Terms of Service

#1. About these Terms and acceptance

In short: these Terms are a binding contract between you and the company that runs Hibixa. By creating an account, you accept them.

1.1 Who we are. Hibixa is a dating and community app for the Caribbean community and its diaspora. It is operated by Santanila Inc., a corporation incorporated under the Canada Business Corporations Act, with its registered office at 14-42 Steinway Blvd, Etobicoke, Ontario M9W 6Y6, Canada ("Hibixa", "we", "us", "our").

1.2 What these Terms cover. These Terms of Service (the "Terms") govern your use of the Hibixa apps for iOS and Android, the website at hibixa.com, and every feature, content item, purchase and communication we provide through them (together, the "Service").

1.3 How you accept. Before you enter your email address, the sign-in screen links to these Terms and our Privacy Policy and states that you must be 18 or older. When you verify your email to create an account, you confirm that you have read and accept these Terms and the Privacy Policy. We record which version of each document you accepted and when. If you do not agree, do not create an account or use the Service.

1.4 Documents that form part of these Terms. The following are incorporated by reference, and breaking any of them is a breach of these Terms:

• the Privacy Policy, which explains what personal information we collect, how we use it and how long we keep it;
• the Community Guidelines, which sets out how members must behave, including the zero-tolerance rules in Section 8;
• the Safety Tips shown in the app;
• any additional terms shown to you for a specific feature, promotion or program.

If an additional term conflicts with these Terms, the additional term controls for that feature only.

1.5 Version. These Terms are version terms-2026-10-30, effective 30 October 2026.

#2. Eligibility and age restriction

In short: adults only (18+), able to contract, never previously banned, one account per person.

2.1 Adults only. You must be at least 18 years old to create an account or use the Service. If the age of majority where you live is higher, you must have reached it. There is no parental-consent pathway. The Service is not directed to minors, and we do not knowingly collect personal information from anyone under 18.

2.2 Date of birth check. During sign-up you must enter your real date of birth. We calculate your age on our servers and will not let an account continue if you are under 18. Giving a false date of birth is a serious breach of these Terms.

2.3 Suspected minors. If we learn or reasonably suspect that a member is under 18, we will suspend the account and delete it under Section 20. Anyone can report a suspected minor in the app or at support@hibixa.com.

2.4 Other conditions. By creating an account you also confirm that:

• you can legally enter into a binding contract;
• you have never been convicted of a violent or sexual offence and are not required to register as a sex offender in any jurisdiction;
• we have not previously banned you, unless we have given you written permission to return;
• you are not barred from using the Service under the laws of Canada or of the country where you live;
• you will hold only one account.

2.5 Where the Service is offered. The Service is intended for people in Canada, the United States and the Caribbean. We may limit or change availability in any country. You are responsible for following the laws that apply where you use it.

#3. Your account, email sign-in and security

In short: you sign in with a code sent to your email. There is no password and no phone number. Keep your email and phone secure.

3.1 Email sign-in. Hibixa does not use passwords or phone numbers. You sign in with your email address and a six-digit one-time code we email to you. You must use an email address you own and control. Disposable or temporary email addresses are not accepted.

3.2 Code limits. Codes expire quickly and can be requested and entered only a limited number of times. If you go over a limit, sign-in pauses for a while. For security we do not tell you which limit was reached. If a code does not arrive, check your spam or junk folder.

3.3 Security question. During sign-up you choose a security question and answer. We store the answer only as a one-way hash and cannot tell you what it is. You will need it to delete your account in the app (Section 20).

3.4 Devices and sessions. When you install the app, our servers issue your device a random identifier stored in its secure storage. Your sessions are tied to that device and stay signed in for up to 180 days of inactivity. If a session is copied to another device or reused after it was replaced, we end it and you must sign in again. Signing out ends the session on that device only.

3.5 Your responsibilities. You are responsible for all activity on your account; for keeping your email account, device and security answer secure; for keeping your information accurate; and for telling us at support@hibixa.com if you think someone else has accessed your account.

3.6 No transfers. Your account is personal. You may not sell, rent, share or transfer it, or let anyone else use it.

#4. Photo verification

In short: you take two selfies copying two poses, a person reviews them, and if approved you get a verified badge and can send messages. Selfies are deleted within 90 days and are never shown to anyone.

4.1 How it works. The app shows you two pose illustrations chosen at random, and you take one live photo copying each pose. The photos go to a restricted storage area that other members cannot access. A Hibixa reviewer compares them with your profile photos and approves or rejects the submission.

4.2 What verification unlocks. Only verified members can send messages (Section 7). You can create an account, build a profile and like people without verifying. Paying for a subscription does not replace verification.

