This Terms of Service Agreement (hereinafter referred to as the “Agreement”) governs the relationship between ONLYHUGS HOLDING LLC (Entity ID: 10405491), located at 1254 Chapman Rd, Ste 208 #25738, Newark, Delaware 19702, USA (hereinafter referred to as the “Administration” or “Company”), and the individual who registers on the Site (hereinafter referred to as the “User”) regarding the use of the online dating service OnlyHugs (hereinafter referred to as the “Site”).
For the purposes of this Agreement, the “Site” refers to an internet resource consisting of a set of computer programs and the information contained therein, located on the Internet at the address https://onlyhugs.me, including all levels of this domain, as well as mobile applications installed through specialized application stores (App Store, Google Play, and others), functioning for the purpose of providing an online dating service.
By visiting, accessing, or using the Site, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree with any part of this Agreement, you must immediately discontinue use of the Site.
By accepting this Agreement, the User confirms consent to the processing of personal data by the Administration, including the processing of cookies. Data may be requested in the event of disputes and to verify the User's identity. The Administration processes the User's personal data for the purposes of fulfilling this Agreement, as well as for processing User requests, complaints, and suggestions.
The Administration takes all necessary measures to protect the User's personal data from unauthorized access, alteration, disclosure, or destruction. Processing of the User's personal data is carried out in accordance with applicable law. Disclosure of information provided by the User may only be made at the request of a court, law enforcement agencies, or in other cases provided for by applicable law.
1. Definitions
Login (Email Address) — a unique email address of the User used in combination with the Password for User identification on the Site.
Password — a combination of letters and numbers that, together with the Login, serves to identify the User.
Account — information about the User on the Site, including the login, password, and other User data.
Content — all informational content of the Site, including text, graphics, audio and video content available for viewing, playback, and downloading.
2. Subject of the Agreement
2.1
The Administration grants the User a non-exclusive license, namely the right to use the Site, with the ability to receive paid and free services (hereinafter referred to as “Services”), under the terms of this Agreement.
Installation of the Site application on the User's mobile devices is free of charge. The User acknowledges that internet access services are paid for by the User according to the rates of their service providers.
2.2
By registering on the Site, the User creates an Account.
2.3
The Administration provides access to the content and sections of the Site, some of which require payment by the User.
2.4 By accepting this Agreement, the User:
- 2.4.1. Confirms their legal capacity and that they have reached the age of majority (18 years of age or older).
- 2.4.2. Agrees not to transfer their right to use the Site to other persons.
- 2.4.3. Assumes full legal responsibility resulting from viewing/downloading materials posted on the Site.
- 2.4.4. Bears personal responsibility for the content of information and materials published by the User on the Site, and for the security and confidentiality of data required for authorization on the Site.
- 2.4.5. Agrees not to use the Site for any commercial or business purposes.
- 2.4.6. Agrees not to use their access to the Site or information obtained on the Site for sending spam.
- 2.4.7. Grants the Administration a non-exclusive, royalty-free license to reproduce, distribute, translate, adapt, and communicate materials added by the User to the Site or transmitted to the Administration by other means, by cable, wire, or other similar means, in such a way that any person may access them interactively from any place and at any time of their choosing (the right to make available to the public).
- 2.4.8. Agrees that the Administration and the Site may automatically generate emails for informational and promotional purposes. Agrees to receive these messages and that these messages may be standardized.
- 2.4.9. Agrees not to publicly post email addresses, mailing addresses, phone numbers, links, or other contact information.
- 2.4.10. Acknowledges that the Site contains materials intended for adult visitors. Use of the Site is only permitted for individuals who are 18 years of age or older.
- 2.4.11. Agrees to follow the terms of this Agreement and any content posting rules when publishing materials on the Site.
- 2.4.12. Acknowledges that materials posted on the Site may be accessible to other internet users, for whose actions the Administration is not responsible.
- 2.4.13. Understands and agrees that the Administration may, but is not obligated to, at its sole discretion, moderate any Content that violates this Agreement, and may suspend, restrict, or terminate access of any User to all or any sections of the Site at any time, for any reason or without reason, with or without prior notice, and without liability for any harm that may result.
- 2.4.14. Acknowledges that the Administration may impose limits on the number of messages sent by the User to combat spam or other undesirable activity.
