AVENIQUE TERMS OF USE

Last Updated: July 16, 2026

Welcome to Avenique. These Terms of Use (the "Terms") constitute a legally binding agreement between you and BafaTech Studio ("BafaTech," "we," "us," or "our") governing your access to and use of the Avenique mobile application, website, and related services (collectively, the "Service").

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY. SECTION 15 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS IN ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. SECTION 15 INCLUDES A 30-DAY RIGHT TO OPT OUT.

By accessing, downloading, registering for, or using the Service, you signify your acceptance of these Terms, our Privacy Policy, our Biometric Information Policy, our Cookie & Tracking Technologies Policy, our Safety Rules, our Child Safety & CSAM Enforcement Policy, and our Community Guidelines. If you do not agree to all of these terms, you are expressly prohibited from using the Service and must immediately discontinue use and delete the application.

1. ACCEPTANCE OF TERMS

By creating an Avenique account or by using the Service, you agree to be bound by (i) these Terms, (ii) our Privacy Policy, (iii) our Community Guidelines, (iv) our Safety Rules, (v) our Biometric Information Policy, (vi) our Cookie & Tracking Technologies Policy, (vii) our Child Safety & CSAM Enforcement Policy, and (viii) any additional terms disclosed to you if you purchase or have purchased additional features, products, or services we offer (collectively, the "Agreement"). If there is a conflict between these Terms and any additional terms, the additional terms will control for that specific service.

We reserve the right to amend this Agreement at any time. If we make material changes, we will notify you by reasonable means, such as by email or through the Service, before the changes take effect. Your continued use of the Service following such notice constitutes your acceptance of the amended Agreement, except that any material change to Section 15 (Dispute Resolution, Arbitration Agreement, and Class Action Waiver) will require your affirmative in-app acceptance; if you decline such a change, the version of Section 15 in effect when you last accepted it will continue to govern disputes between you and BafaTech.

2. ELIGIBILITY

You are not authorized to create an account or access the Service unless all of the following are true:

Age Requirement: You are at least 18 years of age or the age of majority in your jurisdiction, whichever is older.

Legal Capacity: You are legally capable of entering into a binding contract with BafaTech Studio.

No Felony Convictions: You have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal, or local sex offender registry.

No Prior Terminations: You have not been previously removed from Avenique or any of our affiliated services by us, unless you have our express written permission to create a new account.

Sanctions Compliance: You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties (e.g., the Specially Designated Nationals List).

Geographic Availability and Waitlists: The Service launches market-by-market and may enforce regional waitlists or density-based access gating (for example, deferring activation in a region until sufficient verified members are present). You agree not to use VPNs, proxies, or location-spoofing technology to misrepresent your location or circumvent regional gating. Location integrity is a condition of verification.

If at any time you cease to meet these requirements, all authorization to access the Service or your account is automatically revoked, and you must immediately delete your account.

3. YOUR ACCOUNT

3.1 Registration and Security

In order to use Avenique, you may sign in using your phone number (via SMS verification) or a third-party social login (such as Apple or Google). You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.

You are entirely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.2 Identity Verification and Disclaimer of Badges

To maintain the safety and integrity of the Avenique community, we require all users to complete our biometric selfie verification process, governed by our Biometric Information Policy. You agree to submit a live photo that accurately represents your current physical appearance. We may also offer optional government ID and professional verification through approved vendors.

Biometric identifiers derived from your verification media are processed by our approved verification vendor as described in the Biometric Information Policy. You provide the express written release and explicit consent required by applicable biometric privacy laws (including the Illinois Biometric Information Privacy Act and the Nigeria Data Protection Act 2023) through the dedicated in-app consent flow presented before any biometric capture occurs. Verification does not proceed until that consent is recorded.

YOU ACKNOWLEDGE AND AGREE THAT:

No Guarantee of Safety: Any "verified" badge, icon, or status indicating a user has completed verification does not constitute a representation, warranty, or guarantee by BafaTech that the user is who they claim to be, that their profile is entirely truthful, or that they are safe to interact with.