4.3 No reward for verifying. We do not give Super Likes, credits or any other reward for completing verification.

4.4 What we keep. Verification selfies are used only to confirm you match your profile photos and to investigate fraud, safety reports and appeals. They are never shown on your profile or to other members. They are deleted 90 days after you submit them, or at our next daily clean-up after you delete your account. We keep only the result showing that you were verified.

4.5 Honest submissions only. You must submit live photos of yourself. Submitting someone else's photos, edited or AI-generated images, or photos of a screen is a serious breach.

4.6 What a badge does not mean. A badge means only that, when reviewed, the person who took the selfies appeared to match that profile's photos. It does not confirm anyone's identity, name, age, character, criminal history, relationship status or intentions. Do not trust someone because of a badge.

4.7 Our discretion. We may reject a submission, ask you to verify again, or remove a badge at any time, including after a report.

#5. Your profile and content

In short: you own what you post and give us a limited licence to show it. Only people the app puts in front of you, or who you have matched or unlocked, can see your full profile. There are no public profile links.

5.1 Member Content. "Member Content" means anything you submit: photos, first name, date of birth, profile answers (such as height, profession, religion, ethnicity, country of origin and who you are interested in), messages, reports and anything else.

5.2 Profile requirements. Your profile must be truthful and about you. You must have at least two and no more than five photos, all of you and recent, with your face clearly visible in at least one. Photos are automatically checked before they appear, and we may reject any photo.

5.3 Who can see your profile. Other members see your profile card (first name, age, photos, verified badge, approximate distance, how recently you were active, and the profile details you chose to share) only when you appear in their discovery deck, in their likes after it is unlocked, or in their matches. We do not offer shareable or public profile links, and your profile is not visible on the web.

5.4 Sensitive details are optional. Fields such as religion and ethnicity are sensitive; you choose whether to share them. Do not put contact details, social media handles, financial information or anyone else's personal information in your profile.

5.5 Location. If you allow location access, we use your device's location to find people near you and to show others your approximate distance. We never show your exact location to other members.

5.6 Licence to us. You keep ownership of your Member Content. You grant Hibixa a worldwide, non-exclusive, royalty-free licence, sublicensable only to service providers acting for us, to host, store, copy, process, resize, display and transmit your Member Content solely to operate, secure, moderate and improve the Service. The licence ends when the content is deleted under Section 20, except for records we must keep under Section 20.4.

5.7 No advertising use without permission. We will not use your photos or name in advertising or marketing outside the app without your separate, express permission.

5.8 Your promises. You confirm that you own or have the rights to your Member Content, that it does not infringe anyone's rights, and that it complies with these Terms and the Community Guidelines.

#6. Discovery, likes, flowers, rewinds and matches

In short: you swipe through a deck of profiles. Free members get 15 likes a day; daily limits reset at 08:00 UTC. You can send the same person at most 10 Super Likes and 10 Flowers a day. A mutual like is a match.

6.1 Your deck. We show you profiles based on your preferences, distance and activity. We never show you anyone you have blocked or who has blocked you, banned or deleted accounts, or people you have already acted on. We do not guarantee how many profiles you will see or that anyone will like you back.

6.2 Actions. On each profile you can pass, like, send a Super Like, or send Flowers. A like or Super Like that is returned becomes a match.

6.3 Daily likes. Free members get 15 likes per day and can earn up to 15 more by watching rewarded ads (Section 16). Gold and Platinum members have unlimited likes. Daily limits reset every day at 08:00 UTC (4:00 am Eastern). Unused daily likes do not carry over.

6.4 Limit per person. To prevent harassment, you can send any one person at most 10 Super Likes and 10 Flowers in any 24 hours, whatever your balance. If someone blocks you, you can no longer send them anything.

6.5 Flowers. When you send Flowers, your profile is placed into the recipient's deck near the front (within roughly the next 5–15 profiles), even if you are outside their filters. Free recipients find out who sent them Flowers when they reach your profile; paid recipients see it in their likes.

6.6 Rewinds. A Rewind undoes your last pass, like or Super Like. Flowers cannot be rewound, and a match that already has messages cannot be rewound. A rewound like returns to your daily allowance; a rewound Super Like is returned to your balance. Free members have no Rewinds.

6.7 Seeing who liked you. Platinum members can see everyone who has liked them. Other members see these entries locked unless they unlock a specific person with a Profile Unlock, which permanently reveals that one person to you. We show the status of likes you have sent as Unseen, Seen or Match, and we never tell anyone that they were passed on.

6.8 Preferences. Free members can filter by gender, age and maximum distance. Gold and Platinum unlock additional filters (such as location, height, religion, country of origin and profession). If your subscription ends, your paid filters are saved but switched off until you subscribe again.

6.9 Matches end. Either person can unmatch at any time. Unmatching or blocking ends the match for both people; neither will be shown to the other again.