3. Rights and Obligations of the Parties
3.1 The User is obligated to:
- 3.1.1. Immediately leave the Site if the User has not reached the age of majority (18), if the materials posted on the Site cause moral harm to the User, or if the User has accessed the Site in a country where the materials posted on the Site are prohibited by law.
- 3.1.2. Provide the Administration with accurate information required for Account registration.
- 3.1.3. Use information obtained on the Site only for personal purposes and not provide it to third parties.
- 3.1.4. Not mislead, stalk, or harass other Users.
- 3.1.5. Use the Site in accordance with applicable law.
3.2 The User is prohibited from:
- 3.2.1. Providing Site materials to minors.
- 3.2.2. Posting advertisements and contact information on the Site, including links to other internet resources.
- 3.2.3. Using profanity, insulting other Users, or inciting national, social, religious, or any other forms of hatred or extremism on the Site.
- 3.2.4. Publishing insults, defamation, obscene language, pornographic or other immoral materials; materials demonstrating or promoting cruelty, terror, or violence; materials insulting human dignity; or any other materials that violate applicable law.
- 3.2.5. Publishing materials that infringe on copyrights, trademark rights, privacy, or other personal or property rights of third parties.
- 3.2.6. Modifying, copying, or distributing any information posted on the Site in any form without prior permission from the owner of such information.
- 3.2.7. Using automated programs (scripts, bots) to collect information on the Site and/or interact with the Site without the Administration's prior written consent.
- 3.2.8. Engaging in solicitation or procurement activities.
- 3.2.9. Impersonating an administrator or moderator of the Site.
- 3.2.10. Violating any other prohibitions and restrictions established by applicable law.
3.3 The Administration has the right to:
- 3.3.1. Modify the Site at its discretion.
- 3.3.2. Provide paid and free services to Users.
- 3.3.3. Make changes to this Agreement unilaterally. The Administration will inform Users of changes by posting the updated version of the Agreement on the Site. The new version of the Agreement takes effect from the moment of its publication on the Site.
- 3.3.4. Change the cost and types of Services, their duration; suspend or discontinue any Service at any time; restrict availability of the Site or any part thereof — without notice or obligation. Transfer of funds from one User to another is not supported.
- 3.3.5. Modify or delete materials published by the User on the Site if they do not comply with this Agreement, harm the reputation of the Site or third parties, or are otherwise deemed unacceptable by the Administration.
- 3.3.6. Refuse to provide Services to Users who violate this Agreement. In such cases, amounts paid for Services are non-refundable.
- 3.3.7. Use information about the User, as well as materials published by the User on the Site that are publicly available, for purposes including the development of promotional materials, placement of materials on partner websites, and other purposes.
- 3.3.8. Transfer rights obtained from the User under this Agreement to third parties for the purpose of fulfilling this Agreement without the User's additional consent.
- 3.3.9. Send emails to the User for the purpose of informing about changes and additions to the Site's services, providing electronic receipts for services rendered, and for notification purposes.
- 3.3.10. At any time restrict or close any section of the Site without prior notice and without liability for termination of access.
- 3.3.11. Delete an Account if the User has not used the Site for one year.
- 3.3.12. Deny the User access to the Site without explanation.
4. Registration and Use
4.1
Registration on the Site is free. To register, the User need only provide a name, age, gender, email address and/or phone number (at the Administration's discretion), and a password.
4.2
To create a personal page (hereinafter referred to as a “Profile”), the User provides their data to the Administration, for the accuracy of which the User bears personal responsibility. After the User's data is approved and the User accepts this Agreement, the Administration provides the User with an Account and access to the Site.
4.3
After registration, the User must confirm the email address provided during registration.
4.4
To prevent multiple registrations, the Administration may require the User to verify their phone number. In this case, the User consents to the Administration sending verification SMS messages to their mobile phone and bears personal responsibility for ensuring that the phone number provided is correct and belongs to them.