No Continuous Monitoring: Verification is a point-in-time check. We do not continuously monitor users to ensure their ongoing identity integrity, although we may require re-verification when risk signals indicate possible account compromise.

Falsified Media: We reserve the right to suspend or terminate your account immediately if we suspect that your verification media is falsified, manipulated, AI-generated (including deepfakes), or belongs to another individual.

4. MODIFICATION TO THE SERVICES AND TERMINATION

4.1 Changes to the Service

BafaTech is continually improving the Service and developing new features. We may add, alter, suspend, or discontinue features, components, or entire services at our sole discretion, without notice or liability to you. We do not guarantee that any specific feature will remain available for the duration of your use.

4.2 Termination by You

You may terminate your account at any time, for any reason, by following the instructions in the "Settings" section of the App. If you use a third-party payment account such as Apple's App Store or Google Play, you will need to manage in-app purchases through such an account to avoid additional billing (see Section 9).

4.3 Termination by BafaTech

We reserve the right to suspend or terminate your account, at any time and without notice, if we believe in our sole and absolute discretion that you have violated this Agreement, misused our Services, or behaved in a way that could be regarded as inappropriate, unlawful, or dangerous. This includes, but is not limited to, actions, investigations, convictions, or conduct occurring entirely outside of the Service (off-platform), regardless of whether such conduct involves other Avenique users. Appeal rights for moderation decisions, where available, are described in our Community Guidelines.

If we terminate your account, you will not be entitled to any refund for purchases, subscriptions, or virtual items. Furthermore, we may retain certain data as necessary to prevent you from creating a new account, or as required by our legal-hold obligations under our Child Safety & CSAM Enforcement Policy.

5. SAFETY AND INTERACTIONS WITH OTHER MEMBERS

BAFATECH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS (BEYOND THE SELFIE VERIFICATION FEATURE). WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, OR CRIMINAL RECORD OF ANY USERS.

5.1 Assumption of Risk

You interact with other users at your own risk. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. Please review our Safety Rules for specific guidance. You understand that BafaTech makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

5.2 Release of Liability for User Conduct

In no event shall BafaTech, its affiliates, or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. This includes, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

5.3 Post-Departure, Off-Platform, Harm, and Scam Liability Disclaimer

BafaTech is a technology platform that facilitates introductions. We are not a party to any relationship, communication, transaction, or agreement between users, and we do not guarantee the honesty, intentions, safety, or future conduct of anyone you meet through the Service. We do not conduct criminal background checks, and we cannot and do not control what any person does after an introduction is made—on or off the Service, during or after your membership.

To the fullest extent permitted by applicable law, BafaTech has no liability—and you (and your estate, heirs, and personal representatives) release BafaTech from all claims—arising out of or relating to any of the following by or involving any person you met, matched with, messaged, or otherwise encountered through the Service:

death, wrongful death, bodily injury, assault, battery, sexual assault, stalking, kidnapping, emotional distress, or any other personal harm;
any scam, fraud, financial solicitation, identity theft, romance scam, investment scheme, social-engineering attack, or other deceptive or criminal conduct; or
any other loss, damage, or claim arising from that person's conduct,

including where:

the conduct or harm occurs after you delete, deactivate, suspend, or otherwise leave the Service or terminate this Agreement;
the conduct or harm occurs entirely off the Service (including on WhatsApp, Telegram, SMS, email, phone, social media, in person, or any other channel);
you send money, cryptocurrency, gift cards, banking details, or other value to that person, or receive or move money on their behalf;
you choose to meet that person in person, continue a relationship off the Service, or invite them into your home or private spaces; or
the person is no longer an Avenique member, was never properly verified, or misrepresented their identity.

Your decision to continue communicating with, trust, meet, date, or transact with any person after leaving the Service is solely your own. Leaving the Service does not create, expand, or revive any duty of care, monitoring obligation, background-screening duty, or liability on BafaTech's part with respect to that person or any subsequent harm, including death. The releases and limitations in this Section 5 and in Sections 11 and 12 survive termination of your account and this Agreement as stated in Section 17, and bind your estate and successors to the fullest extent permitted by law.

