Terms of Service & Arbitration Agreement

Last Updated: 2025-10-29 (Note: Content dynamically combines multiple policies.)

Terms of Service Agreement\n\nSECTION 1. DEFINITIONS AND INTERPRETATION\n\n1.1. The Company shall refer to the owning and operating entity of the DesirePlex platform, including its successors, assigns, subsidiaries, affiliates, officers, directors, employees, agents, and representatives.\n\n1.2. The Platform shall mean the website, mobile applications, and any other digital or electronic service operated under the Brand Name, DesirePlex.\n\n1.3. Brand Name shall mean DesirePlex, which operates as a premium, artistic media and entertainment service provider.\n\n1.4. Content shall mean all visual (photography, video, graphics, artwork), textual (stories, confessions, articles), and auditory (audio files, soundscapes) material made available or presented on the Platform, whether owned by the Company or submitted by Users.\n\n1.5. User or You shall mean any individual accessing, browsing, registering an account, subscribing to, or otherwise utilizing the Platform, and who is, by mandatory declaration, eighteen (18) years of age or older.\n\n1.6. Semi-Adult Content shall refer to artistic, aesthetic, glamour, lingerie, and romantic themes that are non-explicit, non-pornographic, and non-sexually explicit in nature, consistent with global legal standards for artistic and media presentation.\n\n1.7. Cryptomus shall mean the third-party cryptocurrency payment gateway utilized by the Platform to process financial transactions.\n\n1.8. Agreement shall mean this Terms of Service Agreement, including all policies, disclaimers, and guidelines incorporated herein by reference.\n\nSECTION 2. ACCEPTANCE, ELIGIBILITY, AND ACCESS\n\n2.1. Legally Binding Contract. By accessing or using the Platform, You confirm that You have read, understood, and agreed to be legally bound by all terms, conditions, obligations, and disclaimers set forth in this Agreement.\n\n2.2. Mandatory Age Requirement. The Platform and all Content are strictly restricted to individuals who have reached the age of eighteen (18) years or the age of majority in their jurisdiction, whichever is greater. Access by minors is unequivocally prohibited. By accessing the Platform, You warrant and represent that You meet the minimum age requirement.\n\n2.3. Jurisdictional Compliance. Users are solely responsible for ensuring that their access to and use of the Platform and the Semi-Adult Content is compliant with all local, regional, and national laws, statutes, and regulations applicable to them. The Company makes no representation that the Content is appropriate or available for use in all locations and explicitly disclaims all liability for any User’s failure to comply with local laws.\n\n2.4. Account Creation and Security. To access certain features, a User must register an account, providing accurate and current information. The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The Company reserves the right to suspend or terminate any account based on suspected fraudulent or unauthorized activity.\n\n2.5. Right of Refusal. The Company reserves the unconditional right, at its sole discretion, to refuse service, terminate accounts, or restrict access to the Platform to any person for any or no reason, without prior notice or liability.\n\nSECTION 3. INTELLECTUAL PROPERTY AND CONTENT LICENSING\n\n3.1. Company Ownership. All original Content, including but not limited to the Brand Name, logos, domain names, software, design, artistic photography, audio narratives, and proprietary algorithms, is the exclusive intellectual property of the Company and is protected by international copyright, trademark, patent, and trade secret laws.\n\n3.2. Limited Content License Grant. The Company grants the User a strictly limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content solely for personal, non-commercial entertainment purposes, conditioned upon strict adherence to the terms of this Agreement.\n\n3.3. Restrictions on Content Use. The User shall not, and shall not permit any third party to: (a) Reproduce, modify, distribute, display, perform, publish, or otherwise exploit the Content; (b) Engage in any activity that constitutes unauthorized commercial use or public display of the Content; (c) Reverse engineer, decompile, or disassemble any aspect of the Platform or its Content; (d) Use the Content for any illegal, unauthorized, or pornographic purpose.\n\n3.4. User-Generated Content (UGC) Submission. The Platform may allow Users to submit UGC (such as stories, confessions, or comments). By submitting UGC, the User grants the Company a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Platform and the Company’s business.\n\n3.5. UGC Warranties and Indemnification. The User represents and warrants that their UGC: (a) Is their original work and does not violate any third-party rights, including copyright, trademark, or privacy rights; (b) Does not contain illegal, defamatory, or pornographic material; and (c) Complies with all applicable laws and these Terms. The User shall indemnify the Company against all claims arising from the Company's use of the UGC.