Terms of Use

TERMS OF USE

Welcome to Safe Date. These Terms of Use ("Terms"), together with our Privacy Policy and additional policies we reference, form a legally binding agreement (the "Agreement") between you ("you" or "your") and Safe Date, LLC ("Safe Date," "Company," "we," "our," or "us") governing your use of our website, mobile applications, and any related online services where these Terms appear or are linked (collectively, the "Service").

By clicking "Sign Up", "Join," "Get Started", or similar, submitting an application, creating an account, purchasing access to any feature, or otherwise using the Service in any way, you agree to be bound by this Agreement. If you do not agree to all of the terms and conditions in this Agreement, you must not use the Service.

1. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

These Terms contain an Arbitration Agreement. By accepting these Terms, you and Safe Date agree to resolve certain disputes through binding arbitration instead of in court, and you waive the right to a jury trial and to participate in class or representative actions, except to the limited extent described below.

1.1 What is arbitration?

Most legal disputes are resolved in court, in front of a judge or jury. Court cases are generally public. Arbitration is a private, less formal process in which a neutral arbitrator, rather than a judge or jury, decides the dispute after considering the evidence and arguments. The arbitrator must follow the applicable law and issue a written decision.

1.2 What disputes does this Arbitration Agreement cover?

To the fullest extent permitted by law, any dispute, claim, or controversy between you and Safe Date that in any way relates to or arises out of (i) your access to or use of the Service (including our website, apps, and features such as the Member's Lounge, Insite video chat, Events, Game Room, Spin it to Win it, and The Back Room), (ii) these Terms, (iii) our Privacy Policy, Community Guidelines, Colorado Safety Policy, Consumer Health Data Policy or any other policy or agreement referenced in these Terms or linked on our website, must be resolved exclusively through binding arbitration and not in a court of law, except as expressly provided in Section 1.7 below.

This Arbitration Agreement is intended to be broadly interpreted and applies to, among other things, disputes based on contract, statute, regulation, ordinance, tort, fraud, misrepresentation, negligence, or any other legal or equitable theory, regardless of when the dispute arose.

1.3 Your right to opt out

If you do not wish to be bound by this Arbitration Agreement, you may opt out by sending a written notice to us at customerservice@safedate.net within 30 days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the Arbitration Agreement.

If you opt out, you will not be required to arbitrate disputes with us, but the rest of these Terms will continue to apply. Opting out will not affect any prior arbitration agreement you may have with us.

1.4 How will the arbitration work?

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"), as modified by this Arbitration Agreement. You can obtain copies of the JAMS Rules at www.jamsadr.org or by contacting JAMS.

  • Filing and forum. A party who wishes to initiate arbitration must submit a demand for arbitration to JAMS. Unless the parties agree otherwise, the arbitration hearing will take place in the county where you reside, or by videoconference, at your election, subject to the JAMS Rules.
  • Neutral arbitrator. The arbitrator will be a neutral, licensed attorney or retired judge selected in accordance with the JAMS Rules.
  • Applicable law. The arbitrator will apply the laws of the State of Colorado, without regard to its conflict-of-law principles, consistent with Section 1.5 below.
  • Written decision. The arbitrator will issue a written award that states the essential findings of fact and conclusions of law on which the decision is based.

The arbitrator has the same authority to award individual relief that a court would have under applicable law, including damages, injunctive relief, and attorneys' fees and costs where authorized by law. The arbitrator may not award relief to or against anyone who is not a party to the arbitration.

1.5 Governing law

These Terms and any dispute subject to this Arbitration Agreement are governed by the laws of the State of Colorado, without regard to conflict of law rules. The arbitrator will apply Colorado law to all claims in the arbitration, except where another state's law cannot be waived and must apply by statute.

1.6 Who pays for the arbitration?

JAMS charges fees for administering arbitrations. In most cases, the only fee you will be required to pay to JAMS to initiate arbitration is $250 (or the amount required by the JAMS consumer fee schedule, if lower). We will pay all other administrative fees and arbitrator fees charged by JAMS.

If the arbitrator determines that your claim was filed in bad faith or is frivolous (for example, filed solely to harass or without any legal basis), the arbitrator may require you to pay some or all of the JAMS fees, as permitted by law and the JAMS Rules.

Each side will pay its own attorneys' fees and costs, unless a statute specifically authorizes the arbitrator to award attorneys' fees to the prevailing party, in which case the arbitrator may do so consistent with that statute.

1.7 Are there any instances where a court will get involved?

There are limited circumstances where a court may be involved. Either party may file a lawsuit in court solely to seek equitable relief (for example, a temporary restraining order or injunction) to prevent the actual or threatened misuse or infringement of intellectual property rights or to compel arbitration under this Arbitration Agreement. Any court with jurisdiction may enforce an arbitration award. You and we agree that any court proceedings permitted under this Section, including actions to compel arbitration or to confirm, modify, or vacate an arbitration award, will be brought only in the state or federal courts located in Parker, Colorado, and you and we consent to the personal jurisdiction of those courts for such purposes. These limited exceptions do not waive or limit the requirement that all other disputes be resolved through arbitration.

1.8 No class actions or representative proceedings

You and Safe Date agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Unless both you and Safe Date agree in writing otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, consolidated, or representative proceeding. Class arbitrations and class actions are not permitted.

If a court or arbitrator decides that this Section 1.8 is unenforceable as to any claim, then that claim (and only that claim) must be litigated in court and not in arbitration, and the remainder of this Arbitration Agreement will still apply.

1.9 Survival

This Arbitration Agreement will survive termination of your account and any cessation of your use of the Service. It also survives any assignment of these Terms by us.

