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Terms & Conditions

The Match That “Terms of Service” is a legally binding agreement between you (“The user”), and Match That LLC (“Us”, “we”, “our”). These terms of service govern your access to, and use of the Match That mobile application and web services. Please ensure you read through carefully.

By accessing or using our services, you agree to be bound by these terms and by our privacy policy.

Terms may be revised from time to time. However, these changes will not be retroactive and updated terms, which will always be at thematchthatapp.com, will govern our relationship with you.

We will try to notify you of material revisions via a service notification or through the email address associated with your account. By continuing to access our services, you agree to be bound by the revised terms and conditions.

When you access our services, we believe that you have read these terms of service and our privacy policy (“The agreement”) and you understand and consent to be bound by all the terms and conditions of the agreement.

These terms of service set forth your rights and obligations with respect to your use of any version of the Match That mobile application or web service. If you do not agree to all of the terms
contained in this terms of service, you will not be granted permission to access any of our services. You expressly understand and agree that neither Match That LLC, any content owner or third party licensor,
nor their respective directors, officers, employees, agents, contractors, subsidiaries or affiliated companies will be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages (even if Match That LLC or content owners have been advised of the possibility of such damages) or loss of any kind arising from your use of the Match That mobile application or web services, or for any damages in excess of the amount paid for specific item of content giving rise to the applicable claim for damages.

ENTIRE AGREEMENT

This agreement and any other terms Match That LLC may provide for supplements, updates, or third party applications is the entire agreement for the Match That application software, functions of software, and the Match that application website.

INTELLECTUAL PROPERTY RIGHTS

The Match That mobile application, website, slogan, all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video & audio, and the design, selection and arrangement), are owned by Match That LLC, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

SCOPE OF LICENSE (personal use only)

These terms of service grants you personal use, non-exclusive, non-transferable, revocable license to access and use the Match That application and website services. You may access the material for your
personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any of the material on the Match That mobile application or website, except as incidental to normal use of Match That services, such as the making of temporary copies in RAM or cache of your Internet browser, and for features of the sites that enable sharing via e-mail, social media, and other platforms expressly enabled by Match That services. With respect to our mobile applications, you may download a single copy to each of
your mobile devices for your own personal, non-commercial use, provided you agree to be bound by these terms of service.

You must not modify copies of any materials from the Match That mobile application or website, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Match That mobile application or website, reverse-engineer or otherwise attempt to steal the software coding for the Match That mobile application or website. Any use of mobile application or website not expressly permitted by these terms of use is a breach of these terms of use and may violate copyrights, trademark, and other laws.

ADVERTISING CONTENT

The Match That mobile application or website may present advertisement for or links to a third party website, product, and/or services (“Third Party Ads”). We are not responsible for the availability
of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Match That LLC nor any of its affiliates will be liable for any errors in content or omissions in any third party ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with the use of, or reliance on the third party ads, including any goods, products, or services offered by such third party ads.

TERMINATION

You are free to stop using our services at any time. We reserve the right to suspend or terminate your access to the services with notice to you if:
(a) You’re in breach of these terms of service.
(b) You’re using the services in a manner that would cause a real risk of harm or loss to us or other users
(c) You haven’t accessed our services for (12) consecutive months. We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that
prompted us to contact you and give you the opportunity to export your stored items from our services.

If after such notice you fail to take the steps we ask of you, we will terminate your access to the services.
We won’t provide notice before termination where:
(a) You’re in material breach of these terms.
(b) Doing so would cause us legal liability or compromise our ability to provide the services to other users.
(c) We’re prohibited from doing so by law.

PRICE AND PAYMENTS

There is a one time advance fee to download the Match That mobile application. Each version is priced different and prices are subject to change with or without prior notice. You should note the following:

(a) No monthly fees.
(b) Payments are made via Apple Pay, Goggle Play, PayPal, Credit/debit cards.
(c) We do not store payment information.
(d) Upgrading your plan within application will be the difference in cost of each version.
(e) Downgrading your plan will result in loss of select features or capacity of your account. Match That LLC does not accept any liability for such loss.
(f) Deleting the Match That mobile application will result in loss of all
features.
Once account is deleted you will not have a chance to export your stored items and you will no longer have access to the Match That mobile application services. Match That LLC does not accept any liability for such loss.