\n\n3.6. Content Moderation and Removal. The Company reserves the absolute right, but not the obligation, to monitor, review, screen, edit, refuse, or remove any UGC at any time and for any reason, without notice, especially if it is deemed to violate the Semi-Adult Content guidelines or is considered explicit or pornographic.\n\nSECTION 4. FINANCIAL TERMS AND CRYPTOCURRENCY PAYMENTS\n\n4.1. Subscription and Billing. Access to Premium Content requires a paid subscription, which may be billed on a recurring basis (e.g., monthly or annually). By initiating a subscription, You authorize the Company (via Cryptomus) to charge You the specified fees at the commencement of each billing cycle.\n\n4.2. Cryptocurrency Transactions via Cryptomus. All payments for services, including subscriptions and one-time purchases, are processed exclusively through Cryptomus using supported cryptocurrencies. You acknowledge and agree that:\n\n(a) The transaction is subject to the terms and conditions of Cryptomus and the relevant blockchain network.\n(b) Cryptocurrency values are highly volatile, and the Company is not responsible for any loss, depreciation, or fluctuation in value of the chosen cryptocurrency before, during, or after the transaction.\n(c) The User is solely responsible for ensuring the accuracy of the payment address, network fee payment, and the timely execution of the cryptographic transaction.\n(d) The Company does not store, hold, or manage User private keys or wallets.\n\n4.3. Automatic Renewal. Unless terminated by the User prior to the end of the current billing period, subscriptions will automatically renew. The User is responsible for canceling the subscription to prevent automatic renewal charges.\n\n4.4. Pricing Changes. The Company reserves the right to modify subscription pricing at any time. Any price changes will take effect following notice to the User, typically via email, and will apply to the next subsequent renewal period.\n\n4.5. Refunds and Payment Disputes. All payment and refund matters are subject to the specific Refund & Payment Policy, incorporated herein by reference. Users must adhere strictly to the procedures detailed in that policy for any dispute.\n\nSECTION 5. PROHIBITED CONDUCT AND SANCTIONS\n\n5.1. Pornography and Explicit Content Prohibition. The User is strictly prohibited from accessing, creating, posting, or attempting to distribute any material that is legally defined as pornography, explicit sexual content, or content that violates the Platform’s Semi-Adult Content mandate. Violations will result in immediate, non-refundable termination and reporting to relevant legal authorities.\n\n5.2. General Prohibited Conduct. The User shall not engage in, or attempt to engage in, the following activities:\n\n(a) Harassing, threatening, stalking, defaming, or otherwise violating the legal rights of other Users or Company personnel.\n(b) Distributing viruses, malware, or any other destructive code.\n(c) Attempting to gain unauthorized access to the Platform, accounts, or proprietary data.\n(d) Conducting denial-of-service (DoS) attacks or similar network interference.\n(e) Engaging in data mining, scraping, or automated collection of Content or data without express written permission.\n(f) Impersonating any person or entity, or misrepresenting affiliation with any person or entity.\n(g) Using the Platform for any purpose that is fraudulent or unlawful.\n\n5.3. Affiliate Link Abuse. Users participating in any affiliate program must adhere strictly to the terms provided, including the prohibition of unsolicited commercial email (spam) and fraudulent or deceptive marketing practices.\n\nSECTION 6. DISCLAIMERS AND LIMITATION OF LIABILITY\n\n6.1. WARRANTY DISCLAIMER. THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.\n\n6.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n6.3. AGGREGATE LIABILITY CAP. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO THE USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.\n\n6.4. CRYPTO RISK ASSUMPTION. THE USER ACKNOWLEDGES THAT THE USE OF CRYPTOCURRENCY FOR PAYMENT CARRIES INHERENT RISKS, INCLUDING THE RISK OF LOSS OF VALUE, NETWORK CONGESTION, AND TRANSACTION ERRORS. THE COMPANY DISCLAIMS ALL LIABILITY FOR SUCH RISKS.\n\nSECTION 7. INDEMNIFICATION\n\n7.1. User Indemnification. The User agrees to defend, indemnify, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) The User’s use of and access to the Platform; (b) The User’s violation of any term of this Agreement; (c) The User’s violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (d) Any claim that the User’s UGC caused damage to a third party; or (e) The User’s failure to comply with all applicable laws in their jurisdiction.\n\nSECTION 8. TERMINATION AND GOVERNING LAW\n\n8.1. Termination. The Company may terminate or suspend the User’s account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if the User breaches the Terms of Service. Upon termination, the User’s right to use the Platform will cease immediately.\n\n8.2. Survival. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.\n\n8.3. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of Singapore, without regard to its conflict of law provisions.