PROMISE Terms of Use Agreement

Last updated February, 2021

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON «SIGN UP» OR «TAKE A CHANCE» BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY PROMISE AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.

1. Eligibility. By registering on PROMISE, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on PROMISE is void where prohibited. By using PROMISE, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
2. Term. This Agreement will remain in full force and effect while You use PROMISE and/or are a Member of PROMISE. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by PROMISE customer support staff. PROMISE may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to PROMISE. Upon termination by PROMISE without cause, You shall receive a refund, pro rata, of any paid fees that PROMISE has received from You. If Your membership with PROMISE is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall PROMISE be liable to You, for any refund of unused fees for using PROMISE or its additional Services. Unused credits expire 365 days after their purchase date. Used credits are non-refundable, except as provided in this Agreement or Safety and Security Policy. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
3. Non-Commercial Use by Members. PROMISE is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service. Illegal and/or unauthorized use of the Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with PROMISE. You further guarantee and warrant that You will not use the Application for any commercial purposes, and/or send or receive funds thorough the Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Application and services, provided on the Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content. PROMISE owns licenses or otherwise retains all intellectual property rights in the Application. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of PROMISE and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted at PROMISE:
1. You understand and agree that PROMISE may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of PROMISE violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
2. You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Application, or transmit to other Members.
3. By posting Content to any public area of the Application You automatically grant, represent and warrant that You have the right to grant to PROMISE an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
4. The following is a partial list of Content that is illegal or prohibited in the Application. PROMISE reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:

■ is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

■ harasses or advocates harassment of another person;

■ involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;

■ promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

■ promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;

■ contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

■ publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);

■ provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

■ provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;

■ solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

■ engages in commercial activities and/or sales without PROMISE prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

5. You must use the Service in a manner consistent with any and all applicable laws and regulations. Your Content must comply with applicable international,national and local laws and regulations.
6. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
7. You may not engage in advertising to, or solicitation of, other Members and/or Registered Non-Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although PROMISE cannot monitor the conduct of its Members off the Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, PROMISE reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PROMISE deems appropriate in its sole discretion.
8. You may not collect data from PROMISE either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on PROMISE. You may not collect data from PROMISE authorized zones by any other means including manual collection of data.
9. To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
10. PROMISE reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section 5 including without limitation removing the offending communication from the Service and terminating the membership of such violators.
5. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply PROMISE's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located in the Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
6. Member Disputes. You are solely responsible for Your interactions with other PROMISE Members/Registered Non-Members. PROMISE reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered Non-Members.
7. Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from PROMISE, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.

○ Messaging Frequency no more than 10 messages a week;

○ Messaging & Data rates may apply;

○ If You wish to stop receiving messages reply “stop” to the received from PROMISE message (sms).

9. Use of the Application and/or the Service is also governed by PROMISE's Privacy Policy.
10. Disclaimers. PROMISE PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. PROMISE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PROMISE DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. PROMISE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, PROMISE cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. PROMISE is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. PROMISE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. PROMISE is not responsible for any incorrect or inaccurate Content posted on the Application or in connection with the Service, whether caused by users of the Application, Members or by any of the equipment or programming associated with or utilized in the Service. PROMISE is not responsible for the conduct, whether online or offline, of any user of the Application or Member of the Service. PROMISE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. PROMISE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Applications, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will PROMISE be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Application or the Service, any Content posted on the Application or transmitted to Members/Registered Non-Members, or any interactions between users of the Application, whether online or offline.
11. Suppliers. To provide the Service, PROMISE may purchase services from various third parties (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of PROMISE. PROMISE is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, PROMISE is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:

1. Suppliers provide full, accurate and legitimate information required for the registration of the Members at PROMISE prior to their registration according to the terms of Agreement.
2. Suppliers provide full, correct and quality translation of all correspondence of their Members.
3. Suppliers provide additional services in accordance to the terms of their agreement with PROMISE.
4. Any additional services requested by PROMISE Members, which fall into the Suppliers scope of activity, but not defined by PROMISE terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.

PROMISE is not in any way responsible for the quality of any additional services provided by the Suppliers. The Application and the Service are provided «as is» and PROMISE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PROMISE cannot guarantee and does not promise any specific results from use of the Application and/or the Service.

