1. Acceptance of Terms
By accessing or using Trivmo's mobile applications, website, or services (collectively, the "Services") provided by QNeesh, LLC, a Delaware limited liability company ("Company," "we," "us," "our"), you agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and any additional terms incorporated by reference. If you do not agree to all of these Terms, do not access or use the Services.
These Terms constitute a legally binding agreement between you and QNeesh, LLC. Please read them carefully.
2. Eligibility
- You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher, to use the Services.
- You must be legally able to form a binding contract and must not be prohibited from using the Services under the laws of your country of residence or any other applicable jurisdiction.
- By using the Services, you represent and warrant that you meet all eligibility requirements. We may require identity or age verification at any time and may deny or revoke access if verification fails.
- You may not use the Services if you have been previously removed or banned from the Services by us.
3. Accounts & Security
- You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must notify us immediately at support@trivmo.com of any unauthorized use of your account or any other breach of security.
- You agree not to create more than one account, share your account with any other person, use another user's account, or misrepresent your identity.
- We may suspend or terminate accounts at our discretion to protect users and the integrity of the platform.
4. User Conduct
You agree to use the Services in compliance with all applicable laws and regulations. You agree not to:
- Engage in harassment, hate speech, threats, bullying, stalking, or any abusive, discriminatory, or intimidating behavior.
- Post, transmit, or solicit any illegal content or engage in illegal activity, including fraud, solicitation for illegal services, or distribution of illegal materials.
- Spam, scrape, crawl, or use automated means to access the Services. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
- Impersonate any person or entity, or use another person's photos, likeness, or personal information without their express consent.
- Post, upload, or transmit content involving minors in any context.
- Post or transmit NSFW, sexually explicit, pornographic, violent, graphic, or otherwise harmful or objectionable content, including depictions of nudity, sexual acts, weapons, drugs, or gore.
- Use the Services for commercial purposes, advertising, or solicitation without our prior written consent.
- Interfere with, disrupt, or place an undue burden on the Services or the networks or servers connected to the Services.
- Attempt to circumvent any security, content-filtering, or rate-limiting measures we employ.
We reserve the right to investigate, remove content, and suspend or terminate accounts that violate these Terms, at our sole discretion and without prior notice.
5. Safety & User Interactions
- No Background Checks: Trivmo does not conduct criminal background checks or verify the identity, background, or statements of its users. You are solely responsible for your interactions with other users.
- No Identity Guarantee: We do not guarantee or verify the accuracy of information provided by users, including but not limited to their identity, age, marital status, intentions, or the truthfulness of their profiles.
- Safety Precautions: Always exercise caution when communicating with or meeting other users. Meet in public places, inform a trusted person of your plans, and never share financial information or send money to other users.
- Reporting: Report suspicious, abusive, or unsafe behavior using in-app reporting tools or by contacting support@trivmo.com.
- Cooperation with Law Enforcement: We may investigate reports and cooperate with law enforcement agencies as required or permitted by law, consistent with our Privacy Policy.
6. Biometric Features & Photo Verification
- The Services may include photo verification or face-matching features that process facial geometry or other biometric identifiers ("Biometric Data").
- By using these features, you provide your informed, written consent to the collection, use, and storage of your Biometric Data solely for the purposes of identity verification, fraud prevention, and platform safety.
- Biometric Data is stored using industry-standard encryption. We retain Biometric Data only as long as necessary for the purposes stated above, and in no event longer than three (3) years after your last interaction with the Services, or as required by applicable law, whichever is shorter. Upon expiration of the retention period or upon account deletion, Biometric Data will be permanently destroyed within thirty (30) days.
- We do not sell, lease, trade, or otherwise profit from your Biometric Data. Biometric Data is not shared with third parties except as required by law or with service providers under contractual obligations that provide at least the same level of protection as described herein.
- You may withdraw your consent to biometric processing at any time by contacting legal@trivmo.com. Withdrawal of consent may limit your ability to use certain verification features.
7. Content Rights & Licenses
- Your Content: You retain ownership of all content you submit, post, or display through the Services ("User Content"). By submitting User Content, you grant QNeesh, LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely for the purposes of operating, developing, and improving the Services.
- Your Warranties: You represent and warrant that (a) you own or have the necessary rights to submit your User Content, (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights, and (c) your User Content complies with these Terms and all applicable laws.
- Our Content: The Services, including all software, designs, text, graphics, logos, trademarks, and other materials (excluding User Content), are owned by or licensed to QNeesh, LLC and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our content without our prior written consent.
- Removal: We may remove or refuse any User Content that violates these Terms or applicable law, at our sole discretion and without notice.
8. DMCA & Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to valid notices of alleged copyright infringement.
If you believe that your copyrighted work has been used on the Services in a way that constitutes infringement, please submit a written notice to our designated DMCA agent with the following information:
- A physical or electronic signature of the copyright owner or authorized representative.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, with sufficient detail to locate it on the Services.
- Your contact information (name, address, telephone number, and email address).
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
DMCA Agent:
QNeesh, LLC
Attn: DMCA Agent
Email: legal@trivmo.com
We may terminate the accounts of users who are determined to be repeat infringers.
