Terms for YourName

Terms of Use Agreement

1. INTRODUCTION

Welcome to YourName dating app! By using our Services, you are agreeing to be bound by this Terms of Use Agreement (the “Agreement”), which includes our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice. It’s important that you read this Agreement and our policies carefully before creating an account.

Please review the dispute resolution provisions in Section 15 below. These provisions outline how claims will be addressed between you and YourName. They include a mandatory pre-arbitration informal dispute resolution process, an arbitration agreement, small claims court election, class action waiver, additional procedures for mass arbitration filings, and jury trial waiver that affect your rights. Please note that in arbitration, there is typically less discovery and appellate review than in court.

We may update these Terms from time to time, so please check this page regularly for any changes.

Welcome to YourName, operated by YOURNAME GROUP LLC (“YourName”) for users located in the European Union (“EU”), European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, and operated by YourName, yourname.ai for all other users. As used in this Agreement, the terms “YourName,” “us,” “we,” the “Company”, and “our” shall refer to YourName, yourname.ai, and/or YOURNAME GROUP LLC, as appropriate. Together you and YourName may be referred to as the “Parties” or separately as “Party.”

By accessing or using our Services on www.yourname.ai (the “Website”), the YourName mobile application (the “App”), or any other platforms or services YourName may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from YourName (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on YourName, please ensure that you meet the eligibility criteria for using our Services. This section outlines the terms and conditions governing the use of our Services, including what you can and cannot do, as well as the rights you grant to YourName.

Please note that you are not permitted to create an account or use our Services unless all of the following conditions are met. By using our Services, you represent and warrant that:

You are at least 18 years of age;

You have the legal capacity to enter into a binding contract with YOURNAME GROUP LLC;

You are seeking a meaningful relationship;

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

You are not listed as a prohibited individual with whom U.S. persons are prohibited from conducting business;

You are not prohibited by law from using our services;

You have not committed, been convicted of, or pleaded no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;

You are not required to register as a sex offender with any state, federal, or local sex offender registry;

You do not have more than one account on our Services; and

You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

You agree to:

Comply with these Terms, and check this page periodically to ensure you are up to date on any changes;

Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

Use the latest version of the Website and/or App;

Treat other users with courtesy and respect, both on and off our Services, and abide by our Member Principles;

Communicate respectfully with our customer care representatives and other employees;

Review the Safety Tips;

Maintain a strong password and take reasonable measures to protect the security of your login information;

Present yourself respectfully and authentically by adding at least one photo that shows your face.

If at any time you no longer meet these requirements, your authorization to access our Services will be automatically revoked, and you must immediately delete your account. We reserve the right to remove your access to our services without warning in such circumstanceCommunicate respectfully with our customer care representatives and other employees;Review the Safety Tips;Present yourself respectfully and authentically by adding at least one photo that shows your face.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

Use the Services in a way that damages the Services or prevents their use by other users;

Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

Use our Services for any harmful, illegal, or nefarious purpose;

Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

Post or share Prohibited Content (see below);

Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

Use another user’s account;

Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

Violate the terms of the license granted to you by YourName (see Section 6 below).

Disclose private or proprietary information that you do not have the right to disclose;

Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without YourName’s prior written consent;

Express or imply that any statements you make are endorsed by YourName;

Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

Upload viruses or other malicious code or otherwise compromise the security of our Services;

Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

“Frame” or “mirror” any part of our Services without YourName’s prior written authorization;

Use meta tags or code or other devices containing any reference to YourName or the platform (or any trademark, trade name, service mark, logo or slogan of YourName) to direct any person to any other website for any purpose;

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

Use, access, or publish the YourName application programming interface without our written consent;

Probe, scan or test the vulnerability of our Services or any system or network;

Encourage, promote, or agree to engage in any activity that violates these Terms; or

Create a new account after we suspend or terminate your account, unless you receive our express permission.

Please note that any violation of these terms will result in the automatic revocation of your license to access the Services.

