END USER LICENSE AGREEMENT

Last updated June 24, 2022

Honeydew(hereinafter: Application or App) is licensed to You (End-User) by Honeydew Technologies Inc., located at 4340 Bloor St., Etobicoke, ON M9C2A6, Canada (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore and Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Honeydew Technologies Inc., not Apple or Google, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of ServiceHoneydew Technologies Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.

THE APPLICATION

Honeydew is a piece of software created to help build and manage relationships. Honeydew is a dating application that uses personality traits to match and introduce people - and customized for Apple and Google mobile devices. It is used to Meet new people The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

HONEYDEW RULES

Before you can use the Application, you will need to register for an account (“Account”). In order to create an Account you must:

1. be at least 18 yearsold or the age of majority to legally enter into a contract under the laws of your home country;
2. and be legally permitted to use the App by the laws of your home country.

TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

1. content that you upload and provide (“Your Content”);
2. content that members provide (“Member Content”); and
3. content that the Honeydew Technologies Inc. provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we can`t allow on Honeydew

We want our users to be able express themselves as much as possible and post all sorts of things on Honeydew, but we have to impose restrictions on certain content which:

• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
• is defamatory or libellous;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, 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 programmes 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 Bumble or otherwise;
• itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent;
• is harmful to minors; or
• impersonates any other person, including falsely stating your name.

Honeydew operates a zero-tolerance policy for this kind of content.

Your Content

You agree that Your Content must comply with our Guidelines, as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post! You may not display any personal contact or banking information on your individual profile page 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 do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. As Honeydew Technologies Inc. is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the Application (e.g. individuals who receive a link to a user’s profile or shared content from other Honeydew Users). By uploading Your Content on Honeydew, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content - if it’s important, you should make a copy. So that we can prevent the unconsented use of Your Content by other members or third parties outside of Honeydew, you authorise us to act on your behalf with respect to such infringing and/or unauthorised uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Honeydew.

Member Content

Other members of Honeydew will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content. You do not have any rights in relation to other users’ Member Content, and you may only use other Honeydew users’ personal information to the extent that your use of it matches Honeydew’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Honeydew, as well as the Honeydew software and database(s), are owned, controlled or licensed by Honeydew Technologies Inc.and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions: you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App; you shall not use our name in metatags, keywords and/or hidden text; you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and you shall use Our Content for lawful purposes only. We reserve all other rights. No Obligation to Pre-Screen Content. Since Honeydew is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.

SCOPE OF LICENSE

1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2. This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
3. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Honeydew Technologies Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
4. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Honeydew Technologies Inc.'s prior written consent).
5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
7. Licensor reserves the right to modify the terms and conditions of licensing.
8. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

TECHNICAL REQUIREMENTS

1. The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
2. Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above
4. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

MAINTENANCE AND SUPPORT

1. The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
2. Honeydew Technologies Inc. and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://www.honeydewdating.com/privacy-policy.html.

LIABILITY

1. Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

WARRANTY

1. Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
2. No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Honeydew Technologies Inc's sphere of influence that affect the executability of the Application.
3. You are required to inspect the Application immediately after installing it and notify Honeydew Technologies Inc. about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
4. If we confirm that the Application is defective, Honeydew Technologies Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. or over the air updates
5. In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
6. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

PRODUCT CLAIMS

Honeydew Technologies Inc. and the End-User acknowledge that Honeydew Technologies Inc, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

LEGAL COMPLIANCE

You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Honeydew Technologies Inc.
4340 Bloor St, APT 703
Etobicoke, ON M9C2A6
Canada
info@honeydewdating.com

TERMINATION

The license is valid until terminated by Honeydew Technologies Inc. or by You. Your rights under this license will terminate automatically and without notice from Honeydew Technologies Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Honeydew Technologies Inc. represents and warrants that Honeydew Technologies Inc. will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

INTELLECTUAL PROPERTY OF RIGHTS

Honeydew Technologies Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Honeydew Technologies Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

APPLICABLE LAW

This license agreement is governed by the laws of the Provice of Ontario excluding its conflicts of law rules.

MISCELLANEOUS

1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.