Gitch Terms of Use

Last revised on January 12, 2025

Welcome to Gitch. These Terms of Use are between you and OOO "Biverlid" - Belarus. Minsk, Timiryazeva 121/3, ofis 35-13

By creating a Gitch account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on gitch.xyz, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

By using the Service, you acknowledge and agree that Gitch may display advertisements within the app. Advertisements may be shown to users without a Diamond Subscription, and their frequency or type may vary.

You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:

• you are at least 18 years of age.
• you can form a binding contract with Gitch,
• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

In order to use Gitch, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Gitch, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately write us support@gitch.xyz.

Gitch is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing. Gitch may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

For residents of the Republic of Korea, except in the case where we reasonably consider that (i) giving notice is legally prohibited (for instance, when providing notice would either violate applicable laws, regulations, or orders from regulatory authorities or compromise an ongoing investigation conducted by a regulatory authority) or (ii) any notice may cause harm to you, third parties, Gitch, and/or our affiliates (for instance, when providing notice harms the security of the Service), we will without delay notify you of the reason for taking the relevant step.

After your account is terminated, this Agreement will terminate.

If you have purchased a Diamond Subscription, please note that termination of your account or cancellation of your subscription does not entitle you to a refund unless required by applicable law. You may manage or cancel your subscription at any time through your App Store, PayPal or Google Play account settings.

Gitch grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Gitch and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Gitch prior written consent.
• express or imply that any statements you make are endorsed by Gitch.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, 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 the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• "frame" or "mirror" any part of the Service without Gitch prior written authorization.
• use meta tags or code or other devices containing any reference to Gitch or the Service (or any trademark, trade name, service mark, logo or slogan of Gitch) 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 the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
• use, access, or publish the Gitch application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• encourage or promote any activity that violates this Agreement.

Gitch may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

If you purchase a subscription (the “Diamond Subscription”), you will gain access to additional features and functionalities as described within the Service at the time of purchase. These features may include, but are not limited to, the ability to highlight your profile, hide your distance, hide your age, remove ads, remove limits on the number of connection requests, change your location to search in other cities, and create events on any date. Access to these features is subject to payment and is valid for the duration of the subscription period. Specific details about pricing, billing, and the features available under the Diamond Subscription will be disclosed at the time of purchase.

If you do not purchase a Diamond Subscription, you acknowledge that advertisements will be displayed during your use of the Service. By continuing to use the Service, you agree to this practice. Diamond Subscription users may experience an ad-free version of the Service, subject to the terms of their subscription.

By creating an account, you grant to Gitch a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Gitch's license to your Content shall be non-exclusive, except that Gitch's license shall be exclusive with respect to derivative works created through use of the Service. For example, Gitch would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Gitch can prevent the use of your Content outside of the Service, you authorize Gitch to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices 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 the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Gitch members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Gitch above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Gitch allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Gitch regarding our Service, you agree that Gitch may use and share such feedback for any purpose without compensating you.

Please be informed that Gitch may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (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.

By purchasing a Diamond Subscription, you acknowledge that your subscription is personal and non-transferable. Gitch reserves the right to suspend or terminate access to Diamond features if there is any evidence of misuse, including sharing account details with others or violating this Agreement.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• use the Service for any harmful or nefarious purpose
• use the Service in order to damage Gitch
• spam, solicit money from or defraud any members.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
• post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic.
• post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
• use another member's account, share an account with another member, or maintain more than one account.
• create another account if we have already terminated your account, unless you have our permission.
• Offering, soliciting, or engaging in compensated dating or sexual services is strictly prohibited. This includes, but is not limited to, sexual activities or dates in exchange for money, gifts, financial support, or any other form of compensation.

Gitch reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Gitch regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules or our Community Guidelines, your authorization to use the Service will be automatically revoked.

Although Gitch reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Gitch cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it on support@gitch.xyz

Gitch PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Gitch DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

Gitch TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

For users who purchase a Diamond Subscription, Gitch does not guarantee uninterrupted access to the premium features in cases of technical issues, maintenance, or other circumstances beyond its control. Gitch will make reasonable efforts to resolve such issues promptly.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Gitch is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Gitch is not responsible or liable for such third parties' terms or actions.

For payment processing related to Diamond Subscriptions, Gitch uses third-party services (e.g., App Store, Google Play, PayPal). You agree to comply with the terms and conditions of these services when managing your subscription. Gitch is not liable for any issues arising from these third-party platforms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Gitch, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED 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 SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Gitch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Gitch’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO Gitch FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.

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.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Gitch, 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 the Service, your Content, or your breach of this Agreement.

This Agreement, which includes the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Gitch regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Gitch account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Gitch in any manner.

By purchasing a Diamond Subscription, you agree to recurring billing. Your subscription will automatically renew at the end of the subscription period unless you cancel it at least 24 hours before the end of the current period.

You agree to pay all applicable fees and taxes associated with your subscription. All payments are non-refundable unless otherwise required by law or explicitly stated in the Service.

Gitch reserves the right to modify subscription pricing at any time. Any changes will be communicated to you at least 30 days in advance, and your continued use of the subscription constitutes acceptance of the new pricing.

You can cancel your subscription at any time through your App Store or Google Play, PayPal account settings. If you cancel your subscription, you will retain access to premium features until the end of the current subscription period. No prorated refunds will be provided for unused time.