Terms of service

Draft. A Maltese lawyer should review this document before it is published or shown to users.

These terms are a contract between you and [Company name] (company registration number [C 00000]), of [address], Malta ("we", "us", "Imxi"). They apply whenever you use the Imxi app, the Imxi website, and anything we offer through them (together, the "service").

Please read them. They cover who can use Imxi, what you can and cannot do, what happens when you meet people in person, and what we do when things go wrong. We have tried to write them in plain language. If anything is unclear, email [support@imxi.mt].

By creating an account, or by ticking the box at sign up, you agree to these terms, our Privacy policy and our Community guidelines. If you do not agree, please do not use Imxi.

1. Who we are and how to reach us

• Legal name: [Company name]
• Registered address: [address], Malta
• Company number: [C 00000]
• VAT number: [MT 00000000]
• General support: [support@imxi.mt]
• Safety and reports: [safety@imxi.mt]
• Legal notices and law enforcement: [legal@imxi.mt]
• Privacy: [privacy@imxi.mt]

We answer in English and Maltese. You can also write to us by post at the address above. These addresses are our single point of contact for users and for authorities under Articles 11 and 12 of the EU Digital Services Act.

2. Who can use Imxi

• You must be at least 18 years old. Imxi is for adults only. There is no version for younger people.
• You must give us a real, working mobile phone number and verify it. Each phone number can have one account, and each person can have one account.
• You must give true information about yourself, including your name, date of birth, town and photo. Your profile photo must be of you.
• You must not use Imxi if we have previously banned you, even with a different phone number or a different name.
• You must not use Imxi for any business, commercial, political or religious recruitment purpose, unless you are running a venue or workplace on Imxi under the organiser terms (section 12), or you are a sponsor with a written agreement with us (see section 13).

We ask for your date of birth, and where your phone offers it we also check an age signal from Apple or Google. We do not ask for identity documents. If we believe an account belongs to someone under 18 we will delete it. If you are under 18 and have an account, please delete it or email [safety@imxi.mt] and we will do it for you without fuss.

3. Your account

• You are responsible for everything that happens on your account. Keep your phone and sign in codes to yourself.
• Tell us straight away at [support@imxi.mt] if you think someone else has used your account.
• We may ask you to verify your phone number or email again at any time.
• If you change your phone number, update it in the app. A phone number that has been banned cannot be used to create a new account.

4. What Imxi is, and what it is not

Imxi is a place to post plans (a dated outing, or an open "I'm up for this on these evenings") and to find people to do them with. You can chat in the app, join plans, rate each other afterwards and find friends who are already on Imxi through your phone contacts.

Imxi is not:

• a dating, escort, companionship or adult entertainment service;
• a marketplace between people. No money moves between users through Imxi and we do not process payments between users. If people split a bill they do it themselves, outside the app. The only money that moves through Imxi is a ticket to a venue's event, sold by the venue with us as its agent (section 11);
• an event organiser. Plans are created and run by users, not by us. Venue events are created and run by the venue. We are not a party to any plan, to any event, or to anything users agree between themselves;
• a background checking service. We verify a phone number and, where available, an age signal. We do not verify identity, criminal record, health or anything else about a user.

5. Meeting people in person

Imxi is designed to get you out with people you have not met before. That is the point, and it is also the risk. Please read this section carefully.

• We do not vet, screen or interview users. A verified phone number and a profile photo are not proof that someone is who they say they are, or that they are safe to meet.
• You decide whether to meet anyone, where, and when. Meet in public places, tell someone you trust where you are going, and use the share and safety features in the app.
• We are not responsible for what happens between users, in the app or offline. This includes injury, loss, damage, theft, harassment, or a plan not happening as described. Section 15 explains the limits of our responsibility.
• We will help. If you feel unsafe, the "I feel unsafe" button in the app sends us your situation and lets you call 112 or share it with a trusted contact. See our Safety centre.
• We cooperate with the Malta Police and other authorities. If you report a crime to the police, we will provide them with the information they lawfully request. If we see a credible threat to someone's life or safety, we will report it ourselves.

6. Acceptable use

Imxi is for friendship and plans. Use it kindly, honestly and within the law. The list below is not exhaustive, but it is what we enforce most strictly.