Prohibited Content—YourName prohibits uploading or sharing content that:

Contains offensive language or is intended to harass, upset, embarrass, alarm or annoy any person;

Contains obscene, pornographic, violent, or otherwise objectionable material, including nudity;

Is abusive, insulting, threatening, discriminatory, or promotes or encourages hatred, racism, sexism, or bigotry;

Encourages or facilitates illegal activities, including terrorism, racial hatred, or any other criminal offense;

Is defamatory, libelous, or untrue;

Relates to commercial activities, such as sales, competitions, promotions, advertising, solicitation for services, or links to other websites;

Involves the transmission of junk mail or spam;

Contains spyware, adware, viruses, or any other malicious code designed to disrupt or damage any software, hardware, telecommunications, networks, servers, or other equipment;

Infringes upon any third party’s rights, including intellectual property and privacy rights;

Was not written by you or was automatically generated, unless expressly authorized by YourName;

Includes the image or likeness of another person without their consent, or the image or likeness of a minor unaccompanied by their parent or guardian;

Is inconsistent with the intended use of the Services; or

May harm the reputation of YourName or its affiliates.

Uploading or sharing Prohibited Content may result in immediate suspension or termination of your account.

3. CONTENT

To ensure the best experience for all users, it is important to be aware of your rights and responsibilities with respect to the content on our Services. You are expressly prohibited from posting inappropriate content.

As a user of our Services, you will have access to three types of content: (i) Your Content, which includes any content you upload or provide while using our Services; (ii) Member Content, which includes any content that other users upload or provide while using our Services; and (iii) Our Content, which includes any content that Hinge provides on and through our Services. Content, as used in this agreement, encompasses all forms of media available on our Services, including but not limited to text, images, videos, audio, or any other material found on user profiles and in direct messages between users.

3a. YOUR CONTENT

YourName is committed to creating a safe and respectful platform for all users. To ensure this, you must take responsibility for the content you share on our platform. You agree not to share any content that you would not want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for the content you share on our platform. Therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content on your individual profile should be relevant to the intended use of our services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing your content before you post. You acknowledge and agree that your content may be viewed by other users, and other users may share your content with third parties. By uploading your content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use your content as provided under Section 7 below.

You understand and agree that we may monitor or review your content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review your content.

3b. MEMBER CONTENT

As a user of YourName dating app, you will have access to Member Content, but please note that this content is the property of its respective owner and you may not copy or use it for any purpose other than as outlined in these Terms.

Our Services allow users to share content, but any Member Content belongs to the user who posted it and is stored on our servers and displayed at their direction. You do not have any rights to Member Content, and may only use it to the extent that your use is consistent with the purpose of our Services, which is to facilitate communication and connections between users. Using Member Content for commercial purposes, spamming, harassing, or making unlawful threats is strictly prohibited. If you misuse Member Content, we reserve the right to terminate your account.

3c. OUR CONTENT

At YourName, we own all of the other content present on our Services

Including but not limited to text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property. This content is protected by copyright, trademark, and other intellectual property laws. We control or license all of this content, and we retain all rights, title, and interest in and to Our Content.

We grant you a limited license to access and use Our Content in accordance with Section 6 of this Agreement, and we reserve all other rights not explicitly granted to you.

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

At YourName dating app, we are committed to fostering a positive and respectful community and do not tolerate any inappropriate content or misconduct.

Whether on or off our Services (including those operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can do so by tapping the three dots in the top right of any profile and selecting “Report,” or by clicking here to submit a report.

As stated in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms. Such actions may include banning you from our Services and/or preventing you from creating new accounts. Please note that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, please refer to Section 12 (Digital Millennium Copyright Act) below.

5. PRIVACY

At YourName, we take your privacy very seriously.

We have a separate privacy policy that provides details on how we collect, use, and protect your personal information. We encourage you to read our Privacy Policy to better understand our practices.

By using our Services, you agree that we may collect, use, and share your personal data in accordance with our Privacy Policy. We and our affiliates may use this information to personalize your experience on our platform and improve our Services for all users.

6. YOUR RIGHTS AS A USER OF YOURNAME

By using the YourName app, you are granted the right to access and enjoy our Services, subject to these Terms.

Subject to your compliance with these Terms and applicable laws, YourName grants you a personal, non-exclusive, non-assignable, non-sublicensable, worldwide, royalty-free, and revocable license to access and use our Services for their intended purposes as set forth by YourName and allowed by these Terms. If you fail to comply with these Terms, this license and your authorization to use the Services will be automatically revoked.

We reserve the right to update or modify these Terms at any time without prior notice. If you continue to use the Services after any such changes, you are deemed to have accepted the new Terms.

