Poze Terms of Use

Last updated May 2023

Thank you for using Poze services. These Terms of Use (the “Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Poze (“Poze,” “we,” “us” or “our”), concerning your access to and use of our applications, website www.poze.app, and all of our products, websites, media forms and/or channels (collectively, the “App”). You agree that by accessing the App or utilizing any of the services, products, information or functionality of the App, in any way, you have read, understood, and agree to be bound by all of these Terms. 

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using our App and receiving services related to the App, you also agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on or through the App from time to time. The Privacy Policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from locations outside of the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Poze is a company designed to help singles meet each other while doing good for meaningful charities and other nonprofits, and the people and causes the nonprofits serve. We provide services to you, our user, and we also maintain relationships with other nonprofits, as well as with for-profit businesses. Our services include allowing you to bid on date experiences, choose a winner, go on a memorable date, make a donation to a charity, and more. While we provide these services to you, you remain responsible for your actions throughout the entire experience, and, by using the services provided through the App, you disclaim any and all liability against us related to your actions, as well as related to the actions of other users connecting or trying to connect with you. 

We encourage you to review these Terms whenever you access the App to understand the practical and legal implications of these relationships, and how they affect you. 

The App is intended for users who are at least 18 years old. Use by any persons under 18 years of age shall be considered a violation of these Terms, to which the user and the user’s parent(s) and guardian(s) shall be accountable to the fullest permissible under the law. 

1. Indemnity by You

You agree to defend, protect, indemnify and hold Poze, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

• your use of the App or related services; 

• a breach of these Terms;

• any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the App, and/or your making the App available to other users or third parties;

• any activity related to your use of the App, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Poze. 

2. Prohibited Uses of the App

The App and services related to the App are intended for your own personal and/or professional use. By using the App, you agree not to:

• Use the App in an unlawful or unprofessional manner; 

• Use the App in a manner that is dishonest, abusive or discriminatory; 

• Misrepresent your age, employment status, affiliations or other biographical information in our sole discretion; 

• Stalk, harass or bully any other user or third party; 

• Reproduce, copy, modify in any material manner, or remove Poze’s proprietary marks, logos or notices;

• Lease, resell or redistribute any of our services; 

• Use the App in connection with any commercial endeavors; 

• Provide access to or give the App or any part or portion of the App to a third party;

• Reverse engineer the App;

• Make the App available on any file-sharing platform;

• Harm, as determined in our sole discretion, Poze, the App, other users or third parties or their use and/or experience with the App with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials expressly prohibited;

• Use the App in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of times as determined by us;

• Use the App in connection with perpetrating, aiding or abetting a crime or fraudulent activity;

• Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

• Make any unauthorized use of the App, including collecting usernames, phone numbers, and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited text messages or e-mails, or creating user accounts by automated means or under false pretenses;

• Use a buying agent or purchasing agent to make purchases on the App;

• Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the content contained therein;

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user login credentials;

• Make improper use of our support services or submit false reports of abuse or misconduct;

• Use any information obtained from the App in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;

• Engage in any automated use of the App, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

• Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;

• Attempt to impersonate another user or person or use the username of another user;

• Sell or otherwise transfer your profile; 

• Use the App or any related services in a manner that violates any applicable law, regulation or this agreement;

• Permit any third party to use the App in a manner that violates any applicable law, regulation or this Agreement.

3. Poze Customer Satisfaction Policy

Poze strives towards customer satisfaction with the App and related services we provide. If you purchase or bid on any service through us and are not satisfied, please contact Poze’s Customer Service team (see below for contact details) and we will work with you to rectify your experience with us. 

4. Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this App and our content are protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws, and that all of the content contained in the App, as well as the functionality of the App, is proprietary to Poze.  

This App may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Poze’s Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). 

You may not copy, download, display, distribute, modify or sublicense any of Poze’s Property or Other Materials on the App without the prior express written permission of the appropriate owners.

5. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or  relating to the App, or use thereof. Nothing contained in the App or in any written or oral communications from Poze or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the App are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the App or the related services therein or that the functionality of the App will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the App is at your sole risk. 

UNDER NO CIRCUMSTANCES SHALL POZE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE APP OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, EVEN IF POZE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL POZE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE APP OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, LIBEL/SLANDER/OTHER FORMS OF DEFAMATION, INTERFERENCE WITH BUSINESS ADVANTAGE OR CONTRACTUAL RELATIONS, LOST OPPORTUNITIES,  OR ANY OTHER DAMAGES OR LOSSES, EVEN IF POZE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

YOU UNDRSTAND THAT POZE IS AN APP WHICH CONNECTS PEOPLE, BUT THAT POZE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, AND DOES NOT RESEARCH, VERIFY OR FACT CHECK INFORMATION SUBMITTED BY ITS USERS. POZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS, OR, THE COMPATABILITY OF ANY USERS. POZE MAKES NO REPRSENTATIONS AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF STATEMENTS OF OUR USERS OR INFORMATION OTHERWISE POSTED OR SHARED BY OUR USERS. 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Poze and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the App or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to Poze during the six (6) months’ prior to notice to Poze of the dispute for which the remedy is sought, whichever amount is lesser.

