Terms of Service

Introduction

Welcome to BelleAire! These Terms and Conditions (“Terms”) form a contract between you and BelleAire LLC (“we,” “us,” “our,” or the like) , that you agree to by using or accessing our services on the BelleAire Dating App through iOS, Android, by web browser, or by any other platforms or services, regardless of whether you are a paying subscriber or a free user (the “App”).

You also agree to be bound by our Privacy Policy. Please take some time to read these Terms because they are legally binding. We reserve the right to terminate any account for noncompliance with these Terms.

So long as in accordance with applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted to our Terms page with a new effective date. We may notify you of a change to the Terms by email, in-App notification, or other means, but failure to do so does not affect the changes. Your continued access or use of our services amounts to consent to the updated Terms.

Rules of Access

To use the App, you must:

be at least 18 years of age;
have legal capacity to enter a contract with us;
not be legally prohibited from using the App and accessing our services;
be located within the United States;
not be a registered sex offender in any state, federal, or international sex offender registry; and
maintain only one account on the App.

If at any time, you fail to meet the above requirements, your authorization to access our services and App shall be immediately and automatically revoked. We may monitor or review accounts at any time to determine whether the account user complies with these requirements, and we reserve the right to terminate or suspend your account and revoke access to our services even on suspicion that you are not in compliance with these terms.

You may appeal this decision by reaching out to support@itsbelleaire.com, however, account access is to our sole discretion and we may refuse to permit account access again at our sole discretion, regardless of compliance with these Terms.

Your Obligations and Prohibited Activities

In addition to the Rules of Access in Section 1, you agree to comply with all applicable laws and regulations of the federal government and any state having jurisdiction over you. You also agree to use the latest version of the App.

In the course of using the App, you agree that you will not:

misrepresent your identity, age, work history, qualifications, or affiliations with any person or entity;
use the App in any way that damages the App or our related services, including without limitation preventing use of the App and services by others, including uploading any malicious software;
use the App for any illegal or harmful purposes;
mistreat any person, including harassing, stalking, bullying, intimidating, assaulting, defaming, or otherwise harming them in any way;
use another person’s account;
misappropriate any intellectual property owned by another person;
disclose private or proprietary information you are obligated to keep private;
post any prohibited content (see below) or
use any software, program, or other method to access or reproduce data from the App other than how it is presented by the App itself.

BelleAire prohibits any content (“Prohibited Content”) that:

is intended or could reasonably be interpreted as intended to offend, harass, upset, embarrass, alarm, or annoy another person;
is intended or could reasonably be interpreted as intended to be obscene, pornographic, violent, or degrading or contains nudity;
is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
encourages or facilitates any illegal activity;
encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism;
is defamatory, libelous, or untrue;
is intended to advertise or solicit commercial activities;
involves or facilitates the transmission of spam;
contains any spyware, adware, viruses, corrupt files, worm programs 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 BelleAire or otherwise;
infringes upon any person’s rights (including, without limitation, intellectual property rights and privacy rights);
includes the image or likeness of another person without that person's consent (or in the case of a minor, the consent of the minor's parent or guardian); or
includes an image or likeness of a minor who is unaccompanied by the minor's parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity.

If you do any of the prohibited activities or submit any Prohibited Content to the App, your authorization to access our services and App shall be immediately and automatically revoked. We may monitor or review accounts at any time to determine whether the account user has done any prohibited act or posted any prohibited content, and we reserve the right to terminate or suspend your account and revoke access to our services even on suspicion that you have done any prohibited activities.

Content

While using the App, you will have access to: (i) content that you upload or provide ("Your Content"); (ii) content that other users upload or provide ("Member Content"); (iii) content that BelleAire provides on and through our Services ("Our Content") and (iv) ads or other content offered by third parties (“Third Party Content”). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.

Your Content

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources, and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of the App, that is to connect with and meet other users. You may not upload any Prohibited Content. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

We may provide tools and features to enhance individual expression through Your Content and Member Content, and we are constantly developing new technologies to improve our services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our services and any and all decisions made, actions taken, and failures to act based on Your Content. Be careful in choosing and sharing Your Content.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so.

By using the App, you agree to grant us a worldwide, continuing, royalty-free, transferable, sub-licensable, license to host, store, copy, display, reproduce, create derivative works from, adapt, edit, translate, modify and otherwise use Your Content, in any medium known or to be known, as we see fit, subject to applicable law. Our license is non-exclusive excepting that we retain exclusive license for any derivative works we create from Your Content (such as screenshots that include both Your Content and Our Content). Further, you authorize BelleAire to act on your behalf with respect to infringing uses of Your Content, including the authority but not the obligation to issue takedown notices pursuant to 17 U.S.C. § 512 of the Digital Millennium Copyright Act.

Member Content

Other users will also share content on our services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to act based on their use of Member Content.

You do not have any rights in relation to Member Content, and, unless authorized by the user who posted the content, you may only use Member Content to the extent that your use is consistent with the App’s purpose of allowing communication and meeting one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

Our Content

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on the App is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

For as long as you comply with these Terms, we grant you a limited license to access and use Our Content for the purposes of using the App to match with and meet other users, and we reserve all other rights. The license is personal, non-assignable, worldwide, royalty-free, non-exclusive, revocable, and non-sublicensable.