\n\n8.4. Dispute Resolution - International Arbitration. Any and all disputes, controversies, or claims arising out of or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Rules of the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference into this Section.\n\n(a) The Tribunal shall consist of one (1) arbitrator, to be appointed in accordance with the SIAC Rules.\n(b) The seat of the arbitration shall be Singapore.\n(c) The language of the arbitration shall be English.\n(d) The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.\n\nSECTION 9. MISCELLANEOUS PROVISIONS\n\n9.1. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.\n\n9.2. Assignment. The Company may assign its rights and obligations under this Agreement without restriction. The User may not assign or transfer any rights or obligations hereunder without the express prior written consent of the Company.\n\n9.3. Notices. All legal notices to the Company must be sent by certified mail or reputable international courier to the Company’s designated legal address, or via email to desireplex@gmail.com and support@desireplex.com. Notices to the User may be made via email to the address associated with the User’s account or through a notice posted on the Platform.\n\n9.4. Entire Agreement. This Agreement constitutes the entire agreement between You and the Company regarding the use of the Platform and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and the Company.\n\n9.5. Modifications. The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The date of the latest revision will be indicated at the top of this document. Continued use of the Platform after any such changes constitutes acceptance of the new Terms.\n\nFor assistance, please contact us via email at support@desireplex.com or Telegram at @desireplex.\n\n--- [ Policy Section Break ] ---\n\n## Data Processing and International Arbitration Agreement Addendum\n\nSECTION 1. DATA PROCESSING AND CONTROLLER-PROCESSOR RELATIONSHIP\n\n1.1. Designated Controller and Processor. The operating entity of DesirePlex acts as the Data Controller for all personal data collected from Users. Where third-party service providers (including Cryptomus and analytics partners) process data on the Company’s behalf, they act as Data Processors (or in the case of Cryptomus, a separate Controller for their specific payment function).\n\n1.2. Controller’s Instructions. The Company warrants that it will only engage Data Processors who commit to processing data solely on the documented instructions of the Controller, including compliance with all technical and organizational measures specified by the Company to maintain data security.\n\n1.3. Data Protection Impact Assessment (DPIA). Due to the global nature of the Platform and the processing of Sensitive Personal Information (age verification data) and financial data (crypto transactions), the Company conducts and maintains a DPIA to continually assess and mitigate risks to User privacy and rights.\n\n1.4. Data Protection Officer (DPO) Contact. For all inquiries related to data processing, the User should utilize the Privacy Policy contact details: support@desireplex.com.\n\nSECTION 2. ADVANCED ARBITRATION AND JURISDICTION CLAUSE (SINGAPORE)\n\n2.1. Exclusivity of Arbitration. The User and the Company irrevocably agree that any dispute arising out of or related to the Terms of Service, Privacy Policy, Refund Policy, or any other agreement between the parties shall be resolved exclusively through final and binding arbitration as set forth below.\n\n2.2. Waiver of Court and Jury Trial. By agreeing to this clause, the User and the Company are waiving their respective rights to have any dispute litigated in a court or decided by a jury.\n\n2.3. Arbitration Tribunal, Seat, and Rules.\n\n(a) Seat of Arbitration: Singapore.\n(b) Arbitral Institution: Singapore International Arbitration Centre (SIAC).\n(c) Governing Rules: The SIAC Rules for the time being in force.\n(d) Language: English.\n(e) Number of Arbitrators: One (1).\n\n2.4. Waiver of Class Arbitration. The User and the Company agree that arbitration shall be conducted solely on an individual basis. The User expressly waives any right to bring or participate in any class, collective, or representative proceeding in arbitration. The arbitrator shall have no authority to consider or resolve any claim or issue on any class, collective, or representative basis.\n\n2.5. Confidentiality. The User and the Company agree that the arbitration proceedings, including all related documents, submissions, evidence, and the award, shall be treated as strictly confidential and shall not be disclosed to any third party without the prior written consent of both parties, except as required by law.\n\n2.6. Enforcement of Award. The arbitral award shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including, but not limited to, the courts of Singapore or the United States (where applicable to the enforcement of the 2257 Compliance Statement). The prevailing party in the arbitration shall be entitled to recover its reasonable costs and attorney’s fees incurred in the arbitration or in the enforcement of the award.