#7. Messaging

In short: once you match, verified members can chat. Messages are encrypted when stored but are not end-to-end encrypted, so we can access them where the law requires or to keep people safe.

7.1 Who can message. You can message a person only after you match. You must be verified (Section 4) to send messages, whether you are on a free or paid plan. An unverified member can open a match but cannot send.

7.2 What you can send. Messages are text only, up to 1,000 characters each. We may limit how many messages you can send in a short time.

7.3 Automated filtering. Messages are checked by an automated filter before they are sent. If a message contains language on our blocked list, it is not sent and not stored, and you will see that it was blocked. The filter is a basic safeguard, not a moderator; it will not catch everything, and you remain responsible for what you send.

7.4 How messages are stored. Messages are encrypted when stored, using keys controlled by Hibixa. They are not end-to-end encrypted. Our staff do not read messages as a matter of routine. We may access specific messages only where needed to investigate a report you or another member makes, to respond to a valid legal order, or where we believe in good faith that someone's life or safety is at risk (Section 19.4).

7.5 When a chat ends. If either person unmatches or blocks, the chat is hidden from both people and neither can send further messages. The other person is not told whether it was an unmatch or a block. Hidden chats are kept until one of you deletes your account and are then deleted on the timeline in Section 20.

7.6 Delivery. We deliver messages while the app is open. We do not guarantee delivery, timing or that messages will be read.

#8. Zero tolerance and prohibited conduct

In short: Hibixa has zero tolerance for objectionable content and abusive users. Break these rules and we can remove your content and your account without warning.

8.1 Zero tolerance. Hibixa has zero tolerance for objectionable content and abusive behaviour. By using the Service you agree not to post, send or share objectionable content and not to abuse, harass or threaten other members. When we find or are told about a breach, we may remove the content and suspend or permanently ban the account responsible, without prior notice. We aim to review reports within 24 hours.

8.2 You agree not to:

1. Harm others: harass, bully, stalk, threaten, intimidate, defame or abuse anyone; send unwanted sexual messages; or encourage violence or self-harm.
2. Discriminate: post hate speech or attack people for their race, ethnicity, national or island origin, colour, religion, sex, gender identity, sexual orientation, age or disability.
3. Exploit minors: post, request or share anything that sexualises or endangers a person under 18. We report this to law enforcement.
4. Deceive: impersonate anyone; misrepresent your age, identity, relationship status or intentions; or run a fake, duplicate or automated account.
5. Scam or solicit: ask members for money, gifts, cryptocurrency, investments or financial details; run romance scams; or advertise or sell anything.
6. Offer or seek commercial sex, including escort services.
7. Share without consent: post or send intimate images of anyone without consent, or share another member's personal information or messages.
8. Post illegal or explicit content: nudity, sexually explicit material, graphic violence, or content promoting illegal drugs or weapons.
9. Infringe rights: post material you have no right to use.
10. Spam or pressure: use Super Likes, Flowers or messages to pressure or harass someone, or try to get round the limits in Section 6.4.
11. Misuse the platform: use bots, scripts, scrapers or modified apps; intercept, alter or replay app traffic; reverse engineer or interfere with the app or our servers; or try to get round rate limits, filters, purchases, security controls or bans.
12. Abuse promotions: create extra accounts, share or sell promo codes against their terms, or manipulate ads or promotions to get rewards.
13. Evade enforcement: create a new account after we have suspended or banned you.

8.3 Off-platform conduct. We may act on behaviour outside the Service, including in person, if it involves another member and creates a safety risk.

#9. Safety and interactions with other members

In short: we work to keep Hibixa safe, but we cannot screen every member. You are responsible for your own safety.

9.1 No background checks. Hibixa does not conduct criminal background checks or identity screening on its members. Beyond the limited photo check in Section 4, we do not verify what members say about themselves.

9.2 Your interactions are your responsibility. You are solely responsible for your interactions with other members, online and in person. We are not responsible for any member's conduct. Follow our Safety Tips, including:

• meet for the first time in a public place and tell a friend where you will be;
• arrange your own transport and stay in control of your drinks;
• never send money or financial details to someone you met on Hibixa;
• keep conversations in the app until you trust someone;
• report anything that makes you uncomfortable.

9.3 Emergencies. Hibixa is not an emergency service. If you are in danger, contact local emergency services immediately.

9.4 Disputes between members. We may help with, but are not required to resolve, disputes between members. To the extent the law allows, you release Hibixa from claims arising from those disputes.

#10. Blocking, unmatching, reporting and moderation

In short: you can block, unmatch or report anyone. A block is permanent, follows the person if they make a new account, and is never revealed to them.

10.1 Blocking. You can block any member from their profile or your chat. A block immediately ends any match, hides your chat from both of you, stops all likes, Flowers and messages between you, and removes each of you from the other's deck. The other person is not told they were blocked.

