Terms of Service

Last modified: February 16, 2024

Welcome to amo ("amo"). Let’s get to it.

We wrote these Terms of Service (“Terms”) so you can understand the rules that apply when you use our services (“Services”). While we’ve tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that – these Terms do indeed form a legally binding contract between you and amo, so please read them carefully.

In order to use the Services, you must accept these Terms, which are presented to you when: you first open the Services prior to tapping “Get me in” and whenever we make a substantial change to the Terms. If you don’t accept the Terms you won’t be able to use the Services. These Terms cover all our Services and as such you only need to accept them once.

1. Who can use amo

Our Services are not intended to be used by anyone under 16 years old. However, if you’re under 16, you can create an account and use the Services only if your country of residence legally allows for a lower age and as long as that lower age is not less than 13 years old. No one under 13 is allowed to create an account or use the Services. You must also be old enough to contract with our Services, including the processing of your data in your country. It is important that you provide us with accurate information about your age, as it allows us to provide a safe and positive experience for all of our users.

By using the Services, you state that you can form a binding contract with amo and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services should not be used for business or commercial purposes. If you wish to use the Services for businesses or commercial purposes please contact us on Instagram.

2. Your account

In order to use the Services, you are required to create an account. Just follow the steps in app to do so. Here is some important information about your amo account.

One account only

One account per person. We’re all unique and so your account should be too. That means you:

• Can only create an account using your real identity, and for personal purposes;
• Can’t create an account using another person’s identity, that’s really not cool and illegal;
• Must provide accurate information about yourself;
• Can’t create a new account if you have been permanently banned.

Name

We ask you to share your first name and last name when you create an account. This is the name that will be displayed when you use the Services. You must use your real first name and last name. Remember, most of the data in your profile is public and will be visible to people using the Services. This means that friends of friends can find you via public friend lists, through search, or through suggestions made by amo. Your profile may also be visible to a larger number of amo users depending on your use of the Services.

Phone number and verification

You'll need an active phone number to create an account. We require you to verify your phone number during the registration process to prevent others from creating accounts with it. We'll send a text message containing a verification code to the phone number you provide. To complete the registration, you'll need to enter the received code.

Please note that your amo account is tied to your phone number. To continue using our Services, make sure your phone number remains valid. If your phone number becomes invalid, you won't be able to access your account anymore.

If you need to change your phone number but want to keep your data, please contact us on Instagram or by email at love@amo.co.

Onboarding is unique and happens once, when you first register to the Services. Your account then gives you access to all Services. The above described verification only happens once.

Geolocation

During registration we will request access to your device’s location. You can turn your device’s location data on and off at any time through your device settings. Just remember that some Services only work when device location is turned on. We understand, of course, that there may be times where you don’t want to share your location data. We provide more details on this in Section 3 of these Terms and in our Privacy Policy.

Contacts and friends

In order to interact with your friends on the Services, we'll ask for permission to access your contacts. This will let you add friends who are already using our Services and invite others from your contacts who haven't yet joined. Please keep in mind that your carrier may charge you for sending text messages when inviting friends, depending on your data plan.

Notifications

You can turn on notifications to stay updated on your friend requests, interactions, when your friends posted new photos, and much more.

Account security

Account security is important to us. Since there are no password requirements, it's essential to protect your phone with a strong password and avoid letting others use your account. If you suspect any fraudulent activity or unauthorized use of your account, please let us know immediately via Instagram. We'll do our best to help you as quickly as possible. To help protect your data you should use a lock screen in case your phone gets lost or stolen.

3. Description of services

We want to offer you an interconnected experience when using the Services that make up amo. Said services are listed and described in our List of Services. Services are listed here.

4. Rights we grant you

amo grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

The Services that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. When the updates are not necessary with a Service’s digital compliance, you’ll have the right to refuse the update or, where applicable, uninstall the app.

Our Services are for humans only—no AI or bots!

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 any of the software that form our Services, unless laws prohibit these restrictions, or you have our written permission to do so. However, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through Instagram.

5. Scraping

Extracting data from our Services, including our website, via an automated process, such as a bot, a web crawler or any other means is strictly prohibited. You may not scrape amo Services for any purposes, especially not for the purposes of selling people’s data.

You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data you do not have permission to access. We also reserve all of our rights against text and data mining.

6. License

When you use our Services you may create a profile, photos, comments, geolocation, interest points, and any other content (“Content”).

