DATE OF LAST REVISION: APRIL 2023
company incorporated under Belgian law, having its registered office at Koophandelstraat
11, 9230 Wetteren, Belgium (“zodiacmatch”, “we”) and registered with the Crossroads
Bank for Enterprises (Kruispuntbank van Ondernemingen or KBO) under enterprise
number 0784.532.436 ("zodiacmatch", "us", "we", or "our") and a customer ("you" or
"your") (together the “Parties”) who accesses our zodiacmatch Dating Application (the
“Application”). These Terms outline our relationship with you, as supplemented by our
following terms and all applicable laws and regulations.
1.2. Your use of the Application or the creation of an account (“Account”) in any way signifies
your knowledge of, and your agreement to be bound by, the most current version of the
responsibility to ensure that your use of any and all third-party website or content is in
compliance with any and all third-party requirements.
1.3. We may modify these Terms from time to time. We will notify you via email or posting on
the Application of such modification and will note the date of the last modification. If you
use the Application after those updates are posted, you are deemed to accept and agree
to be bound by those changes. These Terms will continue to apply until terminated either
by you or by us as previously described in these Terms.
2. LIMITED LICENSE AND RESTRICTIONS
2.1. Subject to timely payment of the Service Fees, zodiacmatch grants to you a personal,
worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable
license to access and use the Application, subject to the restrictions set forth in article 2.4.
of these Terms and any other restrictions communicated by us in writing. Nothing in these
Terms shall prohibit zodiacmatch from furnishing our Application to others, including your
2.2. Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and
interest in and to our Application, including all related intellectual property rights. No rights
are granted to you hereunder other than as expressly set forth herein. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, use of the
Application, or access to the Application without our express written consent. You may
not duplicate, copy or reuse any portion of the visual design elements without our express
written consent .
2.3. By creating an Account, you grant to zodiacmatch a worldwide, transferable, sub-
licensable, royalty-free, right and license to host, store, use, copy, display, reproduce,
adapt, edit, publish, modify and distribute information you authorize us to access from
third parties such as Facebook, as well as any information you post, upload, display or
otherwise make available on the Application or transmit to other members (collectively, Content").
You understand and agree that we may monitor or review any Content you
post as part of the Application. We may delete any Content, in whole or in part, that in our
sole judgment violates this Agreement or may harm the reputation of the Application.
2.4. This license and any authorization to access the Application are automatically revoked in
the event that you do any of the following:
(a) use the Application or any content contained in the Application for any commercial
purposes without our written consent.
(b) copy, modify, transmit, create any derivative works from, make use of, or reproduce in
any way any copyrighted material, images, trademarks, trade names, service markor
other intellectual property, content or proprietary information accessible through the
application without zodiacmatch’s prior written consent.
(c) express or imply that any statements you make are endorsed by zodiacmatch.
(d) use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or
other manual or automatic device, method or process to access, retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure or
presentation of the Application or its contents.
(e) use the Application in any way that could interfere with, disrupt or negatively affect the
Application or the servers or networks connected to the Application.
(f) upload viruses or other malicious code or otherwise compromise the security of the
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted to or through the Application.
(h) "frame" or "mirror" any part of the Application without zodiacmatch’s prior written
(i) use meta tags or code or other devices containing any reference to zodiacmatch or
the Application (or any trademark, trade name, service mark, logo or slogan of
zodiacmatch) to direct any person to any other website for any purpose.
(j) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Application, or cause others to do so.
(k) use or develop any third-party applications that interact with the Application or other
members' content or information without our written consent.
(l) use, access, or publish the zodiacmatch application programming interface without
our written consent.
(m) probe, scan or test the vulnerability of our Application or any system or network.
(n) encourage or promote any activity that violates these Terms.
2.5. Zodiacmatch may investigate and take any available legal action in response to illegal or
unauthorized uses of the Application, including termination of your Account. Any software
that we provide you may automatically download and install upgrades, updates or other
new features. You may be able to adjust these automatic downloads through your
3. USER REGISTRATION
3.1. To obtain full access to the Application, you will be required to complete a registration.
You will be asked to (a) provide certain registration details or other information; (b) to
establish an Account specific to you by choosing the subscription to be provided by us
under the Terms and pricing; and (c) to pay a fee upfront. By signing up for your Account,
you agree to pay the fees designated for the subscription you selected "Service Fees".
