Terms and Conditions of use of APLI SARLU services

1. Definitions

• •VIVA / Application: the mobile and web application published by APLI SARLU, dedicated to connecting single members of the Khoja Shia Ithna Asheri community.
• •Contract: any document binding the User and APLI SARLU, including notably the T&C.
• •Personal data: any information relating to an identified natural person or allowing their direct or indirect identification, including physical, physiological, psychological, economic, cultural or social aspects.
• •Law: any regulation applicable in the territory of Madagascar.
• •User: any person who uses or operates APLI SARLU's services through the VIVA Application.
• •Service: the provision by APLI SARLU of the VIVA Application (the "Tool") for Users.

2. Purpose

These T&C aim to define the terms and conditions of use of the Service.

3. Duration and effective date

VIVA offers two paid subscription plans — **monthly** or **annual** — purchased exclusively through the Apple App Store (iOS) or the Google Play Store (Android). Full access to the Application's features is reserved for subscribed Users. The subscription is automatically renewed by tacit agreement for a duration identical to the chosen plan, unless the User disables auto-renewal from the subscription settings of their App Store or Google Play account at least 24 hours before the expiration date.

Creating a profile on VIVA is free. Subscription to a paid plan takes effect upon payment confirmation by the App Store or the Google Play Store.

4. Obligations and Responsibility of APLI SARLU

APLI SARLU provides Users with access to the Tool. By using the Tool, the User acknowledges and consents to adhere to the entirety of the T&C and expressly consents to the processing and exploitation by APLI SARLU of all data communicated by the User.

5. Limitation of Liability of APLI SARLU

APLI SARLU does not guarantee the reliability and authenticity of the information communicated by Users. Moreover, APLI SARLU does not intervene in private exchanges.

APLI SARLU's responsibility is limited to making the Tool available to Users.

APLI SARLU's liability cannot be engaged:

• •In case of inappropriate use of the Tool by one/several Users and/or an impersonator
• •In case of fraudulent use of an element of the profile/User profile
• •In case of use of the Tool contrary to good morals (prostitution, escorting, human trafficking and illegal trafficking in all its forms) and any practice sanctioned by Law

In general, APLI SARLU is not responsible for content published by Users or advertisements that may appear on the platform.

APLI SARLU's liability cannot be sought in the event that the User's expectations are not met.

The User acknowledges and accepts that the Service may not be accessible in certain geographical areas.

6. Obligations and Responsibility of the User

The User commits to:

• •Use the Tool exclusively for serious dating purposes leading to a lasting and sincere union
• •Guarantee the reliability of Personal Data concerning them or allowing them to be identified, communicated when creating their User profile
• •Adopt respectful behavior in all exchanges on the platform and/or with another User
• •Not disclose/share/transfer/capture/intercept and generally exploit directly or indirectly any information/data to which they may have access
• •Refrain from sharing intimate, pornographic, child pornographic, racist or obscene photos/images publicly or privately
• •Refrain from sharing any sensitive, secret or confidential information about themselves or others, directly on the platform and/or on any other means of communication with another User
• •Refrain from carrying out any form of financial transaction with another User
• •Carefully examine the opportunity and relevance of a physical meeting
• •Take all necessary precautions and security measures for any information shared and generally exercise good judgment

The User is solely responsible:

• •For the confidentiality and security of their credentials, which they commit not to communicate to third parties
• •For the information or content they display, share, communicate through the Tool and by extension in any physical and/or virtual location with another User
• •For any consequence of an exchange that originated on the tool. The User is notified that APLI SARLU does not intervene in private exchanges in any location, physical or real

7. Prices and Payment Terms

The applicable prices for the monthly and annual subscription plans are those displayed in the App Store and Google Play Store at the time of purchase. APLI SARLU reserves the right to modify its prices at any time; any modification will apply only to new subscriptions or future renewals.

8. Personal Data

APLI SARLU processes Users' Personal Data for the needs of the Service. By using the Service provided by APLI SARLU, the User expressly authorizes APLI SARLU to collect, and generally to process and retain, Personal Data.

In the context of the execution of the Service, this authorization is also granted to APLI SARLU's providers and partners.

The User benefits from the rights of access, rectification and the rights mentioned in the Personal Data Law, by sending an email with acknowledgment of receipt to contact@viva-khoja.com.

9. Suspension and Termination of the Contract

Any inappropriate behavior or content from the User may result in the blocking or deletion of their account, at APLI SARLU's discretion and at the User's expense.

APLI SARLU reserves the right to implement verification tools and to perform checks of information available on the platform.

In case of subscription renewal payment failure on the App Store or Google Play Store, access to premium features is automatically suspended until the situation is resolved.

The User may disable auto-renewal of their subscription at any time from the subscription settings of their App Store or Google Play account. For any account deletion request or question regarding termination, the User may contact us by email with acknowledgment of receipt at contact@viva-khoja.com. APLI SARLU will communicate all necessary information on the terms of termination.

10. Inactivity

APLI SARLU reserves the right to suspend or even delete any User profile having subscribed to a free service that has remained inactive for thirty (30) days.

11. Law and disputes

Malagasy Law is applicable.

Any dispute must first be reported to APLI SARLU. After exhaustion of amicable remedies, the file is brought before the Commercial Court of Antananarivo, Madagascar by the most diligent Party.

12. Modification

APLI SARLU reserves the right to modify all or part of the T&C, at any time.