THIRD PARTY BENEFICIARY

The Match That application developer Aakash kiri, content creators, website designer(s), suppliers, and affiliates are all subject to the terms of this agreement and have the right to enforce this agreement. Android and iOS/iPadOS users agree that Google Play, Apple and its subsidiaries are third party beneficiary of this agreement and have the right to enforce this agreement. The app may be dependent on and/or interoperate with third party owned and/or operated platforms and services e.g Apples iTunes, Google Play, (“Third Party Platforms”) and may require that you be a registered member of such Third Party
Platform and provide certain account credentials and other information in order to access the app. By using the app, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform.

Match That LLC, not Third Party Provider, is responsible for addressing any claims you may have relating to the app. The Third Party Provider has no obligation whatsoever to provide any maintenance and support
services in regards to the app. In conjunction with this agreement, all terms of service set forth by Third Party Provider must be followed.

DISCLAIMER

ANDROID USERS:

THE SOFTWARE IS LICENSED “AS IS”. YOU BEAR THE RISK OF USING IT. MATCH THAT LLC GIVES NO EXPRESS WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, AND NON-INRINGEMENT.

IOS/IPADOS USERS:

THE SOFTWARE IS LICENSED “AS IS” YOU BEAR RISK OF USING IT. IF DESIRED, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER. MATCH THAT LLC GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. THE APP, WEBSITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR WEBSITE WILL MEET ALL YOUR EXPECTATIONS. USE OF THE APP AND THE WEBSITE IS AT YOUR OWN RISK.

LIMITATION ON AND EXCLUSION OF DAMAGES:

AS TO ALL USERS, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER. YOU CAN COLLECT FROM MATCH THAT LLC AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO PURCHASE PRICE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

LOG AND DATA USAGE:

The software may collect information about you and your use of the mobile application and send it to Match That LLC. Match That LLC may use this information to improve our services. Our servers automatically record information created by your use of our service. Log and data usage may include information such as your IP address, browser type, the referring domain, pages visited, access times, your mobile carrier, and search terms. Other actions, such as interactions with Match That LLC and advertisement, may also be included in Log and Usage Data.

DEVICE INFORMATION:

We may collect information about your device when you use the app including the unique device identifier, device model, operating system, and MAC address.

LINKS:

We may keep track of how you interact with links available on the app or website, including third party services by redirecting clicks or through other means. We may share aggregate click statistics such as how many times a particular link was clicked on.

COOKIES:

Like many mobile applications and websites, we use “cookie technology” to collect additional website usage data and to improve the app and website. We do not require cookies for many parts of our app. The cookies we collect enables us to learn how people use the app, which in turn helps us to provide better services.

PRIVACY POLICY:

Our Privacy Policies explains how we collect, store, protect, and share your information and with whom we share it. We suggest you read this in conjunction with our Terms of Service. We take the privacy of all
users seriously and your information is never sold to any third party. You give Match That LLC permission to notify you via email of issues with your account, promotions and new feature updates. Match That
LLC shall use all reasonable efforts to protect personal information submitted by you in connection with the Match That mobile application and web services and shall use such information in accordance with this Privacy Policy. You acknowledge and agree that your submission of any information is at your sole risk and to the maximum amount permitted by law.
Match That LLC hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. No mobile application, website, or internet transmission is ever completely 100%
secure and we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. By downloading and
installing our app, you agree that we can collect, transfer, store,
disclose, and use your information for the purpose of improving our
services as described in this policy.

Usage of the Match That mobile application functions Home Screen – The home button can be found at the top right corner on every screen. When clicked from any other screen, users will be directed back to the home screen. A photo of the user is linked to the user’s profile.Users can access all services of plan purchased from profile screen. All sites with the Match That button and codes, affiliates, partnerships, how to use app, and contact information are listed on the home screen.