Dependent on the personal agreement between you and zodiacmatch, prices may vary.
You guarantee that you shall provide accurate and complete billing information including
but not limited to, full name, address, state, zip code, telephone number and a valid
payment method. By submitting this payment information, you automatically authorize
zodiacmatch to charge all Service Fees incurred through your Account to any such
payment instruments. When automatic billing fails to occur for any reason, zodiacmatch
will issue an electronic invoice indicating that you must proceed manually, within a certain
deadline date, with the full payment corresponding to the billing period as indicated on the
3.2. To create your Account or to login to the Application, you must qualify and agree to the
conditions set forth in these Terms. Failure to qualify and continuously abide by any of the
following conditions constitutes a breach of these Terms and may result in the termination
of your Account and authorization to use the Application.
3.3. You will ensure that all use of your Account fully complies with these Terms. We
suspend or terminate your access to the Application without notice to you in the event that
you do not use the Application for an extended period of time.
4. YOUR ACCOUNT
4.1. In order to use zodiacmatch, you may sign in using a number of ways, including by
Facebook login. If you choose to use your Facebook login, you authorize us to access
and use certain Facebook account information, including but not limited to your public
Facebook profile. For more information regarding the information we collect from you and
4.2. You are responsible for maintaining the confidentiality of your login credentials you use to
sign up for zodiacmatch, and you are solely responsible for all activities that occur under
those credentials. If you think someone has gained access to your Account, please
immediately contact firstname.lastname@example.org.
4.3. Your Account must be registered under your current full name, your email address and
mobile phone number. It is your responsibility to keep your data current. If you need to
update your email address, please contact email@example.com. When you
create an Account with us, you must provide us information that is accurate, complete,
and current at all times. Failure to do so constitutes a breach of the Terms, which may
result in immediate termination of your Account on our Application.
4.4. You are not authorized to create an Account or access or use the Application or systems
it resides on unless all of the following are true:
(a) You are at least 18 years of age.
(b) You can form a binding contract with zodiacmatch.
(c) You will comply with this Agreement and all applicable local, state, national and
international laws, rules and regulations, and
(d) You have never been convicted of a felony or indictable offense (or crime of similar
severity), a sex crime, or any crime involving violence, and that you are not required
to register as a sex offender with any state, federal or local sex offender registry.
5. RESPECTFUL COMMUNITY
5.1. Though zodiacmatch strives to encourage a respectful member experience through
different features that allow members to communicate only after they have both indicated
interest in one another. Zodiacmatch is not responsible for the conduct of any member on
or off of the Application. You agree to use caution in all interactions with other members,
particularly if you decide to communicate off the Application or meet in person. By using
the Application, you agree that you will not:
(a) use the Application for any purpose that is illegal or prohibited by these Terms.
(b) use the Application for any harmful or nefarious purpose
(c) use the Application in order to damage zodiacmatch
(d) spam, solicit money from or defraud any members.
(e) impersonate any person or entity or post any images of another person without his or her
(f) bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
(g) post any Content that violates or infringes anyone's rights, including rights of publicity,
privacy, copyright, trademark or other intellectual property or contract right.
(h) post any Content that is hate speech, threatening, sexually explicit or pornographic.
(i) post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
(j) post any Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual.
(k) solicit passwords for any purpose, or personal identifying information for commercial or
unlawful purposes from other members or disseminate another person's personal
information without his or her permission.
(l) use another member's account, share an account with another member, or maintain more
than one account.
(m) create another account if we have already terminated your account, unless you have our
6.1. Payment to us for Service Fees for your Account must be made using means of payment
that we may approve from time to time. We currently require payments be made by credit
card or Paypal. Payments must be made from a payment source on which you are the
named account holder. Payments are not refundable for any reason.