5.4 Mental Health, Self-Harm, and Suicide Discussions

Avenique is a dating and social introduction platform. It is not a suicide-prevention service, crisis hotline, counseling service, or mental-health provider. BafaTech does not provide medical, psychiatric, or therapeutic advice, and no content, message, match, or feature of the Service should be treated as a substitute for professional help or emergency services.

To the fullest extent permitted by applicable law:

BafaTech has no duty to monitor, detect, intervene in, escalate, or respond to any user's expressions of suicidal ideation, self-harm, emotional distress, or related discussions on the Service, whether in profiles, prompts, or private messages.
Any moderation, automated scanning, human review, resource notice, or account action we may take regarding self-harm or suicide-related content is voluntary and discretionary, does not create a duty of care, and does not make BafaTech responsible for any user's safety or for any outcome.
You release BafaTech, its affiliates, and their officers, directors, agents, and employees from all claims arising out of or relating to any discussion of suicide or self-harm on the Service; any failure to detect, warn about, or intervene in such discussion; any advice, comments, or content from other users; or any suicide, attempted suicide, self-harm, or related injury or death of any person in connection with use of the Service.

If you or someone else is in immediate danger, contact local emergency services right away (911 in the United States; 112 in Nigeria). Do not rely on Avenique messaging or reporting as a substitute for emergency help. Additional crisis resources and reporting guidance appear in our Safety Rules.

6. RIGHTS BAFATECH GRANTS TO YOU

Subject to your compliance with this Agreement, BafaTech grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by BafaTech and permitted by this Agreement.

You may not:

Copy, modify, distribute, sell, or lease any part of our Service.
Reverse engineer, decompile, or attempt to extract the source code of the software.
Use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other users' information.
Use or develop any third-party applications that interact with the Service or other users' content or information without our written consent.
Interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service.
Mirror or frame any part of the Service.

7. RIGHTS YOU GRANT TO BAFATECH

7.1 License to User Content

By creating an account, you grant to BafaTech 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, as well as any information you post, upload, display or otherwise make available (collectively, "User Content").

This license is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any User Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

7.2 Feedback

If you provide feedback, suggestions, or ideas regarding the Service, you agree that BafaTech may use such feedback for any purpose without compensation to you.

7.3 Data Processing and Machine Learning

You acknowledge and agree that BafaTech may process your User Content and behavioral data using automated systems, machine learning models (including the Compatibility Engine), and algorithms to personalize your experience, match you with others, curate introductions, and optimize the Service.

7.4 Consent to Safety and Fraud Scanning

You expressly consent to BafaTech's use of automated systems, filters, classifiers, and human review to access, scan, analyze, and moderate all content you submit or transmit through the Service, including private communications with other users, for the purposes of: fraud detection and prevention; detection of scams, financial solicitation, and payment-rail identifiers; safety enforcement; detection of content that promotes or provides instructions for suicide or self-harm; child-safety compliance and mandatory reporting; and detection of violations of this Agreement, the Community Guidelines, and the Safety Rules. This scanning occurs automatically and continuously as part of the operation of the Service, and your use of the messaging features constitutes your consent to it. Where you communicate with another user, both parties to the communication have provided this consent as a condition of using the Service. As stated in Section 5.4, any such scanning or review is discretionary and does not create a duty to detect or intervene.

8. COMMUNITY RULES AND PROHIBITED CONTENT

By using the Service, you agree that you will not:

Use the Service for any purpose that is illegal or prohibited by this Agreement.
Spam, solicit money from, or defraud any members.
Impersonate any person or entity or post any images of another person without their permission.
Bully, "stalk," intimidate, assault, harass, mistreat or defame any person.
Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
Post any Content that is hate speech, threatening, sexually explicit, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Promote, encourage, glorify, or provide instructions for suicide or self-harm, or otherwise violate the Community Guidelines regarding self-harm and suicide-related content.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members.
Use another member's account, share an account with another member, or maintain more than one account.
Sell, rent, lease, transfer, lend, or offer access to your account, your verified status, or any verified badge, or purchase, rent, or borrow access to any other person's account or verified status.
Create another account if we have already terminated your account, unless you have our permission.
Post, send, or solicit any content involving or sexualizing minors, or otherwise violate our Child Safety & CSAM Enforcement Policy.

