Terms & Conditions

General Terms

By accessing and using the Diamour mobile application, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire Diamour app and any email or other communication between you and Diamour.

Under no circumstances shall the Diamour team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Diamour app, even if the Diamour team or an authorized representative has been advised of the possibility of such damages. If your use of the Diamour app results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Diamour will not be responsible for any outcome that may occur during the course of usage of our Services. We reserve the right to revise the Services and these terms at any time.

License

Diamour grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Diamour (referred to in these Terms & Conditions as "Diamour", "us", "we" or "our"), the provider of the Diamour mobile application and the services accessible through the app (collectively, the "Diamour Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Diamour Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and Key Terms

• Company: "Company," "we," "us," or "our" refers to DiamourApp Incorporated,Ottawa, ON, Canada.
• Country: Canada.
• Device: any internet-connected device such as a phone or tablet that can be used to access the Diamour app and use the Services.
• Service: the services provided by Diamour through the Diamour app.
• Third-party service: advertisers, promotional and marketing partners, and others who provide content or services we think may interest you.
• App/Application: the Diamour mobile application.
• You: a person or entity that is registered with Diamour to use the Services.

Eligibility

You must:

• Be 18 years or older.
• Have the legal capacity to enter into a binding agreement.
• Use your real identity and accurate information.
• Not be prohibited from using online dating platforms under any applicable law.

We may request verification (ID, photo, phone number) where necessary for safety and fraud prevention.

Account Registration & Security

• You agree to provide true, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorized access or suspicious activity.
• Diamour reserves the right to refuse, suspend, or terminate accounts at our discretion.

Community Standards & User Conduct

To maintain a respectful and safe community, you agree to the following standards.

Prohibited Conduct

You agree NOT to:

• Use false identities, fake photos, or impersonate another person.
• Harass, threaten, manipulate, or abuse other users.
• Engage in fraud, scams, catfishing, solicitation, or spam.
• Request or send money to or from users.
• Post explicit sexual content, nudity, or graphic images.
• Promote hate speech, violence, or discrimination.
• Advertise commercial products or services without our written consent.
• Share another user's personal information without permission.

Required Conduct

You agree to:

• Treat others with dignity and respect.
• Use the Services responsibly.
• Comply with all local and international laws.
• Report harmful or suspicious activities through the in-app report tools or via email.

We may moderate content, remove content, or ban accounts that violate these rules.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make the app available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Diamour or its affiliates, partners, suppliers or the licensors of the app.

Payment

Diamour does not accept or process payments directly. All purchases made within the Diamour app — including subscriptions and any other paid features — are processed by Apple (App Store) or Google (Google Play) under their respective terms.

Diamour does not collect, store, or process your payment information. Your transaction is governed by your agreement with Apple or Google, and you must refer to those agreements to determine your rights and liabilities with respect to billing, payment methods, and account changes.

Subscription pricing, billing cycles, renewal, and cancellation are managed through your Apple ID or Google Account. You can manage or cancel a subscription at any time through your device's subscription settings.

Diamour reserves the right to change subscription pricing and offerings at any time, subject to Apple's and Google's policies. Any third-party fees you incur in connection with use of the Service are your responsibility.

Refunds

Diamour does not process refunds directly. All refund requests must be submitted to Apple or Google through their respective support channels, in accordance with their refund policies:

• Apple: https://support.apple.com/en-us/HT204084
• Google Play: https://support.google.com/googleplay/answer/2479637

We are unable to issue refunds on behalf of Apple or Google.

Apple App Store Additional Terms (EULA)

The following terms apply to your use of the Diamour app obtained from the Apple App Store ("App Store Sourced Application"):

• You acknowledge that these Terms & Conditions are between you and Diamour only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App Store Sourced Application or its content.
• The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the application on any iOS device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store Sourced Application.
• Diamour, not Apple, is responsible for addressing any claims relating to the App Store Sourced Application, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Diamour, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App Store Sourced Application.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms & Conditions, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions against you as a third-party beneficiary.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions ("Suggestions") provided by you to Diamour with respect to the app shall remain the sole and exclusive property of Diamour. Diamour shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Your Consent

By using our app, registering an account, or making a purchase, you hereby consent to these Terms & Conditions.

Links to Other Apps or Websites

The Services may contain links to third-party websites or services not operated or controlled by Diamour. We are not responsible for the content, accuracy or opinions expressed on such third-party properties. Your interaction with any third-party property is subject to that third party's own rules and policies.

Changes To Our Terms & Conditions

You acknowledge and agree that Diamour may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Diamour's sole discretion, without prior notice. You may stop using the Service at any time. If Diamour disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.

If we decide to change our Terms & Conditions, we will update the modification date and notify you through the app where appropriate.

Modifications to Our App

Diamour reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.

Updates to Our App

Diamour may from time to time provide enhancements or improvements to the features or functionality of the app, including patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that Diamour has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party services ("Third-Party Services").

You acknowledge and agree that Diamour shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Diamour does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Diamour.

Diamour may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Diamour, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your device.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your device.

Termination of this Agreement will not limit any of Diamour's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under this Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement of your copyright, please contact us with the following information:

1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. identification of the material claimed to be infringing;
3. your contact information, including your address, telephone number, and an email;
4. a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and
5. a statement that the information in the notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Diamour and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Diamour, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Diamour provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Diamour and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app through Apple or Google.

To the maximum extent permitted by applicable law, in no event shall Diamour or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app), even if Diamour or any supplier has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein.

Amendments to this Agreement

Diamour reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Diamour.

Entire Agreement

This Agreement constitutes the entire agreement between you and Diamour regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Diamour.

Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Diamour, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Diamour. Any unauthorized use of the material is prohibited.

Governing Law

This Agreement shall be governed by and construed in accordance with the federal laws of Canada and the laws applicable therein, without regard to its conflict of law principles.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR DIAMOUR'S INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Diamour concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.

Notice of Dispute

In the event of a dispute, you or Diamour must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: support@diamour.app. Diamour will send any Notice of Dispute to you by email. You and Diamour will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Diamour may commence arbitration.

Binding Arbitration

If you and Diamour do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration administered under the Canadian federal Commercial Arbitration Act and the rules of the ADR Institute of Canada. The seat of arbitration shall be Ottawa, Ontario, Canada, and the language of arbitration shall be English. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Diamour without any compensation or credit to you whatsoever.

Promotions

Diamour may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. All Promotions may be governed by separate rules. You are responsible for reading all Promotions rules to determine whether you are eligible to participate.

Typographical Errors

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Diamour. Diamour will 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. Diamour operates and controls the Diamour Service from its offices in Canada. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Disclaimer

Diamour is not responsible for any content, code or any other imprecision. Diamour does not provide warranties or guarantees.

In no event shall Diamour be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

The Diamour Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied.

Contact Us

Don't hesitate to contact us if you have any questions.

Email: support@diamour.app