You own the Content you share through our Services. However, amo needs to use your Content to let you enjoy our Services. Therefore, in exchange for using our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the Content you publicly share in any and all media or distribution methods as well as to provide, promote, and improve our Services. This license authorizes us to make this Content available to the rest of the world and to let others do the same. Additionally, you also agree that this license grants amo the right for the duration of your use of the Services to make this Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, marketing purposes or publication on other media and Services. Such additional uses by amo, or other companies, organizations, or individuals, is made with no compensation paid to you with respect to the Content as the use of our Services by you is hereby agreed as being sufficient compensation.

Finally, amo is free to use any feedback, comments, or suggestions you may provide regarding our Services. We can use them to develop any materials, items, features, or other Services.

7. Privacy

Your privacy matters to us. You can learn how your data is handled when you use our Services by reading our Privacy Policy. Please read it!

8. Respecting other people’s rights

We respect the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:

• Violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
• Bullies, harasses, or intimidates;
• Defames;
• Spams or solicits our users.

Our Services exist to provide a safe space for everyone to improve their friendships and freely share experiences. We especially do not tolerate hijacking or misusing our Services to monitor or stalk people, such behavior will result in an immediate ban.

You must also respect the rights of amo. These Terms do not grant you any right to do any of the following (or enable anyone else do so):

• Use branding, logos, designs, photographs, videos, or any other materials used in our Services;
• Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms;
• Use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

9. Safety

We work hard to keep our Services a safe place for all users, but we need your help. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these Terms;
• You will not create fake accounts or use someone else’s identity to create an account;
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ data;
• You will not use or develop any third-party applications that interact with the Services or other users’ content or data without our written consent;
• You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
• You will not create spams, ads or scams;
• You will not transmit notifications of illegal content or claims that you know to be unjustified;
• You will not use or attempt to use another user’s account without their permission;
• You will not post content that contains pornography, graphic violence, threats, hate speech, harassment, bullying, dangerous activities or challenges, sexual content, incitement of self-harm, incitement of suicide, nor incitements to violence;
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access;
• You will not probe, scan, or test the vulnerability of our Services or any system or network;
• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So please don’t use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving, cycling, scootering, rollerblading (you get the idea).

10. Paid features

Some direct purchases can be made within our Services to access additional features, we refer to those collectively as the "Paid Services", self-explanatory. The characteristics of Paid Services and their current prices are specified in the Services.

We provide our Services internationally. As a result, the prices of the Paid Services may vary depending on several factors, and will be detailed for each Paid Service. We also regularly test new features and offers. You will be informed of the applicable price prior to purchasing the relevant Service.

The purchase process for Paid Services is handled by the mobile application marketplace of your device’s operating system. In order to make a purchase, you must have a user account on Google Play for Android or the App Store for iOS.

The stores are our partners but they are not us. Please carefully read the terms and conditions of these application marketplaces. We are responsible for delivering the Paid Service, but the application platform is responsible for the management of your order, your payment, and withdrawal rights when applicable. The refund policies for the App Store are available here, and those for the Google Play Store are available here; they may depend on your country/region.

We do not offer a right of withdrawal for purchases of any Paid Services, as the Paid Services are duly performed by us upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree that the Paid Service is available immediately after purchase and that you are not entitled to cancel this purchase or use your right of withdrawal regarding this purchase (unless otherwise provided by your mobile application marketplace).

11. Third party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. amo is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

12. Reporting illegal content

While we are not under any obligation to preemptively monitor the Content people share through our Services, we want our Services to be a safe place free from hate and derogatory content. Content that violates another person’s rights, or does not comply with laws, rules, regulations, or these Terms is prohibited. If you see any illegal Content, you can report it to us through the reporting feature in app.

If you believe your Content has been copied in a way that infringes on your intellectual property rights, you can report this directly in the Services or by contacting us love@amo.co.

13. Account suspension and deletion

We may temporarily or permanently suspend your account and prevent you from using our Services if we have determined that you have shared illegal Content or used our Services in a way that violates another person’s rights, or does not comply with laws, rules, regulations, or these Terms. Suspension duration can vary and would always be proportionate to your breach.

When a user reports content on amo (e.g., a capture, comment, drop) we take action based on our Terms of Service and other relevant policies. If the reported content violates these guidelines, we delete it and suspend the reported user from amo. After reviewing the reported content, we inform the reporter of our decision (if the content has been deleted or not and for what reason). When we delete content or take action against a user's account, we always inform the user, including the reasons for the decision.

