Terms & Conditions of Use

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Last updated: August 6th, 2022

Welcome to the Azul Social Terms & Conditions of Use (“Terms”)! Please read these Terms carefully before using our service and mobile application.

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Definitions

For the purposes of these Terms:

• App means the software program provided by the Company downloaded by You on any electronic device, named Azul Social.

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Azul Social, LLC.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the App.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the App.

• Users means other Azul Social members who have an account on our App.

• You means the individual accessing or using the App, or the company, or other legal entity on behalf of which such individual is accessing or using the App, as applicable.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Azul Social. The following Terms, together with our privacy policy govern your access to and use of Azul Social mobile application (”App”),and any content, functionality, and services provided by us through the App. Please read the Terms carefully before you start to use Azul Social. ****

By accessing or using Azul Social, you agree to the Terms laid out below. The Terms may change from time to time (see Changes to Our Terms & Conditions). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.

Please email us at hello@azul.app with any thoughts or concerns.

Sections

1. TBD

1. Acknowledgement

These are the Terms and Conditions governing the use of this App and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the App.

Your access to and use of the App is conditioned on you acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the App. Your access to and use of the App is also conditioned on your acceptance of and compliance with Azul Social’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the App and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our App.

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

1. be at least 18 years old. By using Azul Social, you represent that you are over the age of 18. The Company does not permit those under 18 to use the App.

2. be legally permitted to use the App by the laws of your home country.

We hope you have fun on Azul Social, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted as soon as our team is able to complete the request. Your profile information will be treated in accordance with our Privacy Policy.

We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, or (3) for any reasons whatsoever that we deem, in our sole discretion, justifies termination.

You waive and hold harmless the Company and its service providers from any claims resulting from any action taken by the Company and its service providers during, or taken as a consequence of, investigations by either the company and its service providers or law enforcement authorities.

However, we do not undertake to review any material before it is posted on Azul Social, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any transmissions, communications, or content provided by you or third party.

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2. Accessing Azul Social and Account Security

We reserve the right to withdraw or amend Azul Social, and any service we provide on Azul Social, in our sole discretion without notice. We will not be liable if for any reason all or any part of Azul Social is unavailable at any time or for any period.

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3. Types of content

There are three types of content that you will be able to access on the App:

1. content that you upload and provide (“Your Content”);

2. content that other members provide (“Member Content”); and

3. content that Azul Social provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we can’t allow on Azul Social.

We want Users to be able express themselves as much as possible on Azul, but we have to impose restrictions on certain content which:

• 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 human dignity (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 abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (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);

• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

• is defamatory or libelous;

• solicits others for commercial activities or personal financial gain (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

• involves the transmission of “junk” mail or “spam”;

• contains any spyware, adware, corrupt files, viruses 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 Azul Social 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 any other person, including falsely stating your name.

Azul Social operates a zero-tolerance policy for this kind of content.

As part of agreeing to these Terms, you agree that your content will comply with the above guidelines. Because your content is unique to you, you are responsible and liable for your content and will indemnify, defend, release, and hold us harmless from any claims made in connection with your content.

Other members of Azul Social will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Azul Social’s users’ personal information to the extent that your use of it matches Azul Social’s purpose of allowing people to meeting new friends. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Intellectual Property Rights

Our Content belongs to us, Azul Social. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Azul Social, as well as the Azul Social software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

Azul Social grants you a limited license that is non-exclusive and not transferable, to access, display, and use the Company’s Content for your personal and private use only. Any commercial use of Content is strictly prohibited. Except as stated in the preceding paragraph, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of Azul Social or the Company’s or third party’s Content, in whole or in part. You may not store any portion of any Content owned by, or licensed to the Company in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Azul Social or Content on any other server. Violation of these Terms may result in immediate termination of your access to Azul Social.

Links to Other Websites

Our App may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Azul Social shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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5. Interactions with Other Users

You are responsible for your interactions with other users. You understand that Azul Social currently does not conduct criminal background checks on its users, does not inquire into the backgrounds of all of its user or attempt to verify the statements of its users. Azul Social makes no representations or warranties as to the conduct of users or their compatibility with any current or future members. Azul Social reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

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6. Reliance on Information Posted

The information presented on or through Azul Social is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Azul Social, or by anyone who may be informed of any of its contents. Users of Azul Social may post materials created by themselves or third parties. All statements and/or opinions expressed in these materials, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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7**. Changes to our Terms & Conditions**

We reserve the right to amend these Terms at our discretion and at any time. When we make changes to these Terms, we will post the updated notice on Azul Social and update the notice's effective date. Your continued use of Azul Social following the posting of changes constitutes your acceptance of such changes.

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8**. Contact Information**

If you have any questions or comments about this notice, the ways in which we collect and use your information, please do not hesitate to contact us at:

• Phone: +1 (501) 410 2036

• Website: www.azul.app

• Email: hello@azul.app

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9. "AS IS" and "AS AVAILABLE" Disclaimer

The App is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not guarantee the compatibility of any matches and makes no representation of any kind that the App will meet your specific requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Additionally, without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Your use of the App is at your own risk. You are solely responsible for your interactions with other users. Azul Social is not responsible for the conduct of any user. Azul does not conduct criminal background checks on its users.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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10**. Limitation of Liability**

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. If you become dissatisfied in any way with the App, your sole and exclusive remedy is to stop your use of the App.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.

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11. Third Party App Store

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

1. These Terms are concluded solely between you and Azul Social and not with the providers of the Third Party Store, and Azul Social (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Azul Social is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Azul Social.

3. Azul Social, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

4. The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

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12. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.