BafaTech reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this provision, misused the Service, or behaved in a way that BafaTech regards as inappropriate or unlawful, and to report violations to law enforcement or NCMEC where legally required.

9. PURCHASES AND SUBSCRIPTIONS

9.1 In-App Purchases

Avenique may offer products and services for purchase ("in-app purchases") through iTunes, Google Play, or other application platforms authorized by BafaTech (each, a "Third-Party Store"). If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (your "Payment Method") will be charged at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments.

9.2 Auto-Renewing Subscriptions

If you purchase an auto-recurring periodic subscription through a Third-Party Store, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Price Changes: If we change the price of your subscription, the new price will take effect no earlier than your next renewal date. We will give you at least thirty (30) days' advance notice of any price increase, and you will have the opportunity to cancel before the new price applies. Where the Third-Party Store requires your affirmative consent to a price increase, the increase will not apply until you provide it.

9.3 Cancellation

To cancel a subscription, you must log in to your Third-Party Store account (e.g., Apple App Store or Google Play) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Avenique application from your device. Deleting your Avenique account or deleting the application from your device does not cancel your subscription; BafaTech will retain all funds charged to your Payment Method until you cancel your subscription through the Third-Party Store.

9.4 Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For EU residents, you have the right to withdraw from a subscription purchase within 14 days without giving any reason, provided you have not started utilizing the purchased benefits.

9.5 Chargebacks and Payment Disputes

If you initiate a chargeback or otherwise dispute a payment with your payment provider (such as Apple, Google, or your credit card issuer) for any purchases made in connection with Avenique, and we determine in our sole discretion that the charge was valid and authorized, we reserve the right to immediately suspend or permanently terminate your account. You agree that you will not use chargebacks as a method to circumvent our refund policies.

10. COPYRIGHT INFRINGEMENT AND DMCA POLICY

If you believe that any material on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Designated Agent: Avenique Copyright Agent BafaTech Studio 5885 Cumming Hwy NE Ste 108, Sugar Hill, GA 30518

You may also submit a DMCA notice using the contact form at the bottom of this page (choose DMCA / copyright). The form will prompt you for the elements required below, including your full name typed as your electronic signature, mailing address, and telephone number.

To meet the requirements of the Digital Millennium Copyright Act (DMCA), the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed.
Information reasonably sufficient to permit us to contact the complaining party (address, telephone number, email).
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification: If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent including: (1) your physical or electronic signature; (2) identification of the material removed and its prior location; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; (4) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if outside the United States, the District of Delaware) and that you will accept service of process from the complaining party. Upon receipt of a valid counter-notification, we may restore the material in not less than 10 and not more than 14 business days unless the complaining party notifies us it has filed a court action.

Repeat Infringer Policy: We will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

11. DISCLAIMERS

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BAFATECH 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.

BAFATECH 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.

BAFATECH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAFATECH, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED 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:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE.
ANY SCAM, FRAUD, FINANCIAL LOSS, DEATH, BODILY INJURY, SUICIDE, ATTEMPTED SUICIDE, SELF-HARM, OR OTHER HARM ARISING FROM A PERSON YOU MET THROUGH THE SERVICE OR FROM CONTENT OR DISCUSSIONS ON THE SERVICE, INCLUDING AFTER YOU LEAVE THE SERVICE OR AFTER COMMUNICATIONS OR MEETINGS MOVE OFF THE SERVICE, AS FURTHER DESCRIBED IN SECTIONS 5.3 AND 5.4.
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BAFATECH HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAFATECH'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BAFATECH FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM.

13. INDEMNIFICATION

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless BafaTech, 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 Service, your User Content, or your breach of this Agreement.