You must not use Imxi to post, send, offer, request or arrange any of the following:

1. Sexual services or sexual content of any kind, including "hook ups", nudes, sexting, or any request for sex.
2. Paid companionship, escorting, "sugar" arrangements, or any offer where a person's company is exchanged for money, gifts or favours.
3. Plans at adult entertainment venues, such as strip clubs, gentlemen's clubs or massage parlours offering sexual services. Bars, pubs and nightclubs are fine.
4. Drugs, controlled substances, or anything that suggests buying, selling, sharing or using them.
5. Weapons, including firearms, knives sold as weapons, ammunition, or anything designed to hurt someone.
6. Gambling promotion, including betting tips, casino trips organised for profit, bookmaking or affiliate links. A friendly night out that happens to visit a casino is not the problem; promoting gambling is.
7. Commercial solicitation. No selling, recruiting, advertising, multi level marketing, fundraising or promoting a business, unless you are an approved sponsor or a venue or workplace acting under section 12.
8. Harassment, threats, stalking, intimidation, or repeatedly contacting someone who has asked you to stop.
9. Hate. Anything that attacks or demeans people because of race, ethnicity, nationality, religion, sex, sexual orientation, gender identity, disability, age or similar.
10. Impersonation. Pretending to be another person, using someone else's photos, or claiming an affiliation you do not have.
11. Anything involving people under 18, including allowing a minor to use your account or bringing a minor to a plan without being their parent or guardian.
12. Scams, fraud, asking users for money, selling or offering tickets outside the app, fake events, or collecting other people's personal data.
13. Anything that breaks Maltese or EU law, or that helps someone else break it.
14. Interfering with the service: scraping, automated accounts, bypassing our filters, or trying to access other users' data.

The app filters some prohibited wording automatically. Getting past the filter does not make something allowed.

7. Content you post

"Content" means anything you put on Imxi: your profile, photos, plans, messages, images, locations, ratings, comments and reports.

• You own your content. We do not claim ownership of it.
• You give us a licence to use it so that Imxi can work. This is a worldwide, non exclusive, royalty free licence to store, copy, resize, display, transmit and share your content within the service, to the people you have shared it with, and where you use a share link, to people outside the service who open the link. The licence lasts while the content is on Imxi. When you delete content or your account, the licence ends, except for copies kept as evidence under our Content policy and Privacy policy, and copies that other users have already received in chat.
• You promise that you have the right to post your content and that it does not break section 6 or anyone else's rights.
• We may remove or hide content that breaks these terms or the law, or that we reasonably believe puts someone at risk. Section 10 explains how.
• Chat on Imxi is not end to end encrypted. Messages are stored on our servers. This is deliberate: it means that if you report someone, we can see the messages and act on them. It also means our moderation team can read messages in a conversation that has been reported, or where we have a legal duty to look. We do not read chats for any other reason.

8. Ratings

After a dated plan ends, people who were accepted members of that plan can rate each other. Ratings are anonymous: the person you rate sees their overall score and tags, not who gave them. Ratings can only be given between people who were on the same completed plan, and only once per plan.

• Rate honestly. Ratings that are abusive, retaliatory, discriminatory or that reveal private information will be removed and may lead to action against your account.
• We may use ratings to rank plans, to warn users, and to decide whether to suspend an account, together with reports and other signals.
• We may remove a rating we consider unfair, and we may adjust or reset a score if we find it has been manipulated.

9. Reporting and blocking

You can report any user, plan, message or conversation from inside the app, and you can block any user at any time. Blocking hides that person's messages from you in groups, stops direct messages both ways, and hides each of you from the other's feed.

When you report something, please tell us why and, where you can, which message or plan you mean. This is our notice and action mechanism under Article 16 of the Digital Services Act. We will:

• confirm that we have received your report;
• review it promptly and without automated only decisions on the substance;
• tell you what we decided, and, if it affects the person you reported, give them a reason and a way to appeal;
• treat your identity as confidential. The person reported does not learn who reported them.

Reports made in bad faith, repeatedly and knowingly, are themselves a breach of these terms.

Anyone, including people who do not use Imxi, can also report illegal content by emailing [safety@imxi.mt].

10. Moderation and enforcement

This is how we moderate, in the interests of transparency under Article 14 of the Digital Services Act.

Tools. We use an automated wording filter that blocks certain prohibited phrases at the moment you post or send them. Everything else is reviewed by people. We do not use automated systems to make final decisions about your account.

Signals. Reports from users, the wording filter, ratings, and our own observation of the service.

Automatic suspension. If a user, plan or message receives three reports from different people within seven days, it is suspended automatically pending human review. The review happens within [2] working days. If the reports are unfounded the suspension is lifted and nothing goes on your record.

Actions we may take. Remove or hide content; add a warning to your account; restrict features such as posting plans or starting chats; suspend your account for a set period; ban your account and phone number permanently; and, where the law requires or allows it, report to the police.

