Terms and Conditions

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. USING THE APP CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

The terms "you", "your", and "yours" refer to all users, and/or any user of the App. The terms "its", "we", "us", "our" and "Longdistance" refer wholly or in part to Longdistance Tech Inc., owner and operator of the App, and its related subsidiaries and affiliates (hereinafter "the Company"or "Longdistance"). The "Terms and Conditions" shall be referred to as the "Agreement" hereinafter, and expressly incorporate the Privacy Policy.

The Agreement forms a legally binding contract between you and Longdistance, Inc. Please read them carefully. By using the App, or any of our other products or services that link to these Terms (the "Services"), you agree to the Agreement. If you do not wish to agree with these Agreement, do not download or use the App, or immediately uninstall and delete the App from your computer or mobile device.

ARBITRATION AND CHOICE OF LAW NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CHOICE OF LAW CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Longdistance AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION SET FORTH IN THE AGREEMENT, AND YOU AND Longdistance WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

No one under 18 years of age is allowed to download the App, create an account, or use the Services.

By using the Services, you acknowledge that:

The Company grants you a personal, worldwide, royalty-free, non-negotiable, non-exclusive and revocable right to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services consistent with these Terms and our usage policies.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

We respect your privacy and, as a policy, do not review the Content transmitted by our users, unless required by law to do so in certain circumstances. However, you alone remain responsible for the Content that you create, upload, post, send, or store through the Service.

The Services may contain advertisements. You agree that we, our affiliates, and our third-party partners may place advertising on the Services.

License is required for software not developed by Longdistance to connect to any Longdistance product.

The Content transmitted via the App is the sole responsibility of the person or organization that submitted it. We do not endorse any submitted Content and expressly disclaim any and all liability in connection with submitted Content. You affirm and warrant that your submitted Content is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257, 28 C.F.R Pt. 75 and the Regulation to Prevent and Combat Child Sexual Abuse in EU.

Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any submitted Content submitted by you (“Third Party Personal Data”), and disclaim any and all liability in connection with the Third-Party Personal Data.

To the greatest extent permitted by applicable law, you hereby overtly, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of the Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law, (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, to the extent the Waiver is so judged, you hereby grant to each affected person a royalty-free, non-transferable, non-sublicensable, non-exclusive, irrevocable and unconditional license to exercise your Copyright and Related Rights in the Content (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case your hereby affirms that your will not (i) exercise any of your remaining Copyright and Related Rights in the Content or (ii) assert any associated claims and causes of action with respect to the Content.

Tophy may provide AI-powered services or features (“AI Services”) through the use of technology provided by a third party service provider (“AI Provider”). Please read the following terms carefully and agree to abide by them before using the AI Services: (i) You are responsible for any content (text, images, etc.) that you input through the AI Services and for the resulting material (images, code, text, etc.) that you generate. Any consequences of using the output are entirely at your risk; (ii) The output of the AI Services is subject to the specific terms and conditions of the AI Provider. (iii) You must comply with the AI Provider's rules relating to the Output, for which Tophy is not responsible; (iv) Use of the AI Services may involve the collection, processing and storage of your personal information. We will protect your personal information in accordance with the applicable Privacy Policy and will take reasonable security measures to protect your information from unauthorized access or use; (v) The intellectual property rights in the AI Services and their associated technology are owned by Tophy and its AI Providers. You may not copy, modify, distribute, sell, rent, transfer, derive, or otherwise exploit the AI Services or its related technology without permission; (vi) The AI Services may contain errors, inaccuracies or incompleteness. We make no warranties, express or implied, as to the accuracy, reliability, timeliness or suitability of the AI Services. Your use of the AI Services is at your sole risk. We also undertake voluntary own-initiative investigations in good faith and diligent manner, aiming to detect, identify, and remove or disable access to illegal content or content in violation of these Terms and Conditions. These efforts include employing avant-garde automated AI detection technologies capable of identifying various types of illegal content, supplemented by manual review conducted by our well-trained team of human content moderators. Ultimately, the decision to remove any content, rests with the human content moderator. Longdistance does not solely utilize algorithmic decision-making for content moderation or any action that would produces legal effects concerning any user. Please read the above terms and conditions carefully. By using the AI Services, you agree to be bound by these terms and are willing to accept responsibility for them. If you do not agree to these Terms, please stop using Tophy’s AI Services immediately.

By using the App, you agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by Longdistance, Inc. and its sites or affiliates, is governed by Longdistance Privacy Policy. This policy is published here.

You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer facilities or access through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that:

These Terms do not grant you any right to do any of the following (or enable anyone else to do so):

You may not use the service or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

Self-destruct is an optional feature you can turn on for more privacy. The self-destruct feature allows users to send photos or videos, which automatically disappear after a set period when viewed by the recipient. The sent images or videos are visible on the recipient's device for a specific duration, after which they are automatically deleted and no longer visible.

Despite our efforts to provide the self-destruct feature, we cannot guarantee its effectiveness entirely. Under specific conditions, data may be retained in the system for a certain period, or it may be recovered based on legal or judicial requirements.