9. Subscriptions & Payments
- Certain premium features of the Services require a paid subscription. Prices, features, and subscription tiers are subject to change; we will provide notice of material price changes where required by applicable law.
- Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage or cancel your subscription through your device's app store (Apple App Store or Google Play Store) or through your account settings.
- Payments are processed by third-party payment providers (including Apple and Google). All payment disputes, refund requests, and billing inquiries for app-store purchases should be directed to the applicable app store in accordance with their policies.
- To the extent permitted by applicable law, subscription fees are non-refundable. This does not affect your statutory rights under applicable consumer protection laws, including the right to a refund within the cooling-off period where mandated (e.g., 14-day withdrawal right under EU consumer law for web-based purchases).
- We may offer promotional pricing or free trial periods. At the end of any free trial, you will be charged the applicable subscription fee unless you cancel before the trial ends.
10. Third-Party Services & Links
- The Services may contain links to third-party websites, applications, or services that are not owned or controlled by QNeesh, LLC.
- We are not responsible for the content, privacy policies, practices, or availability of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.
- Inclusion of a link does not imply endorsement, sponsorship, or recommendation by QNeesh, LLC.
11. App Store Compliance
If you access or download the Services through the Apple App Store or Google Play Store (each, an "App Store"), you acknowledge and agree to the following:
- These Terms are between you and QNeesh, LLC only, and not with the App Store provider. QNeesh, LLC, not the App Store provider, is solely responsible for the Services.
- The App Store provider has no obligation to provide maintenance, support, warranty, or other services for the app.
- In the event of a failure of the app to conform to any applicable warranty, the App Store provider's maximum liability is limited to refunding the purchase price of the app (if any).
- The App Store provider is not responsible for addressing any claims relating to the app, including product liability claims, consumer protection claims, or intellectual property infringement claims.
- The App Store provider and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the App Store provider will have the right to enforce these Terms against you as a third-party beneficiary.
- You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Disclaimers
- THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QNEESH, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT GUARANTEE MATCHES, DATES, COMPANIONSHIP, OR ANY PARTICULAR OUTCOMES FROM YOUR USE OF THE SERVICES. YOU ASSUME ALL RISK WHEN COMMUNICATING WITH OR MEETING OTHER USERS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QNEESH, LLC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QNEESH, LLC, TRIVMO, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification
You agree to indemnify, defend, and hold harmless QNeesh, LLC, Trivmo, and their respective officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; or (f) any dispute between you and another user.
15. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@trivmo.com and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved within that period, either party may proceed as set forth below.
15.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with QNeesh, LLC that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration shall be conducted by a single arbitrator, in English, and shall take place in the State of Delaware or, at your election, may be conducted remotely (by telephone, video conference, or based on written submissions).
The arbitrator shall have exclusive authority to resolve all disputes, including the arbitrability of any claim. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
15.3 Class Action & Jury Trial Waiver
YOU AND QNEESH, LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and QNeesh, LLC agree otherwise in writing, the arbitrator may not consolidate or join more than one person's claims and may not preside over any form of a class, consolidated, or representative proceeding.
YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL DISPUTES SUBJECT TO THESE TERMS.
15.4 Exceptions
Notwithstanding the foregoing: (a) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights; (b) claims within the jurisdiction of small claims court may be brought in such court; (c) this arbitration provision shall not apply where prohibited by mandatory applicable law (including laws of the European Union or United Kingdom that guarantee the right to bring claims in local courts).
15.5 Opt-Out
You may opt out of this arbitration provision by sending a written notice to legal@trivmo.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, the Governing Law and jurisdiction provisions in Section 16 shall apply.
16. Governing Law & Jurisdiction
These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
For any claims not subject to arbitration, you and QNeesh, LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
For users in the European Union, European Economic Area, or United Kingdom: Nothing in these Terms limits your rights under mandatory consumer protection laws of your country of residence. You may bring legal proceedings in the courts of your country of residence.
17. Termination
- We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including for any violation of these Terms or to protect users or the integrity of the platform.
- You may stop using the Services and delete your account at any time through account settings or by contacting support@trivmo.com.
- Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must cease all use of the Services; (c) any outstanding payment obligations remain due.
- The following provisions survive termination: Content Rights & Licenses (Section 7), Disclaimers (Section 12), Limitation of Liability (Section 13), Indemnification (Section 14), Dispute Resolution & Arbitration (Section 15), Governing Law (Section 16), and this Section 17.
18. Updates to Terms
We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on the website, through the app, or via email to the address associated with your account. The "Last updated" date at the top of these Terms will be revised.
Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and delete your account.
For users in jurisdictions that require affirmative consent to material changes (e.g., EU/EEA), we will obtain your consent before the changes take effect.
19. Force Majeure
QNeesh, LLC shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, civil unrest, government actions or orders, embargoes, sanctions, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party services or infrastructure.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
21. No Waiver
The failure of QNeesh, LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by QNeesh, LLC.
22. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and QNeesh, LLC with respect to the Services and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.
23. Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. QNeesh, LLC may assign these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.
24. Contact
Questions about these Terms? Contact us at:
QNeesh, LLC
Email: legal@trivmo.com
Support: support@trivmo.com