Immediate bans. We ban immediately, without a prior warning, for harassment or threats, sexual solicitation or offering sexual services, anything involving minors, weapons, drugs, and for evading a previous ban. We may report these to the Malta Police. Where we believe there is a threat to someone's life or safety we will inform the police promptly, as Article 18 of the Digital Services Act requires.

Telling you why. If we remove your content, restrict, suspend or ban your account, we will tell you what we did, which rule you broke, and how to appeal, unless doing so would put someone at risk or the law prevents it.

Appeals. You can appeal once, by emailing [appeals@imxi.mt] within 14 days of our decision. A different person from the one who made the original decision will look at it and reply within [14] days. Our Content policy describes the process in full.

Banned phone numbers. When we ban an account we keep a one way hash of the phone number so that it cannot be used to register again. We keep this for as long as the ban lasts, which for a permanent ban is indefinitely.

11. Tickets

Imxi is free for people. Messaging, joining plans, posting plans, finding people and free events are never behind a paywall. There is no subscription for people and nothing to buy to be seen.

Venues on Imxi can put on public events and sell tickets to them inside the app. This section applies when you buy one.

Who you are buying from. Every ticket is sold by the organiser, which is the venue named on the event, and we sell it as the organiser's agent. The contract for the event is between you and the organiser. The organiser is responsible for the event: that it happens as described, that the venue is licensed and safe, that capacity and age limits are respected, and for anything that happens at it. We are responsible for the app, the ticket and the payment flow, not for the event.

Prices. The price shown on the event is the price you pay per ticket, including VAT where the organiser charges it. Where the organiser passes our platform fee to buyers, the fee is shown as a separate line before you pay. Our platform fee is 3 percent of the ticket price plus €0.30 per paid ticket. Free tickets have no fee. Nothing is added after the total you see on the checkout page.

Paying. Payment is by card, Apple Pay or Google Pay through Viva.com. The payment is processed by Viva Payment Services S.A. ("Viva"), an e-money institution licensed in the EU [exact legal entity, registration number and registered address to be confirmed by the lawyer], which processes the payment on the organiser's behalf. Imxi is a Viva partner (an independent software vendor on Viva's platform): your payment is taken on the organiser's own Viva account and Viva pays the organiser, with our platform fee kept back for us. Where an organiser has chosen to be paid through Imxi instead, Viva takes the payment on our account and we pass the ticket money to the organiser. Viva, not Imxi, holds your card details. Viva's terms and privacy policy apply to the payment alongside these terms. Your receipt is emailed to you and is kept under Profile, Tickets.

Your tickets. Each ticket admits one person and carries a QR code. Tickets are personal to the account that holds them. You may transfer a ticket to another Imxi user from inside the app, at no charge, so that a friend holds their own QR code. That is the only way to pass a ticket on. Tickets must not be resold, listed elsewhere, or transferred for money. A resold ticket may be cancelled without refund and both accounts may be restricted.

At the door. The organiser scans the QR code in the app. A code admits one person once; once scanned it is used. Have the app ready, with the ticket screen open, and bring proof of age where the event says so. The organiser can refuse entry to anyone who is intoxicated, dangerous, under the age limit, or who breaks the venue's rules, and no refund is due in that case.

Refunds. Tickets are for a real world event on a set date, so the 14 day right of withdrawal for distance contracts does not apply to them (Article 16(l) of the Consumer Rights Directive, as implemented in Malta). Refunds work like this:

• If the organiser cancels the event, every order is refunded in full, including our platform fee, to the payment method you used. Viva reverses our fee as part of the refund. Nothing to claim; it happens when the organiser cancels.
• If the organiser moves the event to another date or materially changes it, the organiser tells you in the app and offers a full refund.
• Any other refund is at the organiser's discretion, under the refund policy shown on the event. Ask the organiser through the event page. Organisers refund an order from the app and the money goes back the way it came.
• Refunds go to the original payment method and take 5 to 10 working days to appear, depending on your bank.

Where the money was paid to the organiser's Viva account we cannot refund you ourselves. Where the organiser is paid through Imxi, we refund you when these terms or the event's refund policy say you are owed one. If an organiser refuses a refund that these terms or the event's refund policy say you are owed, email [support@imxi.mt] and we will take it up with them.

Chargebacks. If you dispute a payment with your bank instead of asking for a refund, the organiser and Viva handle the dispute and we provide the ticket and scan records as evidence. A chargeback on a ticket that was used, or on an order that was already refunded, is treated as fraud: the ticket is cancelled, the account may be banned, and the organiser may recover the amount from you.