14. GOVERNING LAW AND VENUE

Except where our arbitration agreement is prohibited by law, and subject to Section 15 (which governs the procedure for resolving disputes), the laws of the State of Delaware, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with BafaTech. For Nigeria-Region Users (as defined in Section 15.1), nothing in this Agreement deprives you of the protection of mandatory provisions of Nigerian law, including the Federal Competition and Consumer Protection Act 2018 and the Nigeria Data Protection Act 2023, and those mandatory provisions apply to the extent they cannot be derogated from by agreement.

Except for claims that may be properly brought in a small claims court of competent jurisdiction or claims subject to the Arbitration Agreement (Section 15), all claims or disputes arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of New Castle County, Delaware, provided that Nigeria-Region Users may bring such claims in the courts of Lagos State, Nigeria. You and BafaTech consent to personal jurisdiction in those courts.

15. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Regional Tracks

For purposes of this Section 15: you are a "Nigeria-Region User" if the country of residence associated with your account at the time the dispute arises is Nigeria, and a "US-Region User" in all other cases. Sections 15.2 through 15.8 apply to US-Region Users. Section 15.9 applies to Nigeria-Region Users. This Section 15 governs the procedure for resolving disputes and controls over Section 14 to the extent of any conflict regarding procedure or forum.

15.2 Informal Dispute Resolution First

Before initiating arbitration, you and BafaTech agree to attempt to resolve any dispute informally. The party raising the dispute must send a written Notice of Dispute (using the contact form at the bottom of this page, choosing Disputes, or, from us, to your account email) describing the claim and requested relief. Upon submission through the contact form, you will receive an automated acknowledgment with a reference number and timestamp, which serves as the record of the date of your Notice. The parties shall negotiate in good faith for 60 days, including at least one telephone or video conference if either party requests it. Completion of this process is a condition precedent to filing arbitration, and any statute of limitations is tolled during it.

15.3 Binding Arbitration

You and BafaTech agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement or the Service (including alleged breaches of the Agreement and the interpretation, applicability, enforceability, or formation of this Arbitration Agreement) will be resolved exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.4 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement.

Any arbitration hearing will be held in the county where you reside, or another mutually agreed location, or by videoconference; disputes seeking $10,000 or less may be conducted by telephone or on written submissions at either party's election.

15.5 Class Action Waiver

YOU AND BAFATECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court under Section 14, and the waiver shall remain enforceable as to all other claims.

15.6 Mass Filing / Batch Arbitration

If 25 or more similar demands for arbitration are filed against BafaTech by or with the assistance of the same law firm or coordinated group, the parties agree the demands shall be resolved in staged batches: the AAA shall administer an initial set of up to 10 bellwether arbitrations, after which the parties shall mediate the remaining demands for 90 days informed by the bellwether outcomes, before further batches proceed. Filing-fee obligations for batched demands shall follow the AAA's Mass Arbitration Supplementary Rules. Nothing in this Section prevents any claimant from proceeding once the staged process reaches their demand, and the batching procedure shall be administered symmetrically as between claimants and BafaTech.

15.7 Jury Trial Waiver

If for any reason a claim proceeds in court rather than in arbitration, YOU AND BAFATECH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.

15.8 30-Day Opt-Out Right

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within 30 days after first becoming subject to this Arbitration Agreement, using the contact form at the bottom of this page (choose Arbitration opt-out). Your notice must include your name and address, your Avenique username or phone number, and an unequivocal statement that you want to opt out of this Arbitration Agreement. Upon submission, you will receive an automated acknowledgment with a reference number and timestamp confirming receipt; that acknowledgment is your proof of a timely opt-out. Opting out of arbitration does not affect any other provision of this Agreement.