7. YOUR CONTENT AND RIGHTS YOU GRANT YOURNAME

You own all of the content you provide to YourName, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to YourName a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. YourName’s license to Your Content shall be non-exclusive, except that YourName’s license shall be exclusive with respect to derivative works created through use of our Services. For example, YourName would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that YourName can prevent the use of Your Content outside of our Services, you authorize YourName to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. YourName is not obligated to take any action with regard to use of Your Content by other users or third parties. YourName’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for YourName allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to YourName regarding our Services, you agree that YourName may use and share such feedback for any purpose without compensating you.

You agree that YourName may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of YourName or any other person.

8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

If you purchase a subscription, you will have the opportunity to cancel the subscription at any time. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

YourName may offer products and services for purchase through the app or other external services authorized by YourName (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). YourName may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.

YourName operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size, and more. We also regularly test new features and payment options.

8a. External Service Purchases and Subscriptions

We strive to make the purchasing experience for External Services as seamless as possible. If you choose to purchase an External Service through our app, please note that such purchases may be processed through the External Service, in which case they must be managed through your External Service Account. It’s important to keep in mind that subscriptions to External Services are set to automatically renew until you cancel.

External Service Purchases, including subscriptions, can be made through our YourName app using an External Service, such as your Apple ID or Google Play account. If you choose to pay through an External Service Account, your account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Depending on where you live, some External Services may charge you sales tax, which may change from time to time.

If you make an External Service Purchase that includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period and any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To manage or cancel your subscription, you must log in to your External Service Account and follow the instructions to manage or cancel your subscription. Please note that even if you have deleted your account with us or the YourName app from your device, you still need to cancel your subscription through your External Service Account. For instance, if you subscribed using your Apple ID, cancellation is handled by Apple, not YourName. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your YourName subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your YourName subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, YourName may terminate your account immediately in its sole discretion. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. For more information, please refer to Section 8d below.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

When you make purchases within YourName app oe Website, such as subscribing to our premium services, we will use the payment method you have provided on the website or app to process the transaction. Please note that subscriptions are set to renew automatically until you choose to cancel.

When you make a purchase within the YourName app, you agree to pay the displayed prices for the selected services, along with any applicable sales taxes or other charges that may be imposed on your payment. Your payment method will be charged accordingly, and you authorize YourName to collect payment using the payment method you provided. If we discover any billing errors or mistakes, we reserve the right to correct them and charge the correct amount.

If you choose to initiate a chargeback or reverse a payment made using your payment method, YourName may terminate your account immediately at our discretion, as this indicates that you no longer wish to have a subscription with us. If the chargeback or payment reversal is later overturned, please contact our customer service team at info@yourname.ai.

If you sign up for a subscription that automatically renews, your payment method will continue to be charged periodically until you cancel. After your initial subscription period and any subsequent renewal periods, your subscription will continue at the agreed price and time period until you cancel.

To cancel a subscription, you can log in to the YourName website or app and go to the Settings tool, then select “Subscriptions” and follow the instructions to cancel. Alternatively, you can open the Android app and go to the Settings page, then select “Purchases” and follow the instructions to cancel. If you cancel a subscription, you may continue to use the cancelled service until the end of the current subscription period. The subscription will not be renewed after this period expires.

You can edit your payment method information at any time using the Settings tool. If a payment fails due to expired or insufficient funds, you are still responsible for any unpaid amounts, and we reserve the right to continue billing your payment method as updated. This may result in changes to your payment billing dates.

By using our payment services, you authorize YourName to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your card issuer. The terms of your payment will be determined by your payment method and may be subject to agreements between you and your financial institution, credit card issuer, or other payment provider. Certain users may be eligible for refunds as outlined in Section 8d below.

8c. VIRTUAL ITEMS

Please note that virtual items are non-refundable and may be subject to certain conditions. We recommend that you carefully review the terms and conditions governing the purchase and use of virtual items before making a purchase.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as “Boost” (“Virtual Item(s)”) from YourName. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when YourName ceases providing our Services, or your account is otherwise closed or terminated.

YourName, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. YourName may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. YourName shall have no liability to you or any third party in the event that YourName exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH YOURNAME’S SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT YOURNAME IS NOT OBLIGATED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IN THE EVENT THAT YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. PLEASE NOTE THAT THIS POLICY APPLIES TO ALL VIRTUAL ITEMS, REGARDLESS OF WHETHER THEY WERE OBTAINED THROUGH DIRECT PURCHASE OR BY ANY OTHER MEANS.

8d. REFUNDS

Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU, EEA, UK, and Switzerland.

Thank you for considering the Terms of Use Agreement for YourName. We want to ensure that our subscribers are fully informed about our policies regarding refunds.