Last Updated: 2025-10-29 (Note: Content dynamically combines multiple policies.)

Terms of Service Agreement\n\nSECTION 1. DEFINITIONS AND INTERPRETATION\n\n1.1. The Company shall refer to the owning and operating entity of the DesirePlex platform, including its successors, assigns, subsidiaries, affiliates, officers, directors, employees, agents, and representatives.\n\n1.2. The Platform shall mean the website, mobile applications, and any other digital or electronic service operated under the Brand Name, DesirePlex.\n\n1.3. Brand Name shall mean DesirePlex, which operates as a premium, artistic media and entertainment service provider.\n\n1.4. Content shall mean all visual (photography, video, graphics, artwork), textual (stories, confessions, articles), and auditory (audio files, soundscapes) material made available or presented on the Platform, whether owned by the Company or submitted by Users.\n\n1.5. User or You shall mean any individual accessing, browsing, registering an account, subscribing to, or otherwise utilizing the Platform, and who is, by mandatory declaration, eighteen (18) years of age or older.\n\n1.6. Semi-Adult Content shall refer to artistic, aesthetic, glamour, lingerie, and romantic themes that are non-explicit, non-pornographic, and non-sexually explicit in nature, consistent with global legal standards for artistic and media presentation.\n\n1.7. Cryptomus shall mean the third-party cryptocurrency payment gateway utilized by the Platform to process financial transactions.\n\n1.8. Agreement shall mean this Terms of Service Agreement, including all policies, disclaimers, and guidelines incorporated herein by reference.\n\nSECTION 2. ACCEPTANCE, ELIGIBILITY, AND ACCESS\n\n2.1. Legally Binding Contract. By accessing or using the Platform, You confirm that You have read, understood, and agreed to be legally bound by all terms, conditions, obligations, and disclaimers set forth in this Agreement.\n\n2.2. Mandatory Age Requirement. The Platform and all Content are strictly restricted to individuals who have reached the age of eighteen (18) years or the age of majority in their jurisdiction, whichever is greater. Access by minors is unequivocally prohibited. By accessing the Platform, You warrant and represent that You meet the minimum age requirement.\n\n2.3. Jurisdictional Compliance. Users are solely responsible for ensuring that their access to and use of the Platform and the Semi-Adult Content is compliant with all local, regional, and national laws, statutes, and regulations applicable to them. The Company makes no representation that the Content is appropriate or available for use in all locations and explicitly disclaims all liability for any User’s failure to comply with local laws.\n\n2.4. Account Creation and Security. To access certain features, a User must register an account, providing accurate and current information. The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The Company reserves the right to suspend or terminate any account based on suspected fraudulent or unauthorized activity.\n\n2.5. Right of Refusal. The Company reserves the unconditional right, at its sole discretion, to refuse service, terminate accounts, or restrict access to the Platform to any person for any or no reason, without prior notice or liability.\n\nSECTION 3. INTELLECTUAL PROPERTY AND CONTENT LICENSING\n\n3.1. Company Ownership. All original Content, including but not limited to the Brand Name, logos, domain names, software, design, artistic photography, audio narratives, and proprietary algorithms, is the exclusive intellectual property of the Company and is protected by international copyright, trademark, patent, and trade secret laws.\n\n3.2. Limited Content License Grant. The Company grants the User a strictly limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content solely for personal, non-commercial entertainment purposes, conditioned upon strict adherence to the terms of this Agreement.\n\n3.3. Restrictions on Content Use. The User shall not, and shall not permit any third party to: (a) Reproduce, modify, distribute, display, perform, publish, or otherwise exploit the Content; (b) Engage in any activity that constitutes unauthorized commercial use or public display of the Content; (c) Reverse engineer, decompile, or disassemble any aspect of the Platform or its Content; (d) Use the Content for any illegal, unauthorized, or pornographic purpose.\n\n3.4. User-Generated Content (UGC) Submission. The Platform may allow Users to submit UGC (such as stories, confessions, or comments). By submitting UGC, the User grants the Company a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Platform and the Company’s business.\n\n3.5. UGC Warranties and Indemnification. The User represents and warrants that their UGC: (a) Is their original work and does not violate any third-party rights, including copyright, trademark, or privacy rights; (b) Does not contain illegal, defamatory, or pornographic material; and (c) Complies with all applicable laws and these Terms. The User shall indemnify the Company against all claims arising from the Company's use of the UGC.