10.2 Blocks follow re-registration. If someone you blocked deletes their account and signs up again with the same email address, your block still applies. To do this we keep a scrambled (hashed) fingerprint of their email address with your block; it is deleted when your account is deleted.

10.3 Reporting. You can report a member, or a specific message, when you block them. A report needs a reason and, for some reasons, a short description (20–2,000 characters). Reporting the same person again does not create a duplicate report. Filing false or malicious reports is a breach of these Terms.

10.4 How we handle reports. Reports go to our support team. We aim to review them within 24 hours and may remove content, restrict features, or suspend or ban accounts under Section 11. We may read the reported messages to investigate.

10.5 Moderation. We use automated tools (such as photo checks and the message filter) and human review. We may review, restrict, remove or refuse any content at our discretion. We are not obliged to monitor all content and are not responsible for content posted by members.

10.6 Records. We keep records of reports and moderation decisions so they can be reviewed, including on appeal and for legal requests (Section 20.4).

#11. Suspension, bans and appeals

In short: if you break these Terms we can restrict or permanently ban you, including from creating new accounts on the same device. You can appeal by email.

11.1 Our actions. If we believe you have breached these Terms or the Community Guidelines, or that your use creates risk for members, for Hibixa or for others, we may, with or without notice: remove content or a verified badge; limit features; temporarily suspend your account; or permanently ban you.

11.2 How bans work. To stop banned people and automated accounts returning, a ban can apply to the device and technical signals linked to the banned account, such as the app-issued device identifier, device model, operating system version, network information and a hashed form of the email address, as well as the account itself. A banned device or email sees a notice that access is blocked, including when trying to create a new account. Ban records are kept for as long as the ban is in force.

11.3 Duration. Bans are permanent until we lift them.

11.4 Appeals. If you think a ban or suspension is a mistake, email support@hibixa.com from the email address linked to the account, with anything that supports your appeal. A person will review it and may lift the ban, keep it or ask for more information. Our decision on appeal is final, subject to your rights under applicable law.

11.5 Effect on purchases. If we ban you for breaching these Terms, you lose access to your subscription, Virtual Items, promo benefits and launch gift, and you are not entitled to a refund except where the law or the App Store's refund policy requires. You are still responsible for cancelling any store subscription (Section 13.5).

11.6 Service protections. To keep the Service available, we may temporarily pause sign-in, code sending or other functions for everyone or for a region, for example during an attack, and will restore them as soon as we reasonably can.

#12. Pre-launch and the launch gift

In short: if you signed up before launch, you get a free gift the first time you open the app after launch (currently 30 days of Platinum), plus 2 Super Likes. Your pre-launch position is shown as a thank-you.

12.1 Pre-launch mode. Before full launch, the Service runs in pre-launch mode. You can create an account, complete your profile and verification, and wait for launch. Discovery, likes, matching, messaging and purchases are not available until we switch them on.

12.2 Your position. Pre-launch members are ordered by when they signed up. Your position is shown to you only when your launch gift is issued. Test accounts are removed before launch. If a member above you deletes their account before your gift is issued, everyone below them moves up. Once your gift is issued, the number shown to you does not change.

12.3 The launch gift. The first time you open the app after full launch, provided your account is active and in good standing, we will give you a free subscription. The gift is currently Platinum for 30 days; we may change the tier or length before launch. It starts when it is issued, does not renew automatically, and costs nothing. When it ends, your account returns to the free plan unless you buy a subscription.

12.4 If you already pay. If you already have an active paid subscription when the gift would be issued, you receive the thank-you message but not the free subscription. If you buy a subscription while your gift is active, the paid subscription replaces the gift.

12.5 Welcome Super Likes. Pre-launch members also receive 2 Super Likes at launch, and members who join after launch receive 2 Super Likes when they finish sign-up. Each member receives the welcome Super Likes only once. They do not expire while your account is open (Section 14).

12.6 Deleting gives up your place. If you delete your account and do not restore it within 30 days (Section 20.2), you give up your pre-launch position, launch gift and welcome Super Likes. They are not restored if you sign up again.

12.7 No guaranteed launch date. Launch timing, the features available at launch, and the countries where we launch may change. We will tell you in the app or by email.

#13. Subscriptions

In short: Gold and Platinum are sold only through the App Store and Google Play, renew automatically until you cancel in your store settings, and refunds are handled by the store.

13.1 Plans. The Service has a free plan and two paid plans, Gold and Platinum, available monthly, every 3 months, every 6 months or yearly. Prices are shown in the app and store before you buy and may differ by country and currency. Current plan features:

We may change plan features. If a change materially reduces a plan you have already paid for, it applies from your next renewal, and you can cancel before then.