Problems at an event. Tell the organiser first. If something at an event breaks section 6 or the law, report the event in the app or email [safety@imxi.mt].

12. Organiser terms

This section applies to you if you set up a venue or a workplace on Imxi. It is in addition to everything else in these terms. Where these terms say "organiser", they mean the organisation and the person who acts for it.

Who can be an organiser. A venue is a business that trades from a real place in Malta or Gozo. A workplace is a company or team that wants to run private events for its own people. The person who creates the organisation must be entitled to act for it. We may ask for proof, and we may verify a venue by phone or in person before it can sell tickets.

Getting paid. Paid tickets are processed by Viva Payment Services S.A. ("Viva"), an e-money institution licensed in the EU [exact legal entity, registration number and registered address to be confirmed by the lawyer]. Imxi is a Viva partner (an independent software vendor on Viva's platform) and you choose one of two ways to be paid from the "Get paid" card in the app:

• Your own Viva account. You open a Viva.com business account and enter your Viva Merchant ID in the app. Viva checks your identity and your business (know your customer and anti money laundering checks) and may ask for documents, a bank account and the details of the people who own or control the business. Viva's merchant terms apply to you. Every ticket payment is taken on your Viva account with our platform fee marked as the partner share, so Viva pays the ticket money to you directly, less our fee, on the settlement schedule Viva shows you. We never hold your money in this mode.
• Payouts through Imxi. If you do not have a Viva account, Viva takes the payment on Imxi's account and we settle the ticket money to your bank account by transfer, less our fee, [within 7 days of the event / monthly, to be confirmed]. We record every settlement and show it to you in the app. In this mode we hold your money until settlement and we may ask you for the same identity and business documents Viva would.

If Viva restricts your account or ours, ticket sales pause until it is resolved.

Our fee. 3 percent of the ticket price plus €0.30 per paid ticket. You choose in the event editor whether to absorb it or pass it to the buyer; if passed on, it is shown to the buyer before payment. Free tickets cost nothing. Venue Pro, Team and sponsored placement are separate subscriptions bought through the app store, and paid ticketing needs Venue Pro.

Your obligations. You are the organiser of your events and the seller of every ticket. You promise that:

• you hold every licence, permit and insurance the event and the venue need under Maltese law, including for alcohol, music and public entertainment;
• you keep to the lawful capacity of the venue and to the ticket capacity you set;
• the event is safe, staffed appropriately, and complies with health, fire and safety rules;
• you enforce any age limit you set, and in any case do not admit anyone under 18 to an event that is 18 and over;
• the event description, price, date and place are accurate, and the event follows section 6 and our Community guidelines. No adult entertainment, no gambling promotion, nothing that would be banned as a plan;
• you honour the refund rules in section 11 and the refund policy you publish on the event;
• you charge and account for VAT and any other tax on your ticket sales. We report to the tax authorities what the law requires of a platform;
• you scan tickets only for admission and use attendee data only to run the event. Attendee names, ticket and scan records are provided to you for that purpose and you must not use them for marketing without the person's consent.

Cancelling and changing events. You can cancel an event from the app. Cancelling refunds every order in full, including our fee (Viva reverses our fee along with the refund), and tells every ticket holder. Tell people as early as you can. You can refund individual orders at any time.

When we step in. We may unpublish, cancel and refund an event, or remove an organisation, if the event or the organisation breaks these terms, our Content policy or the law, if we receive credible safety reports, or if Viva tells us to. Where we cancel an event for a breach, we refund every order in full, we may invoice you for our fee on the refunded orders, and you bear the cost of the refunds. We tell you why and you can appeal under section 10.

Chargebacks and fraud. Chargebacks on your ticket sales are charged to your Viva account under Viva's terms, or deducted from your next payout where you are paid through Imxi. We provide scan and ticket evidence for disputes. You are responsible for losses from tickets you admit without scanning.

Workplaces. Workplace events are private to your members. They never appear publicly and never sell tickets. You are responsible for who you invite, for the accuracy of your member list, and for handling your members' RSVP and dietary information lawfully, as their employer. Members can leave your workplace at any time.

Liability between us. You are responsible for claims that arise from your events, and you agree to compensate us for reasonable costs and losses from a claim about an event you organised, except where it was caused by our fault. Our liability to an organiser is limited as in section 15, with the cap set at the platform fees you paid us in the 12 months before the claim.

13. Sponsored listings and how the feed is ordered

Some activity cards on Imxi are paid for by businesses (for example a venue or a tour company). They are always labelled "Sponsored". Sponsors do not see your data; we only tell them how many times their card was shown and tapped. Sponsors are bound by written agreements with us and by section 6.

