EULA & AUP

End User License Agreement (EULA), Terms of Service & Acceptable Use Policy (AUP) Last Updated: October 25, 2026 This End User License Agreement, Terms of Service, and Acceptable Use Policy ("Agreement" or "AUP") is a binding legal agreement between you ("User," "you," or "your") and Fernandez Software LLC ("Company," "we," "us," or "our"). This Agreement governs your access to and use of Plainly across all available platforms—including the Plainly iOS mobile application, the Plainly Android mobile application, and the Plainly web application (accessible via web browsers), together with all related text, image, audio, video chatting features, websites, and associated services (collectively, the "App" or "Service"). 1. Acknowledgement You and the Company acknowledge that this Agreement is entered into between you and the Company only, and not with Apple Inc. ("Apple"), Google LLC ("Google"), or any other application marketplace or platform provider. The Company, not Apple or Google, is solely responsible for the App and the content thereof. You further acknowledge that your use of the App is subject to any applicable usage rules and restrictions set forth in the Apple Media Services Terms and Conditions (for iOS users), Google Play Terms of Service (for Android users), or applicable web terms of service (for Web users), as of the date you download or access the App. 2. Scope of License The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your personal, non-commercial purposes, subject to the terms of this Agreement. • For iOS Users: This license is limited to using the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, where applicable). • For Android Users: This license is limited to using the App on any Android-compatible device that you own or control, and as permitted by the Google Play Terms of Service. • For Web Users: This license is limited to accessing and using the Service through a standard, supported web browser on your compatible internet-connected device. 3. Maintenance and Support The Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. You and the Company acknowledge that neither Apple, Google, nor any other third-party platform or web hosting provider has any obligation whatsoever to furnish any maintenance and support services with respect to the App. All support inquiries must be directed to Fernandez Software LLC at support@plainly.dating. 4. Warranty and Refund Policy The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in this Agreement. • iOS Purchases: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you in accordance with Apple's refund policies. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. • Android Purchases: For purchases made through Google Play, refund requests are governed by Google Play refund policies. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App. • Web Purchases: For purchases made directly through our web application or via authorized third-party payment processors (such as Stripe), refund and billing inquiries are handled directly by the Company. In the event of any warranty or billing issues, you may contact support@plainly.dating. Except as provided above, to the maximum extent permitted by applicable law, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility. 5. Product Claims You and the Company acknowledge that the Company, not Apple or Google, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. 6. Intellectual Property Rights You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. 7. Legal Compliance and Age Eligibility (18+ Strictly Enforced) By accessing or using the App, you represent and warrant that: (i) You are at least 18 years of age. Plainly is an adult dating platform exclusively for individuals who are 18 years of age or older. Anyone under the age of 18 is strictly prohibited from creating an account, accessing, or using the Service; (ii) 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 (iii) You are not listed on any U.S. Government list of prohibited or restricted parties. 8. Third-Party Terms of Agreement You must comply with applicable third-party terms of agreement when using the App. For example, you must comply with your wireless data service agreement, internet service provider terms, Apple App Store Terms of Service, Google Play Terms of Service, and payment processor terms (including Stripe) when accessing or transacting within the App. 9. Third-Party Beneficiaries You and the Company acknowledge and agree that: • For iOS Users: Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. • For Android Users: Google LLC and Google's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. 10. Purchases, Subscriptions, and Billing The App may offer premium features, virtual credits, or recurring subscription memberships ("Subscriptions"). • Platform Billing: Subscriptions or purchases initiated on iOS are processed and billed through Apple In-App Purchases. Subscriptions or purchases initiated on Android are processed and billed through Google Play In-App Billing. • Web Billing: Subscriptions or purchases initiated on the Web are processed securely by authorized third-party payment processors (such as Stripe). By providing payment details on the Web, you authorize our payment processor to charge the applicable fees to your selected payment method. • Renewal and Cancellation: Subscriptions automatically renew at the stated intervals unless cancelled prior to the end of the current billing cycle. You may cancel your subscription at any time: (a) on iOS via Apple ID Subscriptions settings; (b) on Android via Google Play Subscriptions; or (c) on Web via Account Settings or our customer billing portal. Cancellation becomes effective at the end of the current paid billing period. • Refunds: Except as expressly required by applicable law or platform policies, all purchases and subscription charges are non-refundable. For web payment inquiries, contact support@plainly.dating. 