13.2 Purchased through app stores only. Paid plans and items are sold only through the Apple App Store or Google Play (each an "App Store") and charged to your App Store account. The App Store's terms also apply to your purchase. We use a third-party service, RevenueCat, to confirm purchases and apply your benefits. We never receive your card details.

13.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period, at the price then in effect, unless you cancel at least 24 hours before the period ends. The App Store shows you the renewal terms before you buy and may give you a short grace period if a payment fails.

13.4 Monthly allowances. Super Likes, Rewinds and Flowers included with your plan are added every month from the date your subscription started, including on 3-month, 6-month and yearly plans. Unused monthly items expire when the next month's allowance is added; they do not roll over. Items you buy separately are never affected (Section 14).

13.5 How to cancel. Cancel through your App Store account settings. Deleting the app or your Hibixa account does not cancel a store subscription. After you cancel, you keep your plan until the end of the period you paid for.

13.6 Restoring and switching. If you reinstall or change devices, use Restore Purchases in the app. Upgrades and downgrades between plans are handled by the App Store. If you buy a subscription while a free promotional or launch subscription is active, the paid subscription replaces it.

13.7 When a subscription ends. Your account returns to the free plan, your monthly items expire, and paid filters are saved but switched off until you subscribe again. Items you bought separately stay on your account.

13.8 Refunds. Refunds are handled by the App Store under its own policies; Hibixa cannot issue refunds for App Store purchases. If a refund is granted, we remove the benefit that was refunded. Nothing in these Terms limits any cancellation or refund right you have under consumer protection law.

13.9 Price changes and taxes. We may change prices. For subscriptions, the App Store notifies you in advance and, where required, asks your consent before a higher price applies. Prices may include or exclude taxes as shown by the App Store.

13.10 No other payment methods. We do not sell subscriptions or items through any other payment method or website. Do not buy Hibixa benefits from anyone else.

#14. Virtual items, monthly allowances and purchased packs

In short: Super Likes, Flowers, Rewinds and Profile Unlocks are a licence to use a feature. They have no cash value. Items you buy never expire while your account is open; items included with a plan expire monthly.

14.1 What they are. "Virtual Items" means Super Likes, Flowers, Rewinds, Profile Unlocks and any similar items we offer. You can get them with a subscription, by buying a pack, or free as a gift.

14.2 Two kinds of balance.

When you use an item, we use your monthly balance first, then your permanent balance.

14.3 Profile Unlocks. Each Profile Unlock permanently reveals one person who liked you (Section 6.7). Unlocking the same person again does not use another Unlock.

14.4 Our records decide. Your balances are kept on our servers, and every use is checked and deducted there. What the app displays is a copy of our records; if they differ, our records apply.

14.5 Licence, not property. Virtual Items are a limited, personal, non-transferable, revocable licence to use a feature of the Service. They are not money and have no cash value, and cannot be exchanged for cash, sold, traded or transferred to another account.

14.6 Loss of items. Virtual Items are forfeited, without refund, if your account is deleted (after the 30-day restore window) or banned, or if the Service ends, except where the law requires otherwise. Rewards we promised at launch apply only to accounts in good standing.

14.7 Refunds, errors and abuse. If the App Store refunds a pack, we remove the refunded items from your permanent balance (down to zero if you already used some). If items were granted in error, or obtained through fraud, multiple accounts, intercepted or modified app traffic, or an exploit, we may remove them and act under Section 11.

#15. Promo codes, referrals and influencers

In short: promo codes can give you a free plan for a set time. We do not run a member referral program, and cash payments for promoting Hibixa need a separate written agreement.

15.1 Promo codes. We may issue codes that give a free Gold or Platinum subscription for a stated period. A code may be single-use or usable by a limited number of people, may expire, and may be withdrawn. Each member can benefit from a given promotion only once. A code cannot be redeemed while you have an active paid subscription. If you redeem a code while another free promotion is active, you keep the higher plan and the later end date. Promotional subscriptions do not renew automatically and cost nothing.

15.2 App Store offer codes. Some discounts may be offered as Apple offer codes or Google Play promo codes, redeemed in the App Store under its terms.

15.3 No referral rewards. We do not currently offer rewards for inviting friends. Any future referral program will have its own terms.

15.4 Influencers and creators. Cash commissions or other payments for promoting Hibixa are available only under a separate written agreement with us, which sets out eligibility, payment, tax and disclosure terms. Nothing in these Terms entitles any member to a payment.

15.5 Disclosure. Anyone promoting Hibixa in exchange for a benefit must clearly disclose that relationship, as Canadian competition and advertising law (and the law where the promotion is seen) requires.

15.6 Misuse. Codes may not be sold, published against their terms, or obtained through multiple accounts. We may cancel benefits obtained in breach of this Section.

#16. Advertising and rewarded ads

In short: the free plan shows ads from Google AdMob. Free members can watch optional ads for extra likes.