\n\n3.6. Content Moderation and Removal. The Company reserves the absolute right, but not the obligation, to monitor, review, screen, edit, refuse, or remove any UGC at any time and for any reason, without notice, especially if it is deemed to violate the Semi-Adult Content guidelines or is considered explicit or pornographic.\n\nSECTION 4. FINANCIAL TERMS AND CRYPTOCURRENCY PAYMENTS\n\n4.1. Subscription and Billing. Access to Premium Content requires a paid subscription, which may be billed on a recurring basis (e.g., monthly or annually). By initiating a subscription, You authorize the Company (via Cryptomus) to charge You the specified fees at the commencement of each billing cycle.\n\n4.2. Cryptocurrency Transactions via Cryptomus. All payments for services, including subscriptions and one-time purchases, are processed exclusively through Cryptomus using supported cryptocurrencies. You acknowledge and agree that:\n\n(a) The transaction is subject to the terms and conditions of Cryptomus and the relevant blockchain network.\n(b) Cryptocurrency values are highly volatile, and the Company is not responsible for any loss, depreciation, or fluctuation in value of the chosen cryptocurrency before, during, or after the transaction.\n(c) The User is solely responsible for ensuring the accuracy of the payment address, network fee payment, and the timely execution of the cryptographic transaction.\n(d) The Company does not store, hold, or manage User private keys or wallets.\n\n4.3. Automatic Renewal. Unless terminated by the User prior to the end of the current billing period, subscriptions will automatically renew. The User is responsible for canceling the subscription to prevent automatic renewal charges.\n\n4.4. Pricing Changes. The Company reserves the right to modify subscription pricing at any time. Any price changes will take effect following notice to the User, typically via email, and will apply to the next subsequent renewal period.\n\n4.5. Refunds and Payment Disputes. All payment and refund matters are subject to the specific Refund & Payment Policy, incorporated herein by reference. Users must adhere strictly to the procedures detailed in that policy for any dispute.\n\nSECTION 5. PROHIBITED CONDUCT AND SANCTIONS\n\n5.1. Pornography and Explicit Content Prohibition. The User is strictly prohibited from accessing, creating, posting, or attempting to distribute any material that is legally defined as pornography, explicit sexual content, or content that violates the Platform’s Semi-Adult Content mandate. Violations will result in immediate, non-refundable termination and reporting to relevant legal authorities.\n\n5.2. General Prohibited Conduct. The User shall not engage in, or attempt to engage in, the following activities:\n\n(a) Harassing, threatening, stalking, defaming, or otherwise violating the legal rights of other Users or Company personnel.\n(b) Distributing viruses, malware, or any other destructive code.\n(c) Attempting to gain unauthorized access to the Platform, accounts, or proprietary data.\n(d) Conducting denial-of-service (DoS) attacks or similar network interference.\n(e) Engaging in data mining, scraping, or automated collection of Content or data without express written permission.\n(f) Impersonating any person or entity, or misrepresenting affiliation with any person or entity.\n(g) Using the Platform for any purpose that is fraudulent or unlawful.\n\n5.3. Affiliate Link Abuse. Users participating in any affiliate program must adhere strictly to the terms provided, including the prohibition of unsolicited commercial email (spam) and fraudulent or deceptive marketing practices.\n\nSECTION 6. DISCLAIMERS AND LIMITATION OF LIABILITY\n\n6.1. WARRANTY DISCLAIMER. THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.\n\n6.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n6.3. AGGREGATE LIABILITY CAP. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO THE USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.\n\n6.4. CRYPTO RISK ASSUMPTION. THE USER ACKNOWLEDGES THAT THE USE OF CRYPTOCURRENCY FOR PAYMENT CARRIES INHERENT RISKS, INCLUDING THE RISK OF LOSS OF VALUE, NETWORK CONGESTION, AND TRANSACTION ERRORS. THE COMPANY DISCLAIMS ALL LIABILITY FOR SUCH RISKS.\n\nSECTION 7. INDEMNIFICATION\n\n7.1. User Indemnification. The User agrees to defend, indemnify, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) The User’s use of and access to the Platform; (b) The User’s violation of any term of this Agreement; (c) The User’s violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (d) Any claim that the User’s UGC caused damage to a third party; or (e) The User’s failure to comply with all applicable laws in their jurisdiction.\n\nSECTION 8. TERMINATION AND GOVERNING LAW\n\n8.1. Termination. The Company may terminate or suspend the User’s account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if the User breaches the Terms of Service. Upon termination, the User’s right to use the Platform will cease immediately.\n\n8.2. Survival. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.\n\n8.3. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of Singapore, without regard to its conflict of law provisions.