1. Acceptance of Terms of Use Agreement
By downloading the HolMe software or using, accessing, or purchasing products and services from HolMe, you acknowledge that you have read, understood, and agreed to be bound by the terms.
You acknowledge that the agreement is between you and us and not with the App Store/Google Play. Each App Store/Google Play may have its own terms and conditions to which you must agree before using or accessing HolMe or downloading the HolMe software.
If you do not accept and agree to be bound by all the terms of the agreement and the applicable terms and conditions of the respective App Store/Google Play, please do not access or use HolMe.
2. Account Eligibility; Your Responsibilities
Before you create an account on HolMe, make sure you are eligible to use our services. This section also details what you can and can’t do when using the services, as well as the rights you grant HolMe.
(1) By using our Services, you represent and warrant that:
• You are at least 18 years old;
• You are legally qualified to enter a binding contract with HolMe;
• 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;
• You are not on any list of individuals prohibited from conducting business with the United States; You are not prohibited by law from using our services;
• You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
• If at any time you cease to meet these requirements, you must immediately delete your account.
(2) You agree to:
• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website and/or App;
• Treat other users in a courteous and respectful manner, both on and off our Services;
• Be respectful when communicating with any of our customer care representatives or other employees;
• Review the Safety Tips;
(3) You agree that you will not:
• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
• Violate the terms of the license granted to you by HolMe(see Section 6 below).
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without HolMe’s prior written consent;
• Express or imply that any statements you make are endorsed by HolMe;
• Use any robot, crawler, site search/retrieval application, a proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• "Frame" or "mirror" any part of our Services without HolMe’s prior written authorization;
• Use meta tags or code or other devices containing any reference to HolMe or the platform (or any trademark, trade name, service mark, logo or slogan of HolMe) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
• Use, access, or publish the HolMe application programming interface without our written consent; Probe, scan or test the vulnerability of our Services or any system or network;
• Encourage, promote, or agree to engage in any activity that violates these Terms.
• Prohibited Content—HolMe prohibits uploading or sharing content that:
• Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Is defamatory, libelous, or untrue;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, "sugar mummy""sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);
• Involves the transmission of "junk" mail or "spam";
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from HolMe or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
• May harm the reputation of HolMe or its affiliates.
• The uploading or sharing of content that violates these terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
3. Content
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our services, you will have access to:
• content that you upload or provide while using our Services ("Your Content");
• content that other users upload or provide while using our services ;
In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
(1) Your Content
You are responsible for your content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that your content may be viewed by other users, and, notwithstanding these terms, other users may share your content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review your content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review your content.
(2) Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to our content remain with us at all times.
We grant you a limited license to access and use our content as provided under Section 6 below, and we reserve all other rights.
4. Inappropriate Content and Misconduct; Reporting
HolMe does not tolerate inappropriate content or behavior on our services.
We are committed to maintaining a positive and respectful HolMe community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the services. We encourage you to report any inappropriate member content or misconduct by other users. You can report a user directly through the "Report a Concern" link on a user’s profile or at the bottom of every email.
5. Privacy
Privacy is important to us. We have a separate policy about it that you should read.
For information about how HolMe collects, uses, and shares your personal data, please read our Privacy Policy. By using our services, you agree that we may use your personal data in accordance with our Privacy Policy.
6. Rights You Are Granted by HolMe
HolMe grants you the right to use and enjoy our services, subject to these terms.
For as long as you comply with these terms, HolMe grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our services for purposes as intended by HolMe and permitted by these terms and applicable laws.
7. Rights You Grant HolMe
You own all of the content you provide to HolMe, but you also grant us the right to use your content as provided in this agreement.
By creating an account, you grant to HolMe a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute your content.
You agree that HolMe may access, preserve, and disclose your account information, including your content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these terms; (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.
8. Purchases and Automatically Renewing Subscriptions
You will have the opportunity to purchase products and services from HolMe. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.
HolMe may offer products and services for purchase through the App Store, Google Play (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our services may be utilized without a subscription, canceling your subscription does not remove your profile from our services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
(1) External Service Purchases and Subscriptions
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the service, you may have the option to pay through an External Service, such as with your Apple ID or Google account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the app from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not HolMe. To cancel a purchase made with your Apple ID, go to Settings > Tap your name > Tap Subscriptions > Tap the subscription, then find your HolMe subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your HolMe subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
(2) Virtual Items
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as "Coins" ("Virtual Item(s)") from HolMe. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when HolMe ceases providing our Services, or your account is otherwise closed or terminated.