15.9 Nigeria-Region Users: Arbitration in Nigeria

If you are a Nigeria-Region User, the following applies to you in place of Sections 15.2 through 15.8, except that Sections 15.2 (informal resolution), 15.5 (class action waiver, to the extent permitted by Nigerian law), and 15.8 (30-day opt-out, on the same terms) apply to you with the necessary changes:

(a) Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration under the Arbitration and Mediation Act 2023 of Nigeria. The seat of arbitration shall be Lagos, Nigeria, the language shall be English, and the tribunal shall consist of a sole arbitrator appointed in accordance with the Act.

(b) You may instead assert qualifying claims in a small claims court of competent jurisdiction in Nigeria.

(c) Nothing in this Section 15.9 excludes or limits any right you have under mandatory provisions of Nigerian consumer protection law, including the Federal Competition and Consumer Protection Act 2018, or your right to lodge complaints with the FCCPC or the Nigeria Data Protection Commission. If the class action waiver in Section 15.5 is unenforceable under Nigerian law as to a particular claim, that claim shall proceed in the courts identified in Section 14, and the remainder of this arbitration agreement remains in effect for all other claims.

(d) Hearings may be conducted by videoconference at either party's request.

16. STATE-SPECIFIC NOTICES (UNITED STATES)

Notice to California Users: Under California Civil Code Section 1789.3, California users of the Service are entitled to the following consumer rights notice: The Service is provided by BafaTech Studio, 5885 Cumming Hwy NE Ste 108, Sugar Hill, GA 30518. If you have a complaint regarding the Service or wish to request further information, please use the contact form at the bottom of this page. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to Users in New Jersey, New York, Texas, Illinois, and Other States with Internet Dating Safety Laws: BAFATECH DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS. You should not assume that any member has been screened for criminal history. Please review the Safety Rules, which contain the safety awareness guidance required by these laws, including guidance on meeting in person. This disclosure is also presented to users in applicable states during onboarding.

17. SURVIVAL; LIMITATION PERIOD; FORCE MAJEURE

Survival: Sections 5, 7.1, 7.2, 11, 12, 13, 14, 15, 16, this Section 17, and any provision that by its nature should survive, survive termination of your account or this Agreement.

Time Limit on Claims: To the extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Service must be filed within one (1) year after the claim accrued, or it is permanently barred. This limitation does not apply where prohibited by mandatory law, including for Nigeria-Region Users where Nigerian limitation law provides otherwise.

Force Majeure: BafaTech shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, riots, civil unrest, government action, labor disputes, power or telecommunications failures, internet or mobile network disturbances, or failures of third-party verification, payment, or infrastructure vendors.

18. ENTIRE AGREEMENT AND SEVERABILITY

These Terms, along with the Privacy Policy, Community Guidelines, Safety Rules, Biometric Information Policy, Cookie & Tracking Technologies Policy, Child Safety & CSAM Enforcement Policy, and any other policies referenced herein, contain the entire agreement between you and BafaTech 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 the Company 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 Avenique 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 BafaTech in any manner.

19. APPLE APP STORE ADDITIONAL TERMS

If you access the Service via an Apple device: (a) these Terms are between you and BafaTech only, not Apple, and Apple is not responsible for the Service or its content; (b) your license is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service (including Family Sharing rules); (c) Apple has no obligation to furnish maintenance or support; (d) in the event of failure to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims by you or third parties relating to the Service, including product liability, legal or regulatory compliance, and consumer protection claims; (f) in the event of a third-party claim that the Service infringes intellectual property rights, BafaTech, not Apple, is responsible for its investigation, defense, settlement, and discharge; (g) you represent you are not located in a U.S.-embargoed country and are not on any U.S. Government prohibited-parties list; (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20. GOOGLE PLAY ADDITIONAL TERMS

If you access the Service via an application downloaded from Google Play: (a) these Terms are between you and BafaTech only, and Google is not a party to them; (b) your use of the application must comply with Google Play's then-current Terms of Service; (c) Google is only a provider of the marketplace where you obtained the application; (d) BafaTech, and not Google, is solely responsible for the Service and the application; (e) Google has no obligation or liability to you with respect to the Service or these Terms; and (f) you acknowledge that Google is a third-party beneficiary of these Terms as they relate to the application distributed through Google Play.