16.1 Ads on the free plan. The free plan includes ads served by Google AdMob. Gold has no ads. Platinum has no ads unless you choose to turn them on.

16.2 Rewarded ads. Free members may choose to watch a rewarded ad to earn 3 extra likes, up to 5 rewarded ads per day (15 extra likes), resetting at 08:00 UTC. A reward is granted only after Google confirms to our servers that the ad was completed; closing an ad early earns nothing. Paid members do not earn ad rewards. We may change or stop rewarded ads at any time.

16.3 Advertisers. We are not responsible for advertisers' products, services or websites. Your dealings with an advertiser are between you and them.

16.4 Tracking choices. How ad partners may use device information, and your choices (including Apple's App Tracking Transparency prompt), are explained in the Privacy Policy. We do not share your profile details, messages or email address with ad networks.

#17. Community and Calm

In short: we plan to add community group chats and a wellbeing section called Calm. When they launch, these Terms apply to them, plus any extra rules shown in the app.

17.1 Community. We may offer group chat rooms and community announcements. When we do, everything you post in a room is visible to every member of that room, including people you have not matched with. Sections 7, 8 and 10 apply to group chats, and we may require you to be verified before you can post.

17.2 Calm. We may offer a wellbeing section called Calm. Calm content is for general information and wellbeing only. It is not medical, psychological or professional advice, diagnosis or treatment, and does not create a professional relationship with anyone. Anyone featured in Calm is independent of Hibixa unless we say otherwise.

17.3 Crisis support. If you are in crisis or thinking about harming yourself, contact local emergency services or a crisis line immediately. Any contact numbers shown in the app are provided for convenience; we try to keep them accurate but cannot guarantee them.

17.4 Additional terms. Before these features launch, we may publish additional terms for them under Section 1.4.

#18. Communications and notifications

In short: we must email you sign-in codes and important notices. Marketing emails need your consent and you can unsubscribe any time.

18.1 Electronic communications. You agree that we may communicate with you in the app, by push notification and by email. Notices we send electronically satisfy any legal requirement that they be in writing.

18.2 Service messages. While you have an account, we send messages you cannot opt out of: sign-in codes, security alerts, and notices about these Terms, your account, purchases, bans and deletion.

18.3 Marketing emails. We send marketing emails (such as launch announcements and newsletters) only with your consent, as Canada's Anti-Spam Legislation (CASL) requires. Every marketing email identifies us, includes our mailing address and has a working unsubscribe link. Unsubscribe requests are processed within 10 business days.

18.4 Push notifications. If you allow push notifications, we may use them to tell you about launch, matches, messages and account activity. You can turn them off in your device settings.

18.5 Keep your email working. Email is the only way to sign in. Keeping your email address working is your responsibility; we are not responsible for messages lost or filtered as spam.

#19. Privacy, encryption and lawful access

In short: the Privacy Policy explains how we handle your information. We store data in Canada, encrypt sensitive data, never sell your information, and disclose messages only when the law requires it or someone's safety is at risk.

19.1 Privacy Policy. Our Privacy Policy, which follows Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), explains what we collect, why, who we share it with, how long we keep it, and your rights to access and correct it. By using the Service you acknowledge we will handle your information as it describes.

19.2 Headline commitments.

• Stored in Canada. Our main database and file storage are in Canada. Some service providers (for example Apple, Google, RevenueCat and our email provider) process data in other countries.
• Encrypted. Your email address, date of birth and messages are encrypted when stored. Your security answer and sign-in codes are stored only as one-way hashes.
• Not sold. We do not sell your personal information.
• Your choice. Location, push notifications and app tracking are requested separately, and we record each choice.
• Pseudonymous IDs with partners. We identify you to RevenueCat and AdMob by a random account ID, not your name or email.

19.3 Not end-to-end encrypted. Because Hibixa holds the keys, we are technically able to decrypt your data and messages. Access is restricted, logged, and done only for the purposes in Section 19.4 and the Privacy Policy.

19.4 Disclosure to authorities. We do not give your messages or personal information to police or other authorities without a valid legal order (such as a warrant, production order or subpoena) that applies in Canada, except where we believe in good faith that disclosure is needed in an emergency that threatens someone's life, health or safety, or where the law otherwise permits or requires it. Foreign requests normally need a Canadian order or a treaty request. We log every request we receive, including those we refuse.

19.5 Legal holds. If we receive a legal request or are investigating a serious safety matter, we may preserve the relevant account, chats and reports and pause their deletion until the matter ends (Section 20.5).

19.6 Questions. Send questions or requests about your personal information to our Privacy Officer at support@hibixa.com.

#20. Deleting your account

In short: delete your account in the app any time. You disappear immediately, can change your mind for 30 days, your personal details are erased at 30 days, and the rest is gone by 180 days.