In general, all purchases are final and nonrefundable. There are no refunds or credits for partially used periods, except if required by the laws applicable in your jurisdiction.

If you are a subscriber residing in the EU, EEA, UK, and Switzerland, you are entitled to a full refund within 14 days after your subscription begins, in accordance with local law. Please note that this 14-day period starts when your subscription starts.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, you have the right to cancel your subscription without penalty or obligation at any time prior to midnight of the third business day following the date you subscribed. In the event of death or disability, you or your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death or disability, provided that you notify the Company as described below.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

If you experience any issues with your subscription, please refer to the following guidelines for assistance. If you subscribed to YourName using your Apple ID and require a refund, please contact Apple directly for assistance. You can do this by accessing your Apple device, navigating to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History, and selecting “Report a Problem” for the relevant transaction. Alternatively, you may also request a refund at https://getsupport.apple.com.

For any other purchases, please contact YourName Customer Service with your order number (found in your confirmation email).

9. ACCOUNT TERMINATION

If you decide to discontinue your use of our Services or if we terminate your account for any reason, it is important to be aware of the following information:

You may delete your account at any time by logging into the App, navigating to the “Settings” tab, and selecting “Account” (the gear icon). Follow the instructions to terminate your membership. Please note that any External Service Purchases made through your External Service Account (e.g., iTunes, Google Play) must be cancelled or managed to avoid additional billing.

In the event that Hinge believes you have violated these Terms, misused our Services, or engaged in inappropriate or unlawful behavior on or off our Services, Hinge reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund. We reserve the right to employ any personal, technological, legal, or other means at our disposal to enforce the Terms without liability and without prior notice, including preventing your access to the Services.

If your account is terminated by either you or Hinge for any reason, these Terms shall remain enforceable between you and Hinge, and no refund for any purchases made will be issued. Your information will be retained and deleted according to our Privacy Policy.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

At YourName, we want to create a safe and welcoming community for all of our users. However, please note that we do not conduct criminal background or identity verification checks on our users. Therefore, we encourage you to use your best judgment when interacting with others on our platform and to follow our Safety Tips to help ensure a positive experience.

YOU UNDERSTAND THAT YOURNAME DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. YOURNAME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. YOURNAME RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE YOURNAME TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY YOURNAME, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

While we at YourName aim to foster a safe and respectful user experience, we cannot be held responsible for the actions of any user on or off our service. It is important to exercise caution in all interactions with other users, especially if you decide to communicate outside of the service or arrange an in-person meeting.

11. DISCLAIMER

At YourName, we provide our Services “as is” and cannot guarantee the accuracy, completeness, or suitability of any content or features within our Services. While we make every effort to ensure the quality and functionality of our Services, we cannot make any representations or warranties regarding their performance or reliability.

AT YOURNAME, WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. WE ALSO MAKE NO GUARANTEES REGARDING THE NUMBER OF ACTIVE USERS AT ANY TIME, THE USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

AT YOURNAME, WE ASSUME NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES. WE ALSO ASSUME NO RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

12. DIGITAL MILLENNIUM COPYRIGHT ACT

At YourName, we understand the importance of protecting intellectual property and take copyright infringement seriously. We are committed to promptly and effectively addressing any instances of copyright infringement. We appreciate your cooperation in helping us maintain a safe and respectful community.

At YourName, we take copyright infringement seriously and have established the following policy in compliance with the Digital Millennium Copyright Act (DMCA). If you believe that any Member Content or Our Content infringes upon your intellectual property rights, please submit a DMCA Takedown Notice to us that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
Identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

You can send any DMCA Takedown Notices to here, or by mail to the following address: Copyright Compliance Department c/o YOURNAME GROUP LLC, [Insert Address Here]. Please note that we reserve the right to terminate the accounts of repeat infringers.

13. ADS AND THIRD-PARTY CONTENT

As a subscription-based service, YourName may display advertisements within our app. These advertisements may be tailored to your interests and preferences based on your use of our app and other information we collect about you, as described in our Privacy Policy. We strive to ensure that these ads are relevant and of value to you, and we appreciate your understanding and support in allowing us to continue offering our services at an affordable price point.