Please be aware that if there is a report related to specific information, we reserve the right to decrypt the relevant information for investigation. This enables us to review and determine whether it violates the applicable terms of service, regulations, or even laws. This process serves as the basis for handling accounts related to illegal activities. We appreciate your understanding and cooperation.

By using our service, you agree to allow our algorithm, supplemented by manual review of Tophy team, to process your interaction data, preferences, and profile to potentially feature you as a “Featured User” (such as “Tophy Picks”) for a curated matching experience. You retain the right to withdraw your consent for this feature at any time by emailing us at [email protected].

Longdistance honors the requirements of relevant copyright laws and other intellectual property laws. We take reasonable steps to remove from our Services any infringing material that we become aware of. If Longdistance becomes aware that one of its users has repeatedly infringed third-party copyrights or other intellectual property rights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright or other intellectual property rights infringement. If you believe that anything on the Services infringes any third-party intellectual property rights, please contact us at [email protected].

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

Please pay attention to traffic safety, do not use our Services and/or Products in a way that would distract you from obeying traffic or safety laws.

You are responsible for any activity that occurs in your account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to [email protected].

Tophy allow users to use certain features on Tophy in exchange for fees, as applicable to the relevant features or content. Tophy does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party’s separate Terms of Service.

Tophy offers in-app purchases (“IAP”) through Apple Store, Google Play or other application platforms authorized by Tophy. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live.

All purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Your rights regarding payment policy and refunds, when purchases of subscriptions are handled by Apple or Google, can be found in the respective payment policies of Tophy’s application providers.

Tophy may offer certain ancillary products and services in connection with the Services on a subscription basis (“Subscription Services”) as disclosed to you when you subscribe to any Subscription Service. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. For Subscription Services that renew automatically, you agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You also agree that your Subscription Service will renew continuously for the agreed subscription time period until you cancel it.

If you have an account set up for recurring billing, you may cancel your subscription at any time. To cancel the subscription, you can follow the procedure to turn off auto-renew in your personal account settings in the mobile app. Subscriptions can only be canceled on the same platform they were bought on. Cancellations of your subscription will be effective for the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. Deleting the app or your account is not enough to cancel the subscription.

Along with the subscription, Tophy provides various friends making Services, available as IAP that will give certain advantages and improve experience. Users are able to purchase Coins that may be used to acquire personal license to use virtual titles, gifts, or any other units that are provided by Tophy on the platform (collectively, “Virtual Goods”). Coins are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside the Services without our written permission.

The Coins can be exchanged with another user for any other advanced features within the App (“Users Transactions”). In return, another user will receive Credits in the his/her Tophy account. Every User can always see the balance of Credits in the Tophy account. All Users Transactions are contracts between users. Although we facilitate Users Transactions by providing the transaction platform, we are not a party to the contract between users or any other contract which may exist between users, and are not responsible for any Users Transaction. It is necessary to first exchange Credits for Coins for the purpose to acquire any Virtual Goods.

We reserve the right, without prior notification, to limit the quantity of Credits, Coins or other Virtual Goods and to refuse to provide you with any Virtual Goods. Price, exchangeability, exchange rate, and availability of Credits, Coins or other Virtual Goods are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate any Virtual Goods as we see fit in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Virtual Goods regardless of the circumstances.

Your Tophy account will be updated within a reasonable time with the Credits balance. The Credits balance may be redeemed for Lovense products, pre-paid gift cards, or withdrawn as cash. In the case of a cash withdrawal, all payments will be facilitated through a third-party payment provider approved by us after the deduction of any commission and/or fees that maybe charged by Tophy and/or third-party payment provider. We may withhold all or any part of the balance due to you but not yet paid out:

“Taxes” mean any duties, statutory levies, withholding taxes, indirect taxes or any other taxes associated with the use of any Paid Service, including any related penalties or interest.

You are responsible for any Taxes and must pay for Paid Service without any reduction for Taxes. If we are obligated to collect or pay Taxes in connection with the Paid Services, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your subscription of Paid Services.

You are responsible for any charges that you may incur for using our Services, including data charges for sending and receiving messages. You may block users from sending you messages by deleting friends, denying friend requests, or adding users to a blocked list.

You agree to defend, indemnify, and hold Longdistance, Inc., its officers, directors, employees and agents harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Agreement.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Longdistance USES ITS BEST EFFORTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

Longdistance TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Longdistance WILL BE RESPONSIBLE FOR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Longdistance AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Longdistance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Longdistance'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR YOUR LONGDISTANCE DEVICE, IF ANY, IN THE LAST 90 DAYS.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Longdistance TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH ARBITRATION.

a. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

b. Choice of Law and Venue. By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong, without regard to principles of conflict of laws.

c. Waiver of Jury Trial. Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, YOU AND Longdistance WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL, IF IT IS ALLOWED BY THE LAW OF THAT STATE.

d. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Longdistance, Inc. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an Officer of Longdistance, Inc.

Longdistance, Inc. maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.