20.1 In-app deletion. You can delete your account at any time from Settings → Delete account. To protect you if someone else has your phone, we ask for your security question and answer first. After 3 wrong attempts, deletion pauses for an hour. If you cannot pass this step, email support@hibixa.com from the email address linked to your account and we will delete it for you.

20.2 Timeline.

20.3 Other deletion periods. Verification selfies are deleted 90 days after you submit them, or at the next daily clean-up after you delete your account. We keep only the result showing you were verified. Records of sign-in codes are deleted after 30 days. Chats that were unmatched or blocked stay hidden from both people until one of you deletes your account, and then follow the timeline above.

20.4 What we keep until day 180. After day 30 we keep a limited set of records (your consent records, messages, matches, likes, reports, blocks and purchase records) for up to 180 days after you deleted your account, in case they are needed for safety investigations, disputes or legal requests. Ban records (Section 11.2) are kept while the ban is in force. When you block someone, the scrambled fingerprint described in Section 10.2 is deleted when your account is deleted.

20.5 Legal holds. If we must preserve records because of a legal request or a safety investigation involving you, or someone you have chatted with or reported, we pause deletion of the affected account and of the shared chats and reports until the hold ends.

20.6 Coming back. After day 30 you can sign up again with the same email address, unless you were banned. It will be a new account: your old profile, matches, chats, subscription, Virtual Items, pre-launch position and gifts are not restored, and blocks other members placed on you still apply.

20.7 Subscriptions. Deleting your account does not cancel an App Store subscription. Cancel it first in your App Store settings (Section 13.5).

20.8 Our right to end the Service. We may stop offering the Service, or any part of it, with reasonable advance notice where practicable.

#21. Intellectual property

In short: the app, the Hibixa name and our content belong to us. You get a personal licence to use the app.

21.1 Our rights. The Service, including the app software, design, text, graphics, pose illustrations, and the name Hibixa, the Hibixa logo and related marks, is owned by or licensed to Santanila Inc. and protected by copyright, trademark and other laws. Nothing in these Terms transfers those rights to you.

21.2 Your licence. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the app on devices you own or control, for your personal, non-commercial use.

21.3 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

21.4 Copyright complaints. If you believe content on the Service infringes your copyright, email support@hibixa.com identifying the work, the content, where it appears and your contact details. We handle notices under Canada's notice-and-notice regime and, for the United States, the Digital Millennium Copyright Act, and may terminate repeat infringers.

#22. App stores and third-party services

In short: Apple and Google are not responsible for Hibixa. On iPhone, Apple's standard licence also applies.

22.1 Third-party services. The Service relies on third-party providers, including Apple and Google (app stores and payments), RevenueCat (purchase management), Google AdMob (ads), cloud hosting and storage providers, and our email provider. Their own terms may apply to your use of their services. We are not responsible for services we do not control.

22.2 Apple. If you downloaded the app from the Apple App Store, Apple's Licensed Application End User License Agreement (the standard EULA) governs your licence to use the app, and these Terms govern the Service. In addition: these Terms are between you and Hibixa only, not Apple; Hibixa, not Apple, is solely responsible for the app, its content, its maintenance and support, and any claims relating to it (including product liability, legal or regulatory compliance, consumer protection and intellectual property claims); if the app fails to conform to an applicable warranty you may notify Apple, which will refund the purchase price of the app (if any), and Apple has no other warranty obligation; you confirm you are not in a country subject to a U.S. Government embargo or designated as supporting terrorism and are not on any U.S. Government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

22.3 Google Play. If you downloaded the app from Google Play, the Google Play Terms of Service also apply to your download and purchases.

#23. Disclaimers

In short: we provide the Service as it is, and cannot promise you will find a match or that it will always work.

23.1 To the maximum extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

23.2 We do not promise that the Service will be uninterrupted, secure or error-free, that any content is accurate, that the message filter will catch every harmful message, or that you will meet or match with anyone. We are not responsible for any member's conduct, statements or content, online or offline.

23.3 Some places do not allow certain warranties to be excluded. There, these exclusions apply only as far as the law permits, and you keep any guarantee that cannot legally be excluded.

#24. Limitation of liability

In short: if something goes wrong, our liability is limited to what you paid us in the last 12 months, or CAD $100 if that is more.

24.1 To the maximum extent the law allows, Hibixa and its directors, officers, shareholders, employees, contractors and agents are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data, goodwill or opportunity, arising from or relating to the Service, these Terms or any interaction with another member, even if told such damages were possible.

24.2 To the maximum extent the law allows, our total liability for all claims arising from or relating to the Service or these Terms is limited to the greater of (a) the amount you paid for paid plans and Virtual Items in the 12 months before the event giving rise to the claim, and (b) CAD $100.