YourName Services may feature advertisements and promotions from third-party sources and may also include links or references to third-party websites or resources. YourName may provide non-commercial links or references to third-party content within its Services. YourName is not responsible for the availability, quality, or content of any external websites or resources. Additionally, YourName does not endorse or assume any liability for any products or services that may be offered by third-party websites or resources. If you choose to interact with third parties made available through our Services, such interactions will be governed by their own terms and conditions. YourName is not responsible or liable for such third parties’ actions or policies.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, YourName’s liability is limited.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOURNAME, YOURNAME GROUP LLC, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF YOURNAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOURNAME’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO YOURNAME FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST YOURNAME, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. DISPUTE RESOLUTION SECTION

In the rare event that a legal dispute arises between the Parties, they agree to resolve it in accordance with the following procedure, to the extent allowed by applicable law.

In the event of a dispute between You and YourName dating app, we encourage You to first contact us directly to seek a resolution. If we are unable to resolve the dispute, this Dispute Resolution Section outlines the procedures for binding arbitration and a waiver of class action rights.

However, any subsection in this Dispute Resolution Section that is prohibited by law shall not apply to users residing in that jurisdiction. This includes Subsections 15b, 15c, 15d, and 15e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. If you reside in one of these jurisdictions and have a complaint or dispute with us, we encourage you to contact us directly to seek a resolution. Alternatively, you may be able to use the European Commission’s online dispute settlement platform, which is available at http://ec.europa.eu/odr.

Please note that YourName dating app does not participate in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.

15a. INFORMAL DISPUTE RESOLUTION PROCESS

At YourName, we value our relationship with our users and strive to resolve any concerns or disputes that may arise. If you are dissatisfied with our Services for any reason, we encourage you to first contact our Customer Service team so we can work together to find a satisfactory resolution.

If a dispute cannot be resolved informally, the following Dispute Resolution Process and Arbitration Procedures will apply. For the purposes of this agreement, “YourName” shall include our affiliates, employees, licensors, and service providers.

Before pursuing a dispute in arbitration or small claims court, you agree to send a detailed notice (“Notice”) to YourName Legal at the address provided on our website. If we have a dispute with you, we will send a Notice to your most recent email address on file, or other contact information associated with your account.

Your Notice must include your full name, information that allows us to identify your account (such as a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth), and a detailed description of your dispute, including the nature and factual basis of your claim(s) and the relief you are seeking, with a corresponding calculation of your alleged damages (if any). You must sign the Notice personally for it to be effective.

Our Notice will include a detailed description of our dispute, which shall include the nature and factual basis of our claim(s) and the relief we are seeking, with a corresponding calculation of our damages (if any).

You and YourName agree to negotiate in good faith in an effort to resolve the dispute. If a telephone conference is requested by either party, you agree to personally participate, with your attorney if you’re represented by counsel. This informal process should lead to a resolution of the dispute within 60 days after receipt of a fully completed Notice, unless the Parties have otherwise mutually agreed to an extension of this informal dispute resolution time period.

Completion of this informal dispute resolution process is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and YourName engage in this informal dispute resolution process.

Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied.

A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND YOURNAME EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND YOURNAME EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST YOURNAME. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND YOURNAME AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

At YourName, we strive to resolve any disputes, claims, or controversies that may arise from or relate to this Agreement, the Services, or our relationship with you in a fair and efficient manner. If such a dispute cannot be resolved through informal means or as provided under subsection 15a above, it shall be resolved through BINDING INDIVIDUAL ARBITRATION, except as otherwise specifically provided in this Dispute Resolution Section.

For the purpose of this Agreement, “Dispute” shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after its termination. However, either you or YourName may choose to have an individual claim heard in small claims court. If such a request is made after an arbitration has been initiated but before an arbitrator has been appointed, the arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court.

All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to the scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. In the event that you or YourName challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to YourName’s other contracting parties.

Any court proceeding to enforce this Dispute Resolution Section, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event that Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against YourName (except for small claims court actions) may be commenced only in the federal or state courts located in [insert your preferred county and state]. By using our Services, you hereby irrevocably consent to the jurisdiction of such courts and waive any claim that such courts constitute an inconvenient forum.

15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection 15d applies to disputes that have been submitted to NAM after completing the informal Notice and Dispute resolution process described in subsection 15a, and when neither party has elected to use small claims court. Any arbitration between you and YourName shall be administered by NAM in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as modified by this Dispute Resolution Section 15. You may obtain a copy of the NAM Rules at https://www.namadr.com/resources/rules-fees-forms or by contacting NAM at NAM’s National Processing Center, located at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, and by email at commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the parties will mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties cannot agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.

