Terms of Service

WHO WE ARE

Apricot PC is a Greek company seated at Athens, Greece

Apricot PC ("Apricot" or "we" "our" or "us") owns and controls Asappien services and provides access to our website, at the url: https://asappien.com (the "Website"), and the application under the name Asappien (the “Application”). The Website and the Application shall be hereinafter referred to as the "Services".

THIS AGREEMENT

In order to access the Apricot Website and Application you are requested to accept and conform to this Agreement, otherwise you will not have access to our Services. The Terms of Services set forth below governs your use of the Apricot Services and the Privacy Policy available here discloses the ways we process your personal information, the purposes of processing and your rights. The Terms of Services and the Privacy Policy consist a sole and undivided legal document, hereinafter referred to as the “Agreement”.

TERMS OF SERVICES

1. OUR SERVICES

1.1. Apricot operates an application (hereinafter referred to as “Asappien” or “Application”), through which a user (the "User” or "You") may interact with other users of the Application that are located within a defined distance and are looking for engaging in the defined activities (e.g. sports) and/or have the same interests. The Application offers also suggestions regarding products, activities and social interaction based on the use of the Application by You.

1.2. By signing up to the Application a User can search for other users with common interests who wish to engage in similar activities as you. The User sets the targeting criteria and the Application serves the respective information shared by other users to their Account.

1.3. The User has to register a phone number (or apple id, or google account), their birthday, their first name and a profile photo when they create an Asappien account (“Account”). You may optionally add other information to your Account, such as an email, a profile name (“Asappien Tag”), your studies, your nationality and a small bio about yourself.

1.4. You agree to provide only true and accurate information. You further acknowledge that you will control your Account and that you are liable for any unlawful act occurring under your Account. You are responsible for maintaining the confidentiality of your password or account information, and for restricting access to your device (computer, smart phone etc). You further take full responsibility for all actions and activities performed through your Account. You should inform Apricot for any unauthorized use of your account or any breach of security. Apricot staff may login to your account from time to time for maintenance or assistance purposes.

1.5. During use of the Application you shall be given the chance to opt in or opt out (depending on the module of the Application) from group chats, to send instant messages to your application contacts, to search for people through their Asap Tag, to receive recommendations for proposed venues, events and activities depending on your recent activity. In case that you want to opt out from either of the above you should stop using the Application.

2. CHARGES & PAYMENTS

2.1. The use of Services is free of charge. However, in case that You wish to proceed with purchases of services or products offered by third parties through the Application the respective charges of each such party shall apply, while Apricot does not process any payments and bears no

responsibility for any kind of charges or costs imposed by any third party or any loss or damage caused to the User due to or during the purchase of any product or service offered through the Application but offered by a third party.

3. WARRANTIES AND OBLIGATIONS

In order to be entitled to use or continue to use the Services, You acknowledge and You warrant that You comply and you shall continue to comply with the following:

3.1. You shall not use the Services to transmit content that is unlawful or encourages or supports illegal activities, including (but not restricted to) content which may

3.1.1. be defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic.

3.1.2. infringe intellectual property rights of others or may harm the right of privacy or any other right of any party.

3.1.3. infringe applicable data privacy legislation including legislation on the protection of minors.

3.2. you will not misuse the Services or insert files that contain viruses

3.3. you will not engage in any fraudulent or deceptive activity while using the Services, such as indicatively acts of virtual impersonation of allegedly different account operators, use of external machines for purposes of false impersonation etc. Where such activity is detected by Apricot’s monitoring mechanisms, Apricot may, at its own discretion, immediately block any further use of the Services, disable any fraudulent account, recall all possible offers, benefits of which the perpetrator(s) may have taken advantage by means of the mentioned prohibited activity and request from perpetrator(s) to immediately compensate Apricot for any caused damage, harm, or loss of profit.

4. INDEMNIFICATION

4.1. You hereby indemnify and hold Apricot harmless and agree to defend against any third party claim or action brought against Apricot or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) regarding the: (a) breach of any warranty, representation, covenant or agreement made by you in this Agreement; b) misuse of the Services; c) violation of any third party rights

4.2. In case of a claim, You must (a) promptly notify Apricot in writing of any third-party claim; (b) reasonably cooperate with Apricot in the defence of the matter; and (c) give Apricot primary control of the defence of the matter and negotiations for its settlement, at Your own expenses.

5. DISCLAIMER

5.1. Without limitation of anything else set forth in the present agreement You understand and agree that Apricot further limits its liability in connection with as sets forth below:

5.2. The Services including without limitation, all content of the Website and the Application as well as the service and the functions made available on or accessed through or sent from the Website and the Application, are provided "AS IS," "as available, " and "with all faults" without warranties implied or statutory including without limitation warranties of merchantability, fitness for a particular use and non-infringement. Apricot and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about the above, nor any of the following:

5.2.1. any products or services offered via the Website or the Application hypertext links to third parties; and/or

5.2.2. the treatment and the content of any information, content, material or data transmitted between the Users;

5.2.3. security associated with the transmission of information through or to any linked site or third party.