\n\n8.4. Dispute Resolution - International Arbitration. Any and all disputes, controversies, or claims arising out of or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Rules of the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference into this Section.\n\n(a) The Tribunal shall consist of one (1) arbitrator, to be appointed in accordance with the SIAC Rules.\n(b) The seat of the arbitration shall be Singapore.\n(c) The language of the arbitration shall be English.\n(d) The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.\n\nSECTION 9. MISCELLANEOUS PROVISIONS\n\n9.1. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.\n\n9.2. Assignment. The Company may assign its rights and obligations under this Agreement without restriction. The User may not assign or transfer any rights or obligations hereunder without the express prior written consent of the Company.\n\n9.3. Notices. All legal notices to the Company must be sent by certified mail or reputable international courier to the Company’s designated legal address, or via email to desireplex@gmail.com and support@desireplex.com. Notices to the User may be made via email to the address associated with the User’s account or through a notice posted on the Platform.\n\n9.4. Entire Agreement. This Agreement constitutes the entire agreement between You and the Company regarding the use of the Platform and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and the Company.\n\n9.5. Modifications. The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The date of the latest revision will be indicated at the top of this document. Continued use of the Platform after any such changes constitutes acceptance of the new Terms.\n\nFor assistance, please contact us via email at support@desireplex.com or Telegram at @desireplex.\n\n--- [ Policy Section Break ] ---\n\n## Data Processing and International Arbitration Agreement Addendum\n\nSECTION 1. DATA PROCESSING AND CONTROLLER-PROCESSOR RELATIONSHIP\n\n1.1. Designated Controller and Processor. The operating entity of DesirePlex acts as the Data Controller for all personal data collected from Users. Where third-party service providers (including Cryptomus and analytics partners) process data on the Company’s behalf, they act as Data Processors (or in the case of Cryptomus, a separate Controller for their specific payment function).\n\n1.2. Controller’s Instructions. The Company warrants that it will only engage Data Processors who commit to processing data solely on the documented instructions of the Controller, including compliance with all technical and organizational measures specified by the Company to maintain data security.\n\n1.3. Data Protection Impact Assessment (DPIA). Due to the global nature of the Platform and the processing of Sensitive Personal Information (age verification data) and financial data (crypto transactions), the Company conducts and maintains a DPIA to continually assess and mitigate risks to User privacy and rights.\n\n1.4. Data Protection Officer (DPO) Contact. For all inquiries related to data processing, the User should utilize the Privacy Policy contact details: support@desireplex.com.\n\nSECTION 2. ADVANCED ARBITRATION AND JURISDICTION CLAUSE (SINGAPORE)\n\n2.1. Exclusivity of Arbitration. The User and the Company irrevocably agree that any dispute arising out of or related to the Terms of Service, Privacy Policy, Refund Policy, or any other agreement between the parties shall be resolved exclusively through final and binding arbitration as set forth below.\n\n2.2. Waiver of Court and Jury Trial. By agreeing to this clause, the User and the Company are waiving their respective rights to have any dispute litigated in a court or decided by a jury.\n\n2.3. Arbitration Tribunal, Seat, and Rules.\n\n(a) Seat of Arbitration: Singapore.\n(b) Arbitral Institution: Singapore International Arbitration Centre (SIAC).\n(c) Governing Rules: The SIAC Rules for the time being in force.\n(d) Language: English.\n(e) Number of Arbitrators: One (1).\n\n2.4. Waiver of Class Arbitration. The User and the Company agree that arbitration shall be conducted solely on an individual basis. The User expressly waives any right to bring or participate in any class, collective, or representative proceeding in arbitration. The arbitrator shall have no authority to consider or resolve any claim or issue on any class, collective, or representative basis.\n\n2.5. Confidentiality. The User and the Company agree that the arbitration proceedings, including all related documents, submissions, evidence, and the award, shall be treated as strictly confidential and shall not be disclosed to any third party without the prior written consent of both parties, except as required by law.\n\n2.6. Enforcement of Award. The arbitral award shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including, but not limited to, the courts of Singapore or the United States (where applicable to the enforcement of the 2257 Compliance Statement). The prevailing party in the arbitration shall be entitled to recover its reasonable costs and attorney’s fees incurred in the arbitration or in the enforcement of the award.