Terms of Service

1. Scope of Application

These Terms apply to:

• All users worldwide.
• All mobile versions of the App (iOS and Android).
• All features, content, and services related to the App.
• Supplementary terms may apply to certain features and will be communicated separately.

2. Eligibility

You represent and warrant that:

• You are at least 16 years of age (or the minimum legal age in your jurisdiction).
• You have full legal capacity to enter into a binding contract.
• You are not prohibited from using the App under applicable laws.

We reserve the right to suspend or terminate accounts that violate age or legal requirements.

3. Account Registration

To use certain features, you may be required to create an account. You agree that:

• All information you provide is accurate and truthful.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are solely responsible for all activities that occur under your account.
• We are not liable for unauthorized access caused by your failure to secure your credentials.

4. Nature of the Service

“Who’s Free?” is a social communication application that enables:

• Private messaging between confirmed friends.
• Friend invitations and confirmations.
• Optional location-based features.
• Temporary message transmission with automated deletion.

Note: We do not guarantee that any user will successfully make contacts, friendships, or connections via the App.

5. User Obligations

You agree NOT to:

• Violate any applicable law or regulation.
• Harass, threaten, abuse, stalk, or defraud other users.
• Share illegal, harmful, violent, sexual, or hateful content.
• Impersonate any person or entity.
• Distribute malware, spam, or harmful code.
• Bypass security features of the App.
• Collect or scrape user data.
• Use the App for commercial solicitation without our prior written consent.

Violation of this section may result in immediate account termination.

6. User Content & Communication

You retain ownership of the content you send. However, you grant us a non-exclusive, worldwide, royalty-free, technical license to transmit, process, and display messages solely for the purpose of operating the App.

You acknowledge that:

• Messages are automatically deleted after a defined time.
• We do not guarantee delivery of messages.
• We are not responsible for message loss due to technical failures.
• We do not routinely monitor private communications.
• You are solely responsible for your content.

7. Prohibited Content

The following is strictly prohibited:

• Child sexual abuse material (CSAM).
• Terrorism-related material.
• Hate speech.
• Extreme violence or gore.
• Non-consensual sexual content (revenge porn).
• Exploitation or trafficking-related content.

We reserve the right to remove such content immediately and report violations to appropriate law enforcement authorities.

8. Location Services

Location access is:

• Fully optional.
• Based on your explicit consent.
• Revocable at any time via your device settings.

We are not responsible for inaccuracies in location data or for the misuse of location data by third parties if you choose to share it.

9. No Professional Advice

The App does not provide:

• Legal advice.
• Medical advice.
• Financial advice.
• Psychological counseling.

Any information exchanged via the App is user-generated and used entirely at your own risk.

10. Third-Party Services

The App may rely on third-party services, including but not limited to:

• Cloud hosting providers.
• Push notification services.
• Security tools.
• Analytics providers.

We are not responsible for the acts or omissions of third-party services beyond our reasonable contractual control.

11. Suspension & Termination

We may, at our sole discretion, suspend or terminate your access if you:

• Violate these Terms.
• Violate applicable laws or regulations.
• Endanger other users or the general public.
• Abuse the platform infrastructure.

You may terminate your account at any time. Termination does not affect any legal claims that accrued prior to termination.

12. Disclaimer of Warranties

The App is provided “as is” and “as available”. We expressly disclaim:

• All implied warranties (including merchantability and fitness for a particular purpose).
• Non-infringement guarantees.
• Continuous, error-free availability.
• Data accuracy.

Your use of the App is entirely at your own risk.

13. Limitation of Liability

To the maximum extent permitted by applicable law: We shall not be liable for:

• Indirect, incidental, or consequential damages.
• Lost profits or revenue.
• Lost data or content.
• Personal conflicts or disputes between users.
• Reputation damage.
• Service interruptions.
• Security incidents beyond our reasonable control.

Cap on Liability: Our total cumulative liability for any claims arising out of these Terms shall not exceed EUR 100 (or the equivalent in local currency), unless mandatory applicable law strictly prohibits such a limitation.

14. Indemnification

You agree to defend, indemnify, and hold harmless WhosFree, his affiliates, agents, and partners from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the App.
• Your content.
• Your violation of these Terms.
• Your violation of any law or the rights of a third party.

15. Intellectual Property

All App-related content, including but not limited to:

• Software and source code.
• Visual design and interface.
• Logos and branding.
• Text and copy.
• Databases.

Are the exclusive property of WhosFree and are protected by international copyright and trademark laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the App for personal use only.

16. Data Protection

The collection and processing of personal data is governed exclusively by our Privacy Policy, which forms an integral part of these Terms.

17. App Store & Platform Rules

You acknowledge that:

• These Terms are between you and WhosFree only, not with Apple, Google, or any other app store provider.
• Apple and Google bear no responsibility for the App or its content.
• You must comply with all applicable third-party terms of agreement (e.g., your wireless data service agreement) when using the App.

18. Modifications of the Service

We reserve the right to:

• Modify features or user interfaces.
• Limit functionalities.
• Discontinue parts of the service (temporarily or permanently).
• Introduce paid features in the future.

No guarantee of permanent availability is given.

19. Changes to These Terms

We may update these Terms at any time.

• Users will be notified of material changes.
• Continued use of the App after the "Last Updated" date constitutes your acceptance of the new Terms.

20. Force Majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including:

• Natural disasters.
• War, terrorism, or civil unrest.
• Cyberattacks or internet service provider failures.
• Government actions.
• Pandemics.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of United Arab Emirates, excluding its conflict-of-law provisions.

22. Jurisdiction

The exclusive place of jurisdiction for all disputes arising from these Terms shall be the courts located in Dubai, unless mandatory consumer protection laws in your country of residence provide otherwise.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and WhosFree regarding the App and supersede all prior agreements.