5.3. Apricot is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Services or that the defects will be corrected or that it will be free of viruses. Therefore, Apricot does not warrant that the Services and the functions contained therein are or will be uninterrupted, error-free, accurate, complete or current, that defects will be corrected; or that the servers that make them available are free of viruses or other harmful components.

5.4. Apricot is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant's or any other person's device related to or resulting from the access of use of Services.

5.5. Apricot reserves its right to terminate at any time your use of its Services, in case of any breach of the present agreement which may impose liability upon Apricot.

6. INTELLECTUAL PROPERTY RIGHTS

The past, present and future content of the Services, including without limitation, copyright works and all intellectual property rights (including Industrial Property rights) such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Services (collectively "Content") are the sole property of Apricot.

Except as stated herein, no rights in or to the Content and/or to the Services are granted to you.

No Tolerance for Objectionable Content and Abusive Users

Asappien (“App”) enforces a strict no-tolerance policy regarding objectionable content and abusive behavior. By agreeing to these terms, you acknowledge and agree that:

Prohibited Content: The App does not permit any form of objectionable content. This includes, but is not limited to, content that is obscene, pornographic, defamatory, harassing, hateful, racially or ethnically offensive, threatening, abusive, or otherwise inappropriate.

Abusive Behavior: The App does not tolerate any abusive behavior towards other users. This includes, but is not limited to, bullying, stalking, harassment, and any actions intended to harm or intimidate another user.

Consequences: Users who engage in posting or sharing objectionable content, or who exhibit abusive behavior, will be subject to immediate action. This may include, but is not limited to, the removal of the offending content, temporary suspension, or permanent termination of the user’s account.

By agreeing to these terms, you also consent to the potential monitoring and review of your content and behavior within the App to ensure compliance with this policy. You understand that any violation of these terms may result in immediate corrective action as determined appropriate by Asappien’s moderation team. While Asappien is not obligated to monitor all content and behavior, it reserves the right to do so and to take appropriate action based on any violations observed.

Age Restrictions

Users under the age of 18 are not permitted to register an account on Asappien. Hence, we are entitled to restrict all searchable age groups to users aged 18 and older.

Data Use and Purpose Strings

Data Collection and User Consent

Asappien (“App”) is committed to protecting your privacy and ensuring the security of your data. By using our App, you consent to the collection, use, and disclosure of your data as described in this policy. We will always seek your explicit consent before collecting your data, even if it is considered anonymous at the time of collection. You have the right to withdraw your consent at any time through an easily accessible option within the App.

Contacts Access

Asappien requests access to your contacts to help you connect with friends and family who are also using the App. For example, we may use your contacts to suggest friends who are already on Asappien. This feature is optional, and your access to paid functionalities of the App does not require you to grant this permission. You can withdraw your consent for contacts access at any time via the App settings.

Location Access

Asappien requests access to your location to provide location-based services, such as suggesting nearby events or friends in your area. For example, we may use your location to show you events happening near you. This feature is optional, and your access to paid functionalities of the App does not require you to grant this permission. You can withdraw your consent for location access at any time via the app settings."

Microphone Access

Asappien requests access to your microphone to enable voice messaging features. For example, you can send voice messages to your friends within the App. This feature is optional, and your access to paid functionalities of the App does not require you to grant this permission. You can withdraw your consent for microphone access at any time via the App settings.

Data Usage Examples

To provide further clarity, here are specific examples of how your data will be used:

Contacts: If you grant us access to your contacts, we will periodically check the contacts to suggest connections who are already using Asappien. You can disable this feature and withdraw your consent at any time through the App settings.

Location: With your permission, we will use your location to personalize your experience, such as recommending local events or nearby users. You can disable this feature and withdraw your consent at any time through the App settings.

Microphone: If you choose to use our voice messaging feature, the App will access your microphone to record and send voice messages to your friends. You can disable this feature and withdraw your consent at any time through the app settings.

Compliance with GDPR and Similar Regulations

Asappien complies with the European Union’s General Data Protection Regulation (GDPR) and similar statutes regarding data collection and user privacy. We ensure that all data collection is conducted with your explicit consent, and you have the right to withdraw your consent at any time. We provide clear and complete descriptions of how we use your data, and our practices are aligned with all applicable legal requirements.

For any questions or concerns regarding these terms or your data privacy, please contact our support team at [email protected]

Version 1.1, Last updated on 30/06/2024