HolMe, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. HolMe may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. HolMe shall have no liability to you or any third party in the event that HolMe exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual items may only be redeemed through our services.
All purchases and redemptions of Virtual Items made through our services are final and non-refundable. You acknowledge that HolMe is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary.
(3) Refunds
Generally, all purchases are non-refundable. 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 refunds.
Purchases of Virtual Items are final and non-refundable.
If any of the above applies to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not HolMe. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at https://getsupport.apple.com.
9. Account Termination
If you no longer wish to use our services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the app, going to "Settings," and following the instructions to delete your account. However, you will need to cancel/manage any external service purchases through your external service account (e.g., App Store, Google Play) to avoid additional billing.
HolMe reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these terms, misused our services, or behaved in a way that HolMe regards as inappropriate or unlawful, on or off our services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the services.
If your account is terminated by you or by HolMe for any reason, these terms continue and remain enforceable between you and HolMe, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our privacy policy.
10. No Criminal Background or Identity Verification Checks
HolMe does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.
You understand that HolMe does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. HolMe makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. HolMe reserves the right to conduct—and you authorize HolMe to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.
You are solely responsible for your interactions with other users. Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following the safety tips and other sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the service, including automatic notifications sent by HolMe, may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
Though HolMe strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off 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.
11. Disclaimer
HolMe’s services are provided "as is," and we do not make, and cannot make, any representations about the content or features of our services.
Please be acknowledged that HolMe is only available on Google Play and the App Store for mobiles only. We do not have any other PC websites or applications.
HolMe does not accept any liability for any damage caused by other third parties.
HolMe does not participate in dispute settlement procedures before consumer arbitration boards. In this respect, there is no legal obligation.
HolMe is not responsible for any incorrect or inaccurate content posted on the website or in connection with the service, regardless of whether it is caused by users of the website, members, or by devices or programs connected to the service or used in this service.
HolMe is not responsible for the online or offline behavior of a user of the website or a member of the service. HolMe is not responsible for errors, interruptions, deletions, defects, operating or transmission delays, communication line failure, theft or destruction, or unauthorized access to or changes in user or member communications.
HolMe is not responsible for problems or technical malfunctions in telephone networks or lines, online computer systems, servers or providers, computer equipment, software, email, or player failure due to technical problems or traffic jams on the Internet or on websites or a combination thereof, including injuries or damage to users and/or members or someone else's computer related to or resulting from participation or downloading of materials related to the website and/or service.
In no event will HolMe be responsible for any loss or damage, including personal injury or death, arising from the use of the website or the service, content published on the website or transmitted to members, or interactions or contacts between users of the website, whether online or offline.
12. Limitation of Liability.
HolMe’s liability is limited to the maximum extent by applicable law.
To the fullest extent permitted by applicable law, in no event will HolMe, 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 services, (ii) the conduct or content of other users or third parties on, through, or following use of the services; or (iii) unauthorized access, use, or alteration of your content, even if HolMe has been advised of the possibility of such damages. In no event will HolMe’s aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to HolMe for the services while you have an account.
The limitation of liability provisions set forth in this Section 13 shall apply even if your remedies under this agreement fail with respect to their essential purpose.
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.
13. Indemnity by You
You agree to indemnify HolMe if a claim is made against HolMe due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless HolMe, our affiliates, and their and our respective officers, directors, 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 our services, your content, your conduct toward other users, or your breach of this agreement.
14. Acceptance of Terms
By using our services, you accept the terms of this agreement.
By using our services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these terms, which we may amend from time to time, (ii) our privacy policy and cookie policy, and (iii) any additional terms upon purchase. If you do not accept and agree to be bound by all of the terms of this agreement, please do not use our services.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any requirement. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
15. Entire Agreement
This agreement supersedes any previous agreements or representations.
These terms, with the Privacy Policy, Cookie Policy, and any additional terms upon purchase, contain the entire agreement between you and HolMe regarding the use of our services. The terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these terms is held invalid, illegal, or otherwise unenforceable, the remainder of the terms shall continue in full force and effect. The failure of the company to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. You agree that your HolMe account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these terms, and you may not make any representations on behalf of or bind HolMe in any manner.