12. Members. PROMISE does not influence the relationships between Members of the Application. Members may terminate their membership with PROMISE at any time. Deactivation of profiles of Members of PROMISE is governed by the following:
1. In the event a Member is no longer interested in the Services, PROMISE customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, PROMISE customarily issues no more than 10 credits back to the Correspondent for such a Correspondents last letter to the deactivated Member.
2. In the event a Member had requested his/her profile to be deleted from PROMISE for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member's profile, as it would be in violation of PROMISE's Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his correspondence with such a Member. PROMISE may, at its discretion, issue 10 credits back to Correspondent's account for Correspondent's last letter to the Member, if this letter was the last one in their correspondence.
3. In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
4. In the event, a Member had been reported for inappropriate activities, PROMISE may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed PROMISE of such Member's inappropriate activity by providing incontrovertible evidence of same.
5. In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Application provided that PROMISE, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. PROMISE may issue a partial refund to the Correspondent who provided such information.

PROMISE operates in full compliance with the International Marriage Broker Law (IMBRA).

13. Rights of Registered Non-Members/Purchase of Membership/Additional Purchases. Upon registering in the Application, a Registered Non-Member shall have 1 (one) calendar month to purchase a membership («Trial Period»). During the Trial Period, You shall have access to the following Services:
1. Browsing of Members profiles;
2. Inclusion of Your profile in PROMISE's database and searchability by other Members;
3. Ability to make changes to Your profile
4. Ability to read messages;
5. Ability to respond to messages from Members with a positive balance on the account;
6. Ability to purchase membership.

In the event You fail to purchase Your membership during the Trial Period, your profile shall be de-activated, and You shall lose all access to the Services, provided however, that You shall retain the ability to purchase membership at any time

Upon purchase of membership, a Registered Non-Member shall become a Member and shall have access to all Member privileges. All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at promisedating@gmail,com. If You cancel Your membership, You may use your membership until the end of Your then-current membership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

By purchasing the 1 (one) calendar months membership, You authorize PROMISE to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications PROMISE sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless PROMISE notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership 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 membership fees. Upon the renewal of Your membership, if PROMISE does not receive payment, You agree that PROMISE may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).

Membership starts with a discounted fee for the first month and the standard fee as clarified here for each following month.

By subscribing to our monthly membership, you will receive the following benefits:

6. A showcase of your account to all members during the membership period
7. 10 free Live Chat sessions limited to 3 minutes each
8. First offline introduction messages to any member are free. We also offer several credit packages with the special prices per credit. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.

Price of services:

○ Message sending costs 1 credit per message (160 symbol limit);

○ Email costs 10 credits each;

○ Sending/viewing photos or videos costs 15 credits each;

○ Sending stickers costs 5 credits each;

○ Sending animated smilies costs 1 credits each;

○ Sending gifts in Live Video costs from 5 to 1000 credits each;

○ Sending personal message in Live Video costs 1 credits each;

○ Viewing video in profile costs 10 credits each.

At our sole discretion we may offer you extended scope of Membership, provided that we may overturn or change this extended scope of Membership at any time. The extended scope of Membership may additionally include the following:

17. Free chats, video chats, emails, offline messages, mobile app messages with the other Members, except Popular Members (as defined below);
18. Sending/viewing photos or videos to other Members, except PopularMembers, and viewing video in profile of other Member, except Popular Members, free of charge

Popular Members are the members that are marked with sign “Popular Member” and/or with lightning icon.

Every Member is entitled to qualify as Free Member. Free Members are entitled to use Services free of charge. To qualify as a Free Member a Member should:

○ Make at least one purchase of credits;

○ get through the qualifying process by pressing «Qualify as free member» button and submitting all the required information;

○ accept Communication Policy.

Free Membership will become available after the review of Your profile by the Company. If Your profile qualifies for Free Membership You will be provided with a promo-code. If Your profile doesn’t qualify for Free Membership Your application will be rejected. At any time, Company may terminate Your Free Membership with or without any reason with or without any notice to You.

14. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will PROMISE be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if PROMISE knows or has been advised of the possibility of such damages. PROMISE is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, PROMISE’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to PROMISE for the Service during the term of membership.
15. U. S. Export Controls. Software from the Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Disputes. You acknowledge that the transactions involving your purchase of products or services took place in the country of incorporation of the Company. Any dispute or claim relating in any way to your visit to the Application or to products or services sold or distributed by PROMISE will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.

The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You will attempt to resolve all disputes with respect to the Services through communication with PROMISE’s customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section. Please also note should you chargeback any transactions billed to your account, PROMISE may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and PROMISE’s privacy policy will therefore not restrain any such disclosures.

17. Indemnity. You agree to indemnify and hold PROMISE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to PROMISE or transmit to the Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
18. Other. This Agreement, accepted upon use of the Application and further affirmed by becoming a Member and/or Registered Non-Member of the Service, contains the entire Agreement between You and PROMISE regarding the use of the Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.