If your misuse is of a particularly serious nature, we may suspend your access to the Services and your account immediately. To determine the suspension of your access to the Services and your account, we may take into consideration the number of manifestly illegal content, manifestly unfounded notifications, complaints and the seriousness of such misuse, including its consequences.

To protect you, other users, and our Services, we may also temporarily suspend your account in the event that we detect abnormal activity which could present technical or security risks to you, other users or our Services. You can also delete your account at any time via the settings of the Services.

14. Moderation Rules and Methods

When moderating content on amo, we categorize actions into three main areas: maintain content, remove content, and suspend accounts:

• Maintain: amo apps bring friends together, meaning the overwhelming majority of content on amo is not illegal nor does it violate our Terms of Service or our policies. However, it is important to note that just because content doesn’t violate a policy, it doesn’t guarantee that it won’t be subject to moderation based on reports from users who hold different beliefs.
• Remove: If content is reported as illegal or as violating our Terms of Service and is reported to amo, we promptly remove it and we suspend the users's account.
• Suspend: When a user's content is removed, they are suspended and lose access to their account. The length of suspension depends both on the number of misuses of our services and the severity of this misuse. Upon the first instance of content removal, the user is suspended for one week. For a second offense, the suspension lasts for one month, and for a third offense, the suspension extends to one year.

When we take action against content or an account, we will always inform you, clearly explaining the reasons for our decision.

Use of Human Moderation

Our human moderators actively engage in manual content reviews to identify potential violations of our Terms of Service and instances of Illegal Content. Additionally, we conduct proactive verifications for specific high-priority categories of content that may potentially violate our policies.

Use of Automated Moderation

Our human moderators can be equipped with a range of tools and resources to facilitate their review process. These tools assist review teams by prioritizing content based on severity and the likelihood of a policy violation. Our review systems leverage technology to prioritize high-severity content, aiming to mitigate harm effectively.

15. Modifying the services and termination

We’re relentlessly improving our Services. This means that we may add or remove functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will do our best to notify you beforehand.

Though we hope you remain a lifelong user, you can terminate these Terms at any time and for any reason by deleting your account.

amo may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t promise we will. Our right to terminate these Terms means that we may stop providing you with any Services or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity (12 months).

Regardless of who terminates these Terms, both you and amo continue to be bound by Sections 2, 8, 14, 22 of the Terms.

16. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless amo and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorney fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) your Content and (c) your breach of these Terms.

17. Disclaimers

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, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while amo attempts to provide a best-in-class user experience, we do not represent or warrant that (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.

If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.

amo and our affiliates take no responsibility and assume 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 amo, nor affiliates will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

18. Limitation of liability

amo and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents 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 use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. In no event will amo or affiliates aggregate liability for all claims relating to the Services exceeding the maximum extent permissible in your country of residence.

If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.

19. Dispute resolution

If you have a concern, let’s talk. We encourage you to contact us first on Instagram and we’ll do our best to resolve the issue.

20. Exclusive venue

To the extent these Terms permit to initiate litigation in a court, both you and amo agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of France, unless this is prohibited by the laws of the country where you reside. You and amo consent to the exclusive jurisdiction of those courts.

21. Choice of law and jurisdiction

The laws of France govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of France to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

Also, in accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the EU by extrajudicial means. This service can be accessed at the following address: https://webgate.ec.europa.eu/odr/.

22. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

23. Final terms

• These Terms make up the entire agreement between you and amo and supersede any prior agreements;
• These Terms do not create or confer any third party beneficiary rights.
• Any provisions in these terms not enforced will be considered a waiver.
• We reserve all rights not expressly granted to you.
• You may not transfer any of your rights or obligations under these Terms without our consent.

Contact us

We’d love to hear from you. Feel free to contact us on Instagram or by email at love@amo.co if you have questions or if you have feedback regarding our Services.

You can also reach us by postal mail at:

amo SAS
71 Boulevard de Clichy 75009,
Paris, France

Authorities

For enquiries related to the Digital Services Act (DSA), amo has designated a single point of contact for Member States’ authorities, the European Commission, and the European Board for Digital Services. Enquiries can be sent by email to dsastuffonly@amo.co in English or French. This email should not be used for any other purpose.