To be clear about how the feed is ordered: sponsored activity cards appear at fixed positions in the feed, public venue events appear in the "On this week" rail ordered by date, and everything else is ordered by soonest start time and then by how recently it was posted. Nobody can pay to move a plan or a person up the feed. Plans from people you have blocked, or who have blocked you, are hidden.

14. Deleting your account

You can delete your account at any time from Settings in the app, or by emailing [support@imxi.mt]. When you do:

• your profile disappears from the service immediately;
• unused tickets on your account are cancelled without refund, so transfer them or use them first;
• you have 14 days to change your mind by signing in again. After that, deletion is permanent;
• your messages are removed from other people's chats where we can do so, but people who already received them may keep copies on their devices, and system messages in group chats may show that a member left;
• we keep some data for a limited time where the law or our legitimate interests require it, for example reports you were involved in, safety alerts, and the hash of a banned phone number. Our Privacy policy sets out exactly what and for how long.

15. Our responsibility to you

We will provide Imxi with reasonable care and skill. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under Maltese law. Your statutory rights as a consumer are not affected.

Subject to that:

• Imxi is provided "as is". We do not promise it will be uninterrupted, error free, or that any plan, user or content will be as described.
• We are not responsible for the conduct of any user, in the app or in person, or for any loss or harm arising from meeting someone you found through Imxi. We do not control users and we cannot guarantee anyone's identity or intentions.
• We are not responsible for content posted by users, other than our duty to act on reports as described in sections 9 and 10.
• We are not responsible for services provided by others, including Apple, Google, Viva, mobile networks, map providers and venues.
• We are not responsible for an event you bought a ticket to. The organiser is. Our duty is limited to issuing the ticket, running the payment flow and processing refunds as section 11 describes.
• We are not liable for indirect losses, lost profits, lost data, or losses you could have avoided by taking reasonable care.
• Where we are liable to you and the law lets us limit it, our total liability to you for all claims in any 12 month period is limited to the greater of €100 and the platform fees you paid us on ticket orders in that period.

16. Your responsibility to us

If you break these terms, or the law, and someone brings a claim against us because of it, you agree to compensate us for the reasonable costs and losses that result. This does not apply where the claim was caused by our own fault.

17. Ending or suspending access

You can stop using Imxi at any time by deleting your account. We may suspend or end your access as described in section 10, or if we stop offering the service, in which case we will give you reasonable notice and tell you how to export what you can.

18. Governing law and disputes

These terms are governed by the laws of Malta. Any dispute will be dealt with by the courts of Malta. If you are a consumer living in another EU country, you also keep the protection of the mandatory consumer laws of that country, and you may be able to bring a claim in your local courts.

Before going to court, please talk to us at [legal@imxi.mt]. Most problems can be sorted out quickly. Consumers in Malta may also use the Consumer Claims Tribunal of the Malta Competition and Consumer Affairs Authority for claims within its limits.

19. Changes to these terms

We may update these terms when the service, the law or our practices change. For anything significant we will give you at least [30] days' notice in the app and by email or push notification before the change takes effect, and we will tell you what changed. If you keep using Imxi after that date, the new terms apply. If you do not agree, delete your account before that date. Minor corrections and clarifications may take effect straight away.

20. Other things

• Apple and Google. These terms are between you and us, not with Apple or Google. Apple's standard Licensed Application End User Licence Agreement also applies to the iOS app, and where it conflicts with these terms on matters Apple requires, Apple's terms win. Subscriptions for organisations (Venue Pro, Team, sponsored placement) are bought through the App Store or Google Play, renew automatically unless cancelled in your store settings, and are refunded by the store under its policies. Tickets are not bought through the stores. Apple and Google are third party beneficiaries of these terms and may enforce them against you. Apple and Google have no obligation to maintain or support the app.
• Intellectual property. The Imxi name, logo, app, design and activity catalogue are ours or our licensors'. You may use the app for its intended purpose and nothing else.
• Whole agreement. These terms, the Privacy policy and the Community guidelines are the whole agreement between us about Imxi. Viva's terms apply between you and Viva for payments.
• If part of these terms is unenforceable, the rest still applies.
• Transfer. We may transfer our rights and duties under these terms to another company, for example if we are bought, provided your rights are not reduced. You may not transfer yours.
• Language. These terms are written in English. If we publish a Maltese translation and there is a difference, the English version applies.

21. Contact

Questions about these terms: [legal@imxi.mt] Report something: use the report button in the app, or email [safety@imxi.mt] Everything else: [support@imxi.mt]

[Company name], [address], Malta