The following procedures will apply to any arbitrations initiated under this Dispute Resolution Section, as agreed by the parties:

1. Initiating Arbitration – If you or YourName wish to initiate an arbitration, you or YourName shall submit a demand for arbitration (“Demand for Arbitration”) to the National Arbitration and Mediation (“NAM”), which must describe the claim(s) and request for relief in detail, consistent with the requirements of this Agreement and the NAM Rules. If you submit a Demand for Arbitration, you must also send a copy of it to YourName here, within 10 days of delivery of the Demand for Arbitration to NAM. If YourName submits a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider will not accept or administer any Demand for Arbitration and shall administratively close any such Demand for Arbitration that fails to certify in writing that the Party meets the requirements of the Dispute Resolution Section of this Agreement or if either Party elects small claims court as set forth above.

2. Fees – (a) Payment of Fees. The payment of all fees will be governed by the rules of the National Arbitration and Mediation (NAM) organization, except in cases where the dispute is part of a mass filing or where NAM fees and costs are reallocated by the arbitrator due to a breach of Section 15 of this Agreement, as provided by this Agreement or permitted by applicable law. (b) Financial Hardship. If you are experiencing financial hardship, you may request that YourName consider a good faith request to pay your portion of the consumer portion of the filing fee. (c) Commitment to Affordability. YourName is committed to ensuring that the costs of arbitration do not become a barrier for consumers seeking to resolve disputes. (d) YourName-Initiated Arbitration. If YourName initiates an arbitration against you, we will pay all fees associated with the arbitration.

3. The Arbitration Process – Any dispute or claim arising from or relating to the use of YourName dating app services will be resolved by a neutral arbitrator (the “Claim Arbitrator”), assisted by any Process Arbitrator appointed under the National Arbitration and Mediation Rules (NAM). The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator. If a hearing is elected by either party, the Arbitrator shall be located in or close to your place of residence. The Arbitrator is bound by this Agreement and shall adhere to its terms. In the event that the NAM Rules conflict with this Agreement, the terms of this Agreement shall prevail. If the Arbitrator determines that strict enforcement of any term of Section 15 of this Agreement (with the exception of the small claims election, which will be determined by a small claims court) would lead to an unfair arbitration process (the “Unfair Term”), then the Arbitrator has the authority to modify the Unfair Term to ensure a fundamentally fair arbitration consistent with the Terms of Use (the “Modified Term”). In determining the substance of the Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.

4. Dispositive Motions – The Parties acknowledge that the Claim Arbitrator is authorized to consider dispositive motions without the need for an oral evidentiary hearing. A Party may request to file a dispositive motion based on the pleadings within 30 days of the Claim Arbitrator’s appointment. Additionally, a Party may request to file a dispositive motion for summary judgment based on the Parties’ pleadings and evidence submitted no later than 30 days prior to the scheduled evidentiary hearing.

5. Discovery – Each party may request up to five relevant, non-privileged documents from the other party and may ask for no more than five relevant interrogatories (including subparts) for the other party to respond to. Unless otherwise agreed upon by both parties, no other forms of discovery, such as depositions, may be used. Any discovery requests must be sent to the other party within 21 days after the appointment of the Claim Arbitrator. The responding party must provide the requesting party with all responsive, non-privileged documents, signed responses to interrogatories, and/or any objections to the requests within 30 days after receipt of the requests. If there is an objection to any discovery request, the responding party must provide the requested materials within 30 days after the Claim Arbitrator resolves the dispute. If either party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, the deadline for written discovery responses will be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes or requests for extensions related to discovery must be submitted to the Claim Arbitrator for prompt resolution. In making any rulings on discovery disputes or extension requests, the Claim Arbitrator will consider the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

6. Confidentiality – In the event that either party requests it, the arbitrator will issue an order to protect the confidentiality of any information disclosed during the arbitration, whether in written or verbal form. This confidential information may only be used or disclosed as necessary for the arbitration proceedings or to enforce the arbitration award, and any court filings that include confidential information must be filed under seal to maintain their confidentiality.

7. Arbitration Hearing – In the event of a dispute between you and YourName, both parties are entitled to a fair evidentiary hearing before a Claim Arbitrator. Arbitration proceedings are typically simpler, less expensive, and more streamlined than trials and other judicial proceedings. The parties agree to forgo any oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the parties may agree, unless a party requests an oral hearing within 10 days after the respondent files a response. If an oral evidentiary hearing is requested, both parties must attend in person, regardless of whether either party has retained counsel. Failure to attend the hearing in person, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against the party who fails to attend.

8. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator appointed by YourName shall provide a reasoned decision in writing within 30 days after the hearing, or if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify any relief awarded and provide a brief statement of the reasons for the decision. The arbitration award will be binding only between you and YourName, and will not have any preclusive effect in another arbitration or proceeding involving a different party. However, the Claim Arbitrator may choose to consider rulings from other arbitrations involving different parties. The Arbitrator may award fees and costs as provided by the NAM Rules, or to the extent such fees and costs could be awarded in court, including the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous, brought for an improper purpose, for the purpose of harassment, or in bad faith.

9. Settlement Offer – The Respondent may, at their discretion, provide a written settlement offer to the opposing Party before the evidentiary hearing or, if a dispositive motion is allowed, prior to the dispositive motion being granted. The amount or terms of any settlement offer must not be revealed to the Claim Arbitrator until after they have issued an award on the claim. If the award is in favor of the opposing Party and is less than the Respondent’s settlement offer, or if the award is in favor of the Respondent, the opposing Party will be required to pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. However, if any applicable statute or caselaw prohibits the shifting of costs incurred in the arbitration, then the offer in this provision will serve to halt the accumulation of any costs that the claimant may be entitled to for the cause of action under which they are suing.

10. Mass Filing Procedures – If 25 or more similar demands for arbitration are asserted against Hinge or related parties by the same or coordinated counsel or entities (“Mass Filing”), the following additional protocols shall apply, consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/).

I. If you or your legal representative file a Demand for Arbitration that falls within the definition of Mass Filing as described above, you agree to abide by the additional protocols outlined in this Mass Filing subsection. By doing so, you acknowledge that the resolution of your dispute may be delayed, and that any relevant statute of limitations will be paused from the moment the first cases are selected to proceed until your case is chosen for a bellwether proceeding.

II. If your dispute is deemed by YourName, in its sole discretion pursuant to its rules and this Dispute Resolution Section, to be part of a mass filing, YourName’s Mass Filing Rules will apply. Either you or YourName may elect to apply these rules and related fee schedule by providing written notice to NAM and all parties involved in the dispute.

III. Bellwether Proceedings. If multiple disputes involving similar claims against YourName arise, courts and arbitration administrators may encourage bellwether proceedings. In such cases, counsel for the claimants (including you) and counsel for YourName shall each select 15 demands for arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time. Each of the 30 individual arbitrations shall be presided over by a different Claim Arbitrator in a first set of bellwether proceedings. During this time, no other demands for arbitration that are part of the mass filings may be filed, processed, adjudicated, or pending.

If the parties are unable to resolve the remaining demands for arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the claimants and counsel for YourName shall each select an additional 15 demands for arbitration (30 total) to be filed, processed, and adjudicated as individual arbitrations in a second set of bellwether proceedings. During this time, no other demands for arbitration that are part of the mass filings may be filed, processed, or adjudicated.

This staged process of bellwether proceedings, with each set including 30 demands for arbitration adjudicated on an individual basis, shall continue until each demand included in the mass filings (including your demand for arbitration) is adjudicated or otherwise resolved. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement. Fees associated with a demand for arbitration included in the mass filings, including fees owed by YourName and the claimants (including you), shall only be due after your demand for arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication.

Your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled if the first mass filings’ demands for arbitration are chosen for the initial set of bellwether proceedings that have been filed. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.

IV. Both you and YourName value the integrity and efficiency of the arbitration and small claims court process and wish to utilize it for the fair resolution of any genuine and sincere disputes between us. You and YourName acknowledge and agree to act in good faith to ensure the fair and equitable resolution of any such disputes. We further agree that the Mass Filings procedures outlined in this Agreement have been reasonably designed to result in an efficient and just adjudication of these cases.

15e. FUTURE CHANGES AND RETROACTIVE APPLICATION

This Dispute Resolution Section 15 applies to all disputes between You and YourName, including claims that accrued against you or YourName prior to the time of your consent to this Agreement and to any claims that accrue against you or YourName after your consent to this Agreement.

If you would like to opt-out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against YourName prior to the time of your consent to this Agreement, you may do so by sending written notice to here within 30 days of your consent to this Agreement. Your opt-out notice must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note that if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections.