11. Acceptable Use Policy (AUP), User-Generated Content (UGC) Policy, and Prohibited Conduct The App allows users to upload, post, stream, and share text, profile information, images, audio, and live video ("User Content"). You retain ownership of your User Content, but by sharing it, you grant the Company a worldwide, royalty-free, non-exclusive license to host, store, display, reproduce, and distribute your User Content to operate, moderate, and improve the App. Zero Tolerance & Acceptable Use Policy (AUP): We maintain a strict zero-tolerance policy regarding objectionable content, illegal conduct, exploitation, and abusive behavior across iOS, Android, and Web platforms. You strictly agree NOT to upload, post, stream, transmit, facilitate, or engage in any User Content or conduct on or through the Service that: • Illegal Conduct: Violates any applicable local, state, federal, or international law or regulation, or promotes, facilitates, or instructs others to engage in illegal conduct or unlawful activities of any kind; • Child Sexual Exploitation and Abuse (CSAM/CSAE): Involves Child Sexual Abuse Material (CSAM), Child Sexual Exploitation and Abuse (CSAE), child grooming, or any depiction, endangerment, or exploitation of minors (all such content is immediately reported to the National Center for Missing & Exploited Children (NCMEC) and law enforcement); • Sexually Explicit Content (Including Consensual Content): Contains sexually explicit profile content, including consensual sexually explicit content, nudity, pornography, sexually explicit text/bios, or live-streamed nudity or sexual acts across profiles, photos, messages, or video dates; • Sexual Violence, Assault, Coercion, and Non-Consensual Harassment: Involves, depicts, threatens, or promotes sexual violence, sexual assault, rape, sexual coercion, sextortion, domestic abuse, or any form of non-consensual sexual or general harassment, unwanted sexual advances, stalking, intimidation, or threats of physical harm; • Non-Consensual Intimate Imagery (NCII) and Revenge Porn: Involves non-consensual intimate imagery, "revenge porn," non-consensual sexual content, upskirting, voyeurism, deepfake intimate imagery, or the unauthorized recording, screenshotting, distribution, or sharing of private intimate photos, messages, or live video streams without explicit consent; • Human and Sex Trafficking Facilitation: Involves, facilitates, promotes, or solicits human trafficking, sex trafficking, forced labor, modern slavery, or commercial sexual exploitation, as well as any solicitation, facilitation, or promotion of prostitution, escort services, or commercial sex work; • Scams, Romance Scams, Financial Fraud, and Deceptive Solicitations: Involves scams or fraud targeting users, including romance scams, catfishing, deceptive impersonation, financial fraud, extortion, phishing, money laundering, soliciting money, financial assistance, gift cards, or cryptocurrency from other users, or any deceptive, fraudulent, or unauthorized commercial solicitations; • Hate Speech, Violence, and IP Infringement: Promotes violence, terrorism, self-harm, hate speech, racism, defamation, or discrimination based on protected characteristics, or infringes upon any third party's copyright, trademark, privacy, or other intellectual property rights; • Platform Abuse and Spam: Involves spam, bots, automated scraping, data harvesting, malware, or attempts to circumvent platform security, age-gating, or moderation controls. Moderation and Enforcement: Across all platforms (iOS, Android, and Web), the Company provides active safety mechanisms: • Report: You can report objectionable content, AUP violations, abusive conduct, romance scams/fraud, or suspected underage users directly within the App or by contacting support@plainly.dating. • Block: You can immediately block any user from contacting or interacting with you. • 24-Hour Review and Removal: We review reports of objectionable content and user misconduct within 24 hours. Violating content is removed promptly, and offending accounts are ejected and permanently banned. • Law Enforcement Referral: Any illegal conduct, human/sex trafficking, CSAM/CSAE, sexual violence, financial fraud, or threats of physical harm will be promptly reported to relevant law enforcement and regulatory authorities. 12. User Conduct and Dating Safety You are solely responsible for your interactions with other users. The Company does not conduct criminal background checks or identity verifications on all users. The Company is not responsible for the conduct of any user on or off the App. You agree to exercise sound judgment and take all reasonable safety precautions in all interactions, particularly if you choose to communicate off the App or meet in person. Never send money, gift cards, cryptocurrency, or financial information to another user. 13. Privacy and Data Protection Your privacy is important to us. Our collection, storage, use, and sharing of your personal data are governed by our Privacy Policy (available at https://backoffice.plainly.dating/privacy-policy and within the App). By using the App, you consent to our data practices. 14. Law Enforcement Cooperation The Company cooperates with law enforcement authorities in investigating criminal activity and protecting user safety. For details on how we process legal requests, warrants, subpoenas, and emergency disclosure requests, please review our Child Safety & Law Enforcement Protocols available on our website and in the App at https://backoffice.plainly.dating/child-safety. 15. Termination We reserve the right to suspend, disable, or terminate your account and your access to the App at any time, with or without notice, if we believe you have violated this Agreement, our Acceptable Use Policy (AUP), our UGC Policy, child safety standards, or for any other reason at our sole discretion. 16. Limitation of Liability and Disclaimer Except where prohibited by law, the App is provided "AS IS" and "AS AVAILABLE." We explicitly disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. In no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages resulting from your use of the App or the conduct of other users. 17. Contact Information If you have questions, complaints, warranty claims, or legal notices with respect to the App, please contact us at: Company Name: Fernandez Software LLC Address: 121 N Deerwood Ave, Orlando, FL 32825 Phone Number: 321-432-8155 General & Support Email: support@plainly.dating Legal & Law Enforcement: lawenforcement@plainly.dating