Welcome to Harmonica. Harmonica offers dating services aiming to facilitate the formation of relationships between individuals through electronic communications networks including without limitation the website www.harmonica.life and the related downloadable application (together the “Service”). You are registering as a Guardian in order to access a feature on the Service that allows you to receive transcripts of other users’ communications.
Harmonica IT, Inc.
8750 Central Expressway, Suite 1400
Dallas, TX 75231, USA
MTCH Technology Services Limited (“MTCH Technology”)
42 Charlemont Street
Dublin 2, D02 R593
The terms “us“, “we” or “Harmonica” refer to Harmonica IT, Inc. or MTCH Technology based on your country of residence.
When you sign up, you will be required to authenticate your email address via email.
The Service is only intended for adults over 21 years old. If you are under 21, you are not eligible to be a Guardian and will not be afforded access to our Guardian features.
The Guardian functionality is available to you by invitation from a Harmonica user only. In order to obtain access to the Guardian functionality, all users involved in the private communications which you have been invited to receive must accept for these communications to be shared with you. Harmonica does not guarantee nor seek to influence or control that users will grant you access to their communications.
By registering as a Guardian on the Service, you represent and warrant that:
Though Harmonica strives to encourage a respectful user experience through its ‘Guardian’ functionality, YOU UNDERSTAND THAT HARMONICA DOES NOT VERIFY THE ACCURACY OF PROFILE DESCRIPTIONS NOR DOES IT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE ENQUIRE INTO THE BACKGROUND OF ITS USERS. HARMONICA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS. THEREFORE HARMONICA EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN USERS AND GUARDIANS DURING ONLINE OR OFFLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF THEY MEET IN PERSON.
THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT HARMONICA’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH BELOW. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THE SERVICE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
In order to access and use the Guardian functionality, you agree to comply with this Agreement and with applicable laws and regulations, and to respect the rights of other users. In particular, you agree that:
Harmonica may investigate and take any available action (including legal action) in the event of any suspected or actual unauthorised use of the Service, or against a user or Guardian who is suspected of having committed or has committed an offence.
As of the date of these terms and conditions and for the time being, the Guardian functionality is free.
We may add new product features or enhancements to our Service from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not notify before taking them. We may even suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such a safety or security concerns, prevent us from doing so.
You may terminate or suspend your Guardian account in relation to any user at any time, for any reason, via the ‘Unsubscribe link’ available in each weekly email notification sent to you with the users’ conversation transcripts. Please note that deleting your account on Harmonica or deleting the Harmonica app from your device does not terminate or cancel any paid-for features which you may have subscribed to.
A user may terminate or suspend your access to their communications any time, for any reason.
HARMONICA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HARMONICA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. FURTHERMORE, HARMONICA MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
HARMONICA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES HARMONICA TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH HARMONICA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. HARMONICA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARMONICA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF HARMONICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HARMONICA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HARMONICA FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.
12.1 Users based in the European Economic Area, Switzerland and the United Kingdom
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Harmonica does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the European Economic Area or Switzerland or the United Kingdom.
12.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom, to the extent not prohibited by applicable law:
13.1 Users residing within the European Economic Area or Switzerland or the United Kingdom
This Agreement, and any dispute between you and Harmonica, shall be governed by the exclusive jurisdiction of the laws of the Republic of Ireland, subject to mandatory laws and regulations in force in the country of residence of the user. The courts of Dublin, Ireland will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country in which you reside.
13.2 All other users not residing outside the European Economic Area or Switzerland or the United Kingdom:
Except where our arbitration agreement is prohibited by law, the laws of Texas, USA, excluding Texas’ conflict of law rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration agreement in section 12 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
This Agreement constitutes the entire agreement between you and Harmonica regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Harmonica to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Harmonica account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Harmonica in any manner.
Annex 1 - Arbitration Procedures