The following data can be accessed from the profile screen:
Inbox Users can send and receive photos to and from contacts with active Match That accounts. Photos can include a brief description. Once a photo is saved, it is sent to the files and saved photos section for later use. The inbox will be highlighted when there are unread messages. Updates on new features, services/sales from Match That and favorite sites visited are also found here. We do not provide your information to Third Party vendors, you choose to visit websites, purchaseproduct/services, sign up for email, subscription/membership, free giveaways, contest, employment, and any/all interactions with
Third Party Vendors at your own free will and risk. Match That LLC takes no liability for any actions taken by you as the user or the Third Party Vendor. We do not guarantee the results of any Third Party Vendor products or services. Once you have left the Match That mobile application or website, you agree to the terms of service for the Third Party Vendor that you are interacting with.

Contacts– Permission is required to upload only contacts with active Match That accounts or users can choose to manually enter contacts. However, all new users must agree to the terms of service agreement prior to activating new account. After proper steps are taken to establish an account, new users may be saved as contact, both users can send and receive photos for color matching and use features/services of plan purchased.

Saved photos– Contains photos of items taken and saved together
using the Match That mobile application services. Each file can be updated/changed, or deleted as needed.
Saved photos User agree to give Match That mobile application permission to access selected photos on mobile device. Your photos are only saved for color matching and will not be used for any other
purpose. Single photos can be saved to use at a later time. Once a user has saved the amount allowed per version of app, they must delete old photos in order to save new ones. Do not take, save, send or accept inappropriate photo using the Match That mobile application as this violates the terms of this agreement and your account could be suspended indefinitely

Settings– Users can upload a picture of themselves and add name to profile. Users can change password and choose how to receive notifications. If at any time you no longer wish to receive notifications from Match That LLC or our affiliates, turn off all notifications or choose which to keep. By doing so, you agree not to hold Match That LLC or our affiliates liable for any updates, features/services, offers, and upgrades that you may miss out on. You agree to abide by all T\ terms of use and will be updated of any changes via inbox in the app. Your failure to agree to any of our terms will result in suspension/termination.

Upgrades– Once a user has purchased any version of the app, they can upgrade to the latest version for the difference in cost. Users will not have to set up a new account to get features of upgrade. Users must upgrade from within the app and must agree to any and all terms of use agreement updates. Only one version of the app can be loaded on a mobile device at a time.

Refer a friend– User can choose to send a message via text or email to a friend requesting to download the Match That mobile application. It is up to the user to send such request. Match That LLC does not agree to pay or compensate any user or company for new user email sign ups or mobile downloads, unless agreed in writing. We reserve the right to offer new features/services and price points to new users that may not have been offered at the time of previous users account set up. Any promotions, contest, added features/services, upgrades, and price point are at the discretion of Match That LLC.

Delete account– You can choose to delete your account at any time. Your account can be deleted by clicking the delete account button. You will be asked if you are sure of your action. After account is deleted, user can repurchase the app at a later time however, any data or photos taken using the app with a previous account cannot be recovered.

Sending and receiving photos from contacts– All saved contacts with the active Match That app can send a photo with a brief message directly to app inbox. It is recommended to take photos using app to allow the auto adjust and other features for camera/lighting to function properly. Users can choose to use photo at the time taken, save for later use, or add to another file. Two (2) to four (4) photos can be sent at a time and users can send to an individual or a group of people. Every photo taken, sent to or from the app will be auto adjusted to appear exactly the same on all users mobile device screens. All users must own photos or have permission to use these photos. As your photos are unique, you are responsible and liable for your photos and will indemnify, defend, release, and hold us harmless from any claim made in connection with your photos.

Files and Saved photos Screen – All photos taken or sent from contacts will be saved in this section. Users can create a file and compare items side by side. Two (2) to four (4) items can be saved in each file. Users can add/change the names of file, update photos, or delete files as needed. Permission is always required to access the camera and user selects which photos are uploaded and saved to the app.

Sites visited history Screen – Every site visited using the app will be listed on this screen. Users can revisit website or save site as a favorite. Sites marked as favorites will automatically be listed in drop tab on the home screen. All users agree to the terms of use for sites visited.

If you have any questions regarding this Agreement, you may contact
us at info@thematchthatapp.com