Regardless of whether you opt out of the retroactive application of this Dispute Resolution Section 15, You and YourName will resolve any claims that accrue against you or YourName after your consent to this Agreement in accordance with this Dispute Resolution Section. Please note that customer support inquiries should not be directed to optout@yourname.ai, but rather to customer support here.

16. GOVERNING LAW

Any dispute arising from or related to the use of YourName dating app will be governed by Texas law and the Federal Arbitration Act, except where such use of arbitration is prohibited by law.

To the fullest extent permitted by law, any dispute related to the use of YourName dating app or this Agreement will be governed by the laws of Texas, U.S.A., without regard to its conflict of laws principles. Please note that for users residing outside of the United States, the choice of Texas law will not supersede any mandatory consumer protection laws applicable in the jurisdiction where you resided at the time you accepted this Agreement. However, the dispute resolution process outlined in Section 15 of this Agreement will be governed by the Federal Arbitration Act.

17. VENUE/FORUM SELECTION

To the maximum extent permitted by law, any claims that are not resolved through arbitration for any reason must be brought in the state or federal courts located in Dallas County, Texas. This provision shall not apply to claims filed in small claims court, or for users residing in the EU, EEA, UK, Switzerland, or another jurisdiction where such provisions are prohibited by law.

Except where prohibited by law, including for users residing in the EU, EEA, UK, or Switzerland who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising from or related to this Agreement, our Services, or your relationship with YourName that are not required to be resolved through arbitration or filed in small claims court shall be exclusively litigated in the federal or state courts located in Dallas County, Texas, U.S.A. You and YourName consent to the personal jurisdiction of the courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

18. INDEMNITY BY YOU

You agree to indemnify YourName if a claim is made against YourName due to your actions.

You agree to indemnify, defend, and hold harmless YourName, its affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, to the extent permitted under applicable law, due to, arising out of, or relating in any way to your access to or use of the YourName dating app, your content, your conduct toward other users, or your breach of this Agreement.

19. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using the Services provided by YourName, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms of Use, which we may update and modify from time to time, (ii) our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, and (iii) any Additional Terms Upon Purchase. If you do not agree to be bound by all the terms of this Agreement, you are not authorized to use our Services.

All pronouns used in this Agreement, and any variations thereof, shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the entities or persons referred to may require.

20. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

These Terms, along with the Privacy Policy, Cookie Policy, Member Principles, Safety Dating Advice, and any Additional Terms Upon Purchase, constitute the entire agreement between you and YourName regarding the use of our Services. These Terms supersede any prior agreements, representations, and arrangements between us, whether written or oral. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of the Terms will remain in full force and effect. The failure of YourName to enforce any right or provision of these Terms will not be construed as a waiver of such right or provision.

You acknowledge and agree that your YourName account is non-transferable, and all of your rights to your account and its content will terminate upon your death, unless otherwise provided by law. Any rights and licenses granted under these Terms cannot be transferred or assigned by you, but may be assigned by YourName without restriction. These Terms do not create any agency, partnership, joint venture, fiduciary, or other special relationship or employment between you and YourName, and you are not authorized to make any representations on behalf of or bind YourName in any manner.

21. SPECIAL STATE TERMS

Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin

While YourName does not guarantee any specific number of “referrals,” our Services allow subscribers to view as many profiles as they desire.

For subscribers residing in North Carolina:

The YourName Services do not guarantee a specific number of “referrals” to subscribers. Instead, our Services allow subscribers to view as many profiles as they wish.

Subscribers may temporarily suspend their subscription for a period of up to one year by providing written notice to YOURNAME GROUP Legal here.

Our Privacy Policy sets forth how we use your information and provides information on how you can access your information.

For your convenience, we have made the New York Dating Service Consumer Bill of Rights available for your review here.

For subscribers residing in North Carolina:

Please review the North Carolina Buyer’s Rights, which are available here.

For subscribers residing in Illinois, New York, North Carolina, and Ohio:

Our Services are widely available throughout the United States. If you believe that you are no longer residing in an area where we provide Services, please contact us here, and we will work with you to provide alternative Services or issue a refund.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

You have the right to cancel your subscription without penalty or obligation at any time prior to midnight of the third business day following your subscription date. If you pass away before the end of your subscription period, your estate will be entitled to a refund for any unused portion of your subscription. If you become disabled during your subscription period and are unable to use our Services, you may be entitled to a refund for any unused portion of your subscription. To request a refund, please follow the procedures outlined in Section 8 of this agreement.