. Governing Law. - The Services are controlled by Zivost Technologies Private Limited and operated by it from its office in India. All disputes, claims or other matters arising from or relating to your use of the Services, the Proprietary Materials and these Terms will be governed by the laws of India.
  7. Severability. If any clause within this Section 20 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Uttar Pradesh, India., excluding Uttar Pradesh’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Uttar Pradesh's governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

22. VENUE

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Noida, Uttar Pradesh, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Pleb that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Noida, Uttar Pradesh, India. You and Pleb consent to the exercise of personal jurisdiction of courts in the State of Uttar Pradesh and waive any claim that such courts constitute an inconvenient forum.

23. INDEMNITY BY THE USER

By agreeing to the terms of use, you agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Pleb, our affiliates/assigns/contractors, and their and our respective officers, directors, officers, managers, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

24. ENTIRE AGREEMENT; OTHER

This Agreement, with the Privacy Policy, Cookies Notice, Intellectual Property Rights Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Pleb regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Pleb account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Pleb in any manner.

25. MISCELLANEOUS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pleb without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision, or any portion thereof, of these Terms is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Pleb to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.

26. QUESTIONS AND COMMENTS

If you have any questions regarding these Terms or your use of the Services, please contact us at: help@pleb.dating