6. User Submitted Content

The App may allow users to post images, audio, text, video, links to other sites, or other content to the App (collectively “User Content”). Neither Poze nor any of its affiliates endorses these entities or individuals nor are we in any way associated with any of the materials that users may post on or through the App. Neither Poze, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals. 

Each user who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise objectionable or offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the App or any successor or affiliate app or website, for any purposes we deem legitimate business purposes in our sole and absolute discretion. By posting any User Content to the App, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any harassment, infringement, misappropriation, libel or other claims.

7. Content Restrictions

We want you to enjoy using our App, but, we need all of our users to feel safe. Therefore there are certain categories of User Content which are restricted across Poze’s App, such as User Content that:

• 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, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

• is obscene, pornographic, violent or otherwise may offend reasonable sensibilities; 

• is abusive, insulting or threatening, discriminatory; 

• promotes or encourages racism, sexism, hatred or bigotry; 

• encourages any illegal activity including, without limitation, terrorism or hate crimes; 

• is defamatory or libelous; 

• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites, telephone numbers or e-mail addresses);

• 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 Poze 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 or misrepresents you or another person, including falsely stating your name.

8. App Management

We reserve the right, but not the obligation, to: 

• monitor the App for violations of these Terms; 

• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; 

• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;

• in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

• otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

9. Modification and Interruptions 

We reserve the right to change, modify, or remove the content on the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.

We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

10. Account Security

You are responsible for maintaining the confidentiality of the all login credentials, such as username, password or similar, that you designate during the registration process, and you are fully responsible for all activities that occur under your credentials. You agree to: 

• immediately notify Poze of any unauthorized use of your login credentials or any other breach of security; and 

• ensure that you exit from your account at the end of each session, or otherwise take sufficient steps to ensure that no one else can access your account;  

Poze will not be liable for any loss or damage arising from your failure to comply with these requirements. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your login credentials or other personal information. 

It goes without saying that you should always be cautious sharing your personal electronic devices with others, and should not leave accounts open in the event you choose to share your devices. This is to avoid responsibility for any deliberate or accidental access of your personal accounts by others, which could be disruptive to your life, and is a violation of these Terms.   

11. Electronic Communications, Transactions, and Signatures

Opening and using the App, sending us text messages, e-mails or in-App messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the App, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

12. Compliance with the Digital Millennium Copyright Act

Poze is fully compliant the Digital Millennium Copyright Act (the “DMCA”) and requires our users to be as well. If you believe any User Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Poze’s Copyright Agent as identified below, including the following: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single location are covered by a single notification, a representative list of such works; 

• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit Poze to contact you, such as an address, telephone number, and an e-mail address; 

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. 

Any DMCA Takedown Notices should be sent to Poze’s Copyright Agent at: info@poze.app. 

13. Availability Outside the U.S.

If you access the App and its products from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the App from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.

14. Term and Termination 

These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the App or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

16. Arbitration

If a dispute arises under this Agreement, you agree that the Federal Arbitration Act shall govern the interpretation and enforcement of such dispute. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. 

The arbitrator has the exclusive authority to: (i) determine the scope and enforceability of this arbitration provision, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Agreement. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Costs of arbitration, including attorneys’ fees, will be allocated by the arbitrator. 

Notwithstanding the foregoing provisions, in the event that a breach of this Agreement causes or is likely to cause irreparable harm to a party, nothing herein shall prevent the aggrieved party from seeking injunctive relief from the court. Due to this arbitration provision, you waive your right to a jury trial, and you waive any right which may be applicable to bring, or join with others, in a class action lawsuit. In the event that you raise any claim or dispute which is determined by the arbitrator to be frivolous, or brought in bad faith, or without a legal or factual basis, you hereby waive your right to contest an allocation of appropriate sanctions sought by us and/or awarded by the arbitrator. 

17. Governing Law

These Terms and our legal obligations hereunder are subject to the laws of the State of Delaware, regardless of your location. You hereby consent to arbitration as set forth above, however, in the event that an arbitration award requires enforcement or challenge, any court involved in such a dispute shall be a federal or state court with competent jurisdiction located in Delaware, United States.  

18. Miscellaneous

These Terms and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

19. Please read our privacy policy.

Please read our Privacy Policy, which is incorporated fully into these Terms. 

20. Contact

For questions or concerns, we can be contacted at info@poze.app, or by mail to Poze, Inc., 6254 Toscana Circle, Fort Worth, TX, 76140.