6.2. You will be charged upfront on a recurring and periodic basis (“Billing Cycle”) for
Application rendered every month, quarter or year, depending on the subscription ("Billing"
Date"). If we do not receive the full amount of your Service Fees within fifteen (15) days of
the Billing Date, your Account can be deactivated without further notice if payment is past
due, regardless of the amount . You agree to pay us all reasonable attorney's fees and
costs incurred by us to collect any past due amounts. Your account will be deactivated
without further notice if payment is past due, regardless of the amount. If you do not pay
the outstanding balance or otherwise contact us regarding reactivating your Account
within thirty (30) days, we may suspend or terminate your Account. We may change our
fee structure at any time with thirty (30) days notice.
6.3. You agree that we will not be liable for any loss caused by any unauthorized use of your
credit card or any other method of payment by a third party in connection with the
Application. You waive your right to dispute any payment made into your Account and you
will bear all costs.
6.4. Any attempt to defraud, through the use of credit cards or other methods of payment in
connection with the Application, or any failure by you to honor charges or requests for
payment will result in immediate termination of your Account and may result in civil claims
and/or criminal prosecution against you.
6.5. In the case of suspected or fraudulent payment, including the use of stolen credentials, by
anyone, or any other fraudulent activity, we reserve the right to block your Account. We
shall be entitled to inform any relevant authorities or entities (including credit reference
agencies) of any payment fraud or other unlawful activity and may employ collection
services to recover payments.
6.6. Except when required by law, paid Service Fees are non-refundable. Such a legal
exception is, for example, that users living in the EU or the EER are entitled to a full
refund during the 14-day period following the start of the chosen subscription, in
accordance with EU legislation, without giving a reason. Please note that this 14-day
period starts when the subscription starts. Furthermore, zodiacmatch shall comply with
the obligations pursuant to the transposition of Directive 2019/770 on certain aspects
concerning contracts for the supply of digital content and digital services into Belgian law.
7. PROCESSING OF ACCOUNT PAYMENT
7.1. We may use third-party electronic payment processors and/or financial institutions
("ESPs") to process financial transactions. You acknowledge that each ESP has its own
terms and conditions of use and that we are not responsible for said terms and
conditions. In the event or conflict between these Terms and the ESP's terms and
conditions regarding the Application, these Terms shall prevail.
8.1. Our subscriptions are provided on a monthly, quarterly or annual basis. To provide
continuous service, we automatically renew all paid subscriptions upon expiration
("Renewal Date"). By using the Application, you acknowledge that your Account will be
subject to the above-described automatic renewals. In all cases, if you do not wish your
Account to renew automatically, please follow the directions set out under the
"Termination or Cancellations of Accounts & Refunds" section of these Terms.
9. TERMINATION OR CANCELLATIONS OF ACCOUNTS & REFUNDS
9.1. We may terminate these Terms, terminate your access to all or part of Application, or
suspend any user's access to all or part of the Application, at any time, without notice to
you, if we believe, in our sole judgment, that you or any user connected to you have
breached or may breach any term or condition of these Terms, if we believe it is required
by law, or otherwise. We may delete any account, data or other materials relating to your
use of the Application on our servers or otherwise in our possession. You acknowledge
that we shall not be liable to you or to any third party for any termination of your access to
9.2. We reserve the right to terminate your Account for nonpayment if, by thirty (30) days after
deactivation of your Account, you have not brought your Account balance current or
contacted us regarding reactivation. If we terminate your Account, all of your Account
Data may be deleted. You will be charged for the use of the Application up to the date you
cancel your Account.
9.3. You may terminate these Terms and your Account on giving at least thirty-five (35) days’
notice prior to the Renewal Date of your applicable contract/subscription.
10. DIRECTIONS FOR CANCELING YOUR ACCOUNT
10.1. Please follow the steps under the TAB “account settings” to terminate your Account.
Temporarily quitting your Account is not possible. A new Account must be created for a
11. TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
11.1. Unless otherwise indicated, all logos, names, package designs, and marks on the site are
trademarks or service marks owned or used under license by us or our business partners.
The use or misuse of any of these marks or other information is strictly prohibited.
12. SUBMITTED INFORMATION
to us, including any data, variables, comments, remarks, suggestions, ideas, notes,
drawings, graphics, concepts, or other information (“Feedback”), you are giving that
Feedback, and all your rights in it, to us free of charge, and that Feedback will be treated
as non-confidential and non-proprietary and may be used by us for any purpose, without
your consent or any compensation to you or anyone else. This is true whether you submit
such Feedback to us by email, through a form on the Application, on a bulletin board, or
in any other manner.
13. WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
13.1. You warrant that you adhere to and respect these Terms and possible additional
guidelines of our Application. If they cause any damage to you, we cannot be held
13.2. This Application is addressed to Android users. Our services and all materials on the
Application are provided "AS IS" and “AS AVAILABLE” and without warranties of any
kind, either express or implied, including implied warranties of merchantability and fitness
for a particular purpose. zodiacmatch makes no representations or warranties about the
accuracy, completeness, or suitability of any of the material on the Application, or on any
website or websites "linked" to the Application. Zodiacmatch makes no warranty that the
Application will be available, uninterrupted, error free, or free of viruses or other harmful
components. Zodiacmatch makes no warranty that the use of the Application will lead to
successful dates or relationships.
13.3. To the fullest extent permitted by applicable law, under no circumstances will
zodiacmatch nor its directors, employees, partners, agents, suppliers, or affiliates, be
liable for any indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting
from (I) your access to or use of or inability to access or use the Application; (II) any
conduct or content of other users or any third party on, through, or following use of the
Application; and (III) unauthorized access, use or alteration of your transmissions or
Content, whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such damage,
and even if a remedy set forth herein is found to have failed of its essential purpose.
13.4. To the maximum extent permitted under applicable law, the maximum liability of
zodiacmatch to you, respectively you to zodiacmatch, arising out of these Terms will not
in any event exceed the greater of the amount paid, if any, by you to zodiacmatch for the
Application and 20 EUR. The aforesaid restrictions do not apply to a Party’s liability
resulting from (I) fraud or deceit, and/or (II) intentional misconduct. Zodiacmatch shall not
be liable for any damages resulting from the illegal use of the Application, including but
not limited to stalking, damage to property or assets and any other criminal activity.
14.1. You agree, to the extent permitted under applicable law, to indemnify, defend and hold
harmless zodiacmatch, our affiliates, and their and our respective officers, directors,
agents, and employees from and against any and all complaints, demands, claims,
damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising
out of, or relating in any way to your access to or use of the Application, your Content, or
your breach of this Agreement.
15. THIRD PARTY WEBSITES
15.1 The Application may contain advertisements and promotions offered by third parties and
links to other web sites or resources. Zodiacmatch is not responsible for the availability (or
lack of availability) of such external websites or resources. If you choose to interact with
the third parties made available through our Application, such party's terms will govern
their relationship with you. Zodiacmatch is not responsible or liable for such third parties;
terms or actions.
16. MISCELLANEOUS TERMS
16.1 Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If
any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision
will be deemed amended to conform to applicable laws and the remainder of the Terms
shall remain in full force and effect to the fullest extent permitted by law. Your use of the
the full understanding and agreement of the Parties with respect to the subject matter
hereof and supersede all prior or contemporaneous oral or written communications with
respect to the subject matter. Our relationship shall be that of independent contractors,
and no agency, partnership, joint venture or employee-employer relationship is intended
or created between us by these Terms. Neither party shall have the power to obligate or
bind the other party.
16.2 If you suspect a user is under the age of 18 or is posting pornographic or abusive images of any nature, please use the in-app function to flag this content.
We will give users the option to report or flag any content i.e. either in the bio or profile pic or gallary. Once this is reported the infringer will get an email and notification that (I) there is an infringement of the Terms and (II) the content needs to be deleted and immediately removed within 7 days. The admin will have a section where the admin can see the content i.e. bio and the profile + gallary pics, reported date. Admin can then delete the profile of the infringer and payments will stop.
infringer has a period of 7 days from this notification by zodiacmatch to delete all the
infringing content. With non- compliance and a 7-day period, zodiacmatch will delete the account of the
infringer. Compliance within 7 days ensures further use of the app and all functionalities.
16.3. Unless otherwise regulated by compulsory private international law, these Terms will be
interpreted in accordance with Belgian law. The competent courts of Gent will have
exclusive jurisdiction over any dispute or controversy arising from or relating to these
Terms or its subject matter.