24.3 These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by our negligence, or for fraud or wilful misconduct. If you are a consumer, they apply only as far as the consumer protection laws that apply to you permit.

#25. Indemnity

In short: if your misuse gets us sued, you cover the cost.

25.1 To the extent the law allows, you agree to defend, indemnify and hold harmless Hibixa and its directors, officers, shareholders, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms or the Community Guidelines, your Member Content, your conduct toward other members or anyone else, or your violation of any law or third-party right.

25.2 We may take control of the defence of any matter covered by this Section, and you will cooperate with us.

#26. Governing law and disputes

In short: Ontario law applies, disputes go to Ontario courts, and you keep any consumer rights your home province or country gives you.

26.1 Talk to us first. Before starting a legal claim, please email support@hibixa.com describing the problem. We will try in good faith to resolve it within 30 days.

26.2 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules.

26.3 Courts. Subject to Section 26.4, you and Hibixa agree to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto. Either party may bring an eligible claim in small claims court.

26.4 Your consumer rights. If you are a consumer, nothing in these Terms removes any right you have under the mandatory consumer protection laws where you live, including any right to sue in your local courts or to join a class action where that right cannot be waived. These Terms do not require arbitration.

26.5 Time limit. To the extent the law allows, any claim must be started within one year after it arises.

#27. Changes to the Service and these Terms

In short: we will tell you at least 30 days before material changes take effect. If you keep using Hibixa after that, you accept the new Terms.

27.1 The Service. We may add, change, suspend or remove features at any time, including features switched on during launch.

27.2 These Terms. We may update these Terms. For material changes, we will notify you in the app or by email at least 30 days before they take effect and publish the new version at hibixa.com/terms. If you keep using the Service after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account before the change takes effect. Each version has its own identifier, and we keep a record of the version you accepted when you signed up.

27.3 Changes required by law, or made for security or safety reasons, may take effect immediately. Changes to plan features and prices follow Sections 13.1 and 13.9.

#28. General terms

28.1 Entire agreement. These Terms, together with the documents in Section 1.4, are the entire agreement between you and Hibixa about the Service.

28.2 Severability. If any provision is unenforceable, it is limited to the minimum extent necessary and the rest stays in effect.

28.3 No waiver. Not enforcing a provision is not a waiver of our right to enforce it later.

28.4 Assignment. You may not assign or transfer these Terms. We may assign them as part of a merger, acquisition, reorganisation or sale of assets, or to an affiliate, with notice to you.

28.5 Survival. Sections that by their nature should survive termination survive, including Sections 5.6 (while content remains), 11, 14.5–14.7, 19.4–19.5, 20.4–20.5, 21 and 23–28.

28.6 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of app stores, cloud or email providers, internet or power failures, natural disasters or government action.

28.7 Language. These Terms are written in English. Where the law requires a French version (for example, for users in Quebec), we will provide one and both versions are equally authoritative. Les parties ont exigé que cette convention soit rédigée en anglais, sauf si la loi exige une version française.

28.8 No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and Hibixa.

#29. Contact

Notices to you are sent to the email address linked to your account or shown in the app.

#30. Child safety standards (CSAE)

In short: Hibixa has zero tolerance for child sexual abuse and exploitation. You can report concerns in the app. We follow the law and work with authorities. This section is our published child safety standards (also at hibixa.com/terms/csae).

30.1 Zero tolerance. Hibixa has zero tolerance for child sexual abuse and exploitation (CSAE) and for child sexual abuse material (CSAM). Creating, requesting, sharing or storing CSAM, grooming or sexualising anyone under 18, or using the Service to exploit minors is prohibited under Section 8 and will result in immediate removal of content and permanent ban of the account, without prior notice.

30.2 Adults only. The Service is for adults 18 and older only (Section 2). We do not knowingly collect personal information from minors. Suspected minors are removed under Sections 2 and 20.

30.3 Reporting in the app. Hibixa allows users to report child safety concerns in-app. You can report a member or a message when you block them (Section 10), including reasons related to minors and CSAE. You can also email support@hibixa.com. We aim to review reports within 24 hours.

30.4 What we do when we find or receive a report. We may remove content, suspend or permanently ban accounts, preserve records where the law allows, and report CSAM and CSAE to regional and national authorities, including law enforcement and organisations such as the Canadian Centre for Child Protection, where required or appropriate. We cooperate with valid legal orders.

30.5 Legal compliance. Hibixa complies with applicable child safety laws in the countries where we operate, including Canadian requirements relating to CSAM. Where the law requires us to report CSAE or CSAM to authorities, we do so.

30.6 Child safety contact. For questions about our child safety standards, CSAM prevention practices and compliance (including from app stores and regulators), contact our designated child safety point of contact at support@hibixa.com.