Third-Party Content

We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, BelleAire is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our App, the third party's terms will govern their relationship with you. We are not responsible or liable for third parties' terms, actions, or content.

Paid Products and Services

We may, at our discretion, offer products or services that are available for purchase either as one-time payments or subscription-based services. When we receive payment information for any subscription-based services, we will automatically renew the subscription at the end of each subscription period until it is canceled by you or the services are discontinued. Renewals will result in automatic payment. If you cancel your subscription, you will not be refunded, but the subscription services will continue to be accessible until the end of that subscription period.

Some operating systems, such as Apple ID or Google Play, permit subscription management through an external service provider. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription and you paid with an external service, you must log in to your external service account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.

Account Termination

BelleAire reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if BelleAire believes that you have violated these Terms, misused our services, or behaved in a way that we regard as inappropriate or unlawful, on or off the App. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the App.

If your account is terminated by you or by us for any reason, these Terms continue and remain enforceable between you and us, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

Privacy

For information about how we collect, use, and share your personal data, please check our Privacy Policy. By using BelleAire, you acknowledge that we may use such data in accordance with our Privacy Policy. Your continued use of the App also constitutes acceptance of our Privacy Policy.

Disclaimers

Although BelleAire strives to provide a safe and fun environment for users to connect and organize meet ups, you understand that your safety is ultimately up to you. You acknowledge that we do not typically conduct background checks of any users and we are not obligated to conduct identity verification, but we reserve the right to do so. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, CONDITION, OR EXISTENCE OF ANY USERS. WE RESERVE THE RIGHT AND YOU AUTHORIZE BELLEAIRE TO CONDUCT A CRIMINAL BACKGROUND CHECK OR OTHER SCREENING AT ANY TIME. YOU AUTHORIZE BELLEAIRE TO OBTAIN A CONSUMER REPORT ABOUT YOU.

You are solely responsible for your interactions with other users. We cannot guarantee your safety and these Terms do not obligate us to do so. Other users may be using the App for nefarious or improper purposes. Please exercise caution when communicating with or meeting new people.

THE APP, OUR CONTENT, MEMBER CONTENT, AND THIRD-PARTY CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” 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.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, OUR CONTENT, ANY MEMBER CONTENT, AND THIRD-PARTY CONTENT OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP IS AT YOUR OWN RISK.

Limitations of Liability

SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ANY OWNER OF BELLEAIRE SHALL BE HELD LIABLE FOR DAMAGES OF ANY KIND, FOR ANY CLAIMS OF THIRD PARTIES OF ANY KIND ARISING OUT OF YOUR USE OF THE APP, OUR CONTENT, THIRD-PARTY CONTENT, OR MEMBER CONTENT, HOWEVER CAUSED.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, SUBJECT TO APPLICABLE LAW. YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THE APP.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE VOID, VOIDABLE, UNENFORCEABLE, OR OTHERWISE INVALID, OUR TOTAL, AGGREGATE LIABILITY SHALL NOT EXCEED THREE HUNDRED DOLLARS ($300).

Indemnification

All of Your Content and any acts or omissions you make remain your sole responsibility. Therefore, you agree to indemnify and hold harmless, to defend and release, us and our partners, licensors, affiliates, owners, contractors, officers, directors, employees, and representatives from and against any third party claims, damages of any kind, proceedings, actions, demands, liabilities, costs, losses, and expenses suffered because of or in connection with your use of the App, your negligent acts or omissions, your willful misconduct, any breach of these Terms, or your violation of any law or the rights of any third party.

You agree to fully and reasonably cooperate with our defense against any claim. We reserve the right to settle or compromise without your prior consent any and all claims or causes of action of any kind brought against us.

This clause does not obligate us to indemnify you for any causes of action brought against you in connection with the App.

Digital Millennium Copyright Act Notice & Takedown Procedure

If you believe Our Content or Member Content infringes the copyright in a work you own or have the right to exclude others from using, please submit a notification alleging the infringement to support@itsbelleaire.com. The takedown notice must include the following:

A signature of the owner of the copyrighted work that is alleged to have been infringed;
Identification of the work(s) said to have been infringed;
identification of the infringing material or content;
information sufficient to permit us to contact you;
a statement that you have a good faith belief that the use of the material does in fact infringe the copyright and is not authorized by the copyright holder or another person with the right to exclude others from using the copyrighted work;
a statement that, under penalty of perjury, the information contained in the takedown notice is true and accurate to the best of your knowledge.

A similar notice may be used in cases of defamatory content, or other intellectual property infringement. Whether to take down the offending material is to BelleAire’s sole discretion.

Dispute Resolution

All disputes arising under these Terms shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to the principles of conflict of laws. You and we will submit all disputes arising under these Terms to arbitration in Portland, Oregon before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA or by yours and our mutual agreement.

Amendments

BelleAire reserves the right to amend these Terms and the Privacy Policy from time to time.

Integration & Severability

These Terms, with the Privacy Policy, contain the entire agreement between you and BelleAire regarding your use of the App. The Terms supersede all previous agreements, representations, and arrangements between us and you, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and neither you nor we may make any representations on behalf of or bind each other in any manner.

Version 1.0

Effective August 31, 2024