4.5 Account Tiers
After registration, the User receives Free status, which provides basic Site functionality:
- 1 story post per month
- 50 profile views per month
- 50 likes per month
- 1 Super Like per month
- See who liked you
- Unlimited matches and chats
Premium status provides the following benefits:
- 15 story posts per month
- Unlimited profile views
- Unlimited likes
- 10 Super Likes per month
- See who liked you
- Unlimited matches and chats
- Dates in the Travel and Restaurants section
- 15 minutes of profile promotion to the top of the Site
- 15 minutes of story promotion to the top of the Site
VIP status provides the following benefits:
- 30 story posts per month
- Unlimited profile views
- Unlimited likes
- 15 Super Likes per month
- See who liked you
- Unlimited matches and chats
- Dates in the Travel and Restaurants section
- 30 minutes of profile promotion to the top of the Site
- 30 minutes of story promotion to the top of the Site
Additional Services:
- Top Profile — promotes your profile to the top for 15 minutes from the moment of payment
- Top Story — promotes your story to the top for 15 minutes from the moment of payment
- Hourly Premium — provides Premium benefits for 15 minutes from the moment of payment
- Super Like — grants 5 Super Likes from the moment of payment
5. Payment Terms
5.1
Payment for paid Services is made by credit/debit card or through other payment methods available on the Site.
5.2
When paying by card, you will need to enter your card number, expiration date, and CVV/CVC code. After entering card details, you may be required to confirm the payment using a verification code.
5.3
Payment card security is guaranteed by a certified PCI DSS-compliant processing center. Card details are not accessible to the Site — processing is performed on the processing center's side and is fully protected.
Pricing:
- Premium — $19.99
- VIP — $39.99
- Top Profile — $1.99
- Top Story — $1.99
- Hourly Premium — $2.99
- Super Like — $4.99
Prices may vary when paying through mobile application payment systems (App Store, Google Pay). The exact price depends on the payment system and is displayed on the payment page.
5.4
Statuses are provided for one calendar month from the date of payment. Top Profile, Top Story, and Hourly Premium services are provided for 15 minutes from the moment of payment. Super Like service is provided for 3 months from the moment of payment.
5.5 Automatic Renewal (Subscription)
Some Services may include automatic renewal. By using such a Service, the User agrees to automatic renewal with automatic debiting of funds for the subsequent service period in full, in advance, on the expiration date of the previous service period.
- 5.5.1. The subscription renews automatically until the User cancels it. Upon cancellation, the Service will be deactivated at the end of the paid period.
- 5.5.2. Funds spent on subscription payments are non-refundable. Subscriptions cannot be exchanged for money, paused, or transferred to a third party.
- 5.5.3. Non-use of the Site or loss of account access are not valid reasons for a refund or free extension of a subscription.
- 5.5.4. The User may change the payment method or cancel the subscription at any time by changing settings in their profile.
6. Limitation of Liability
- 6.1. Site Services are provided on an “as is” basis. The Administration does not guarantee that the Site's services will meet the User's requirements or be provided without interruption or errors.
- 6.2. The Site may contain links to other resources. The Administration is not responsible for the content of such resources.
- 6.3. The User acknowledges that any use of information obtained through the Site is at the User's own risk.
- 6.4. The User is responsible for all actions performed using their Account, including actions by third parties.
- 6.5. In the event of a violation of any part of this Agreement, the Administration may deny the User access to the Site. Amounts paid for Services are non-refundable in such cases.
- 6.6. The Administration is not liable for: the functioning of the User's computer and software; internet connectivity issues; the content, accuracy, or reliability of materials published on the Site; infringement by the User of third-party rights through materials published on the Site; or any harm, damage, or losses incurred by any persons while using the Site.
7. Term of the Agreement
- 7.1. This Agreement takes effect from the moment of its acceptance and remains in force for an indefinite period. The terms of the Agreement remain in effect even after the User stops visiting and using the Site.
- 7.2. The Administration may terminate this Agreement and immediately revoke access to the Site if the User violates any term of this Agreement. Either party may also terminate the Agreement at its discretion.
- 7.3. Termination of the Agreement shall not affect rights obtained by the Parties during the term of the Agreement.
- 7.4. The Administration shall not be liable in the event of inability to fulfill obligations under this Agreement if such inability results from unforeseen circumstances beyond the reasonable control of the Parties, including but not limited to internet or communication failures, fires, military actions, floods, or other natural disasters.
8. Miscellaneous
- 8.1. If any provisions of this Agreement are found to be unenforceable, such provisions shall be applied to the extent possible in a manner most consistent with the intent of the Parties, and the remaining provisions shall remain in full force and effect.
- 8.2. In the event of disputes or disagreements related to this Agreement, the User and the Administration shall make every effort to resolve them through negotiation.
- 8.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.