2. THE SAFE DATE SERVICE

2.1 What Safe Date Is

Safe Date is a membership-based online community that connects adults who are interested in dating, friendships, romance, and serious relationships. We aim to offer an exclusive, verified members only environment focused on authenticity and safety, including through member vetting, community standards, and safety resources.

The Service may include, among other things:

  • A curated application and vetting process to determine membership eligibility.
  • An "Exclusive Community of Verified Members," where membership authentication and limited identity checks are used to help ensure that profiles reflect real people.
  • The Member's Lounge, a space within the Service where members can relax, chat, and connect in a casual environment that is designed to feel safe and "effortlessly cool."
  • Insite video chat, which allows members to communicate by video within the Service so they can sense chemistry before deciding whether to meet in person.
  • An Events Calendar, which may show events, meetups, and other activities in your area. Some events may be hosted by third parties or by members themselves.
  • Customer support with "fast response time from real people," subject to reasonable volume and hours.
  • Additional features that may be offered now or in the future, such as the Game Room, Spin it to Win it, and The Back Room, which may provide games, contests, or other interactive or adult oriented experiences, subject to our Community Guidelines and applicable law.

We may add, modify, suspend, or retire features or components of the Service from time to time, in our discretion, including those described above. Where a change materially affects paid features, we will provide notice where required by law or this Agreement.

2.2 No Guarantee of Matches or Outcomes

Safe Date provides tools and a community where you can connect with other members, but we do not guarantee that you will meet any particular person, experience any particular type of relationship, or achieve any particular result from using the Service. We make no promises as to the frequency, quality, or success of matches, messages, video chats, events, or in-person meetings.

3. ELIGIBILITY AND APPLICATION PROCESS

3.1 Application and Vetting

To access the full Service, you may be required to submit an application and provide accurate identifying information (for example, your name, date of birth, and contact information). Safe Date may use this information to conduct identity related and risk related checks, which may include reviewing external data sources and public records, in order to help verify your identity and assess eligibility.

We reserve the right, in our sole discretion, to accept or decline applications, to grant or deny membership, and to set or update the criteria used in our vetting process. We may also place applicants on a waitlist, review applications again at a later time, or request additional information or documentation if we deem it appropriate.

Our vetting processes have important limitations. Public records and other data sources may be incomplete, inaccurate, or outdated, and many harmful acts are never reported or prosecuted. We do not guarantee that we will identify all risks, and we do not guarantee that any member has no criminal history, is safe, or will behave appropriately. Any vetting, checks, or "verification" indicators we provide are tools to assist you; they are not a promise or warranty about any member.

By using the Service, you acknowledge that interactions with other members, whether online or in person, inherently involve risk and that you are solely responsible for deciding whether and how to communicate or meet with others. To the fullest extent permitted by law, Safe Date is not responsible for the acts or omissions of members, even if those acts occur despite our vetting, background, or verification processes.

3.2 Eligibility

You must meet all of the following requirements to apply for or use the Service:

  • You are at least eighteen (18) years of age.
  • You can form a binding contract with Safe Date.
  • You are not prohibited by law from using online dating or similar services.
  • You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence.
  • You are not required to register as a sex offender with any state, federal or local sex offender registry.
  • You are not on any U.S. government prohibited or restricted list.
  • You do not have more than one account on the Service.
  • You have not previously been removed or banned from the Service unless we have given you express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately stop using the Service and delete your account.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Your Account

Once accepted as a member, you will be required to create a Safe Date account and profile ("Account"). You agree to provide current, complete, and accurate information and to update your information as needed to keep it accurate. You represent and warrant that: (i) you are creating the Account for yourself and not for any other person (unless explicitly permitted by us in writing); (ii) you will not misrepresent your identity, age, or relationship status, or your affiliation with any person or entity; and (iii) you will not impersonate any person or entity and will not post photos or other content of another person without lawful permission. We may, at any time and in our sole discretion, refuse to grant you access, remove or edit your profile, suspend or terminate your Account, or limit your access to some or all of the Service.

4.2 Personal Use Only

Your Account is for your personal, non-commercial use only. You may not: (i) share or transfer your login credentials; (ii) sell, rent, or otherwise monetize access to your Account; or (iii) use the Service primarily to advertise or promote a business, product, or service without our express written consent. Limited references to your work or business in your profile are permitted, but the primary purpose of your use must be dating and connection, not marketing.

4.3 Account Security

You are responsible for maintaining the confidentiality of your username, password, and other credentials, and for all activity that occurs under your Account. If you suspect any unauthorized access or use of your Account, you must notify us promptly at customerservice@safedate.net. You are responsible for taking reasonable steps to secure your devices and for ensuring that content or files you access through the Service are free from viruses or other harmful elements. We are not responsible for any damage to your hardware, software, or other equipment or technology arising from your use of the Service, except as required by applicable law.

4.4 No Data Storage Obligation

The Service is not designed as a permanent data storage repository. We have no obligation to retain any records of your Account or content. You are solely responsible for backing up content or information you wish to preserve.

5. COMMUNITY GUIDELINES; SAFETY; USER INTERACTIONS AND MEETINGS

5.1 Community Guidelines

Your use of the Service is subject to our Community Guidelines, which are incorporated into this Agreement by reference. The Community Guidelines describe expected behavior and prohibited conduct on the Service, including rules regarding honesty, harassment, hate, sexual misconduct, fraud, privacy, and commercial activity.

If you violate the Community Guidelines, we may take action as described in those guidelines and in these Terms, which may include content removal, feature restrictions, suspension, or termination of your Account.

5.2 Colorado Safety Policy

If you are a member located in Colorado, our Colorado Safety Policy provides additional information required by Colorado law about prohibited content and conduct, background screenings, identity and age verification, reporting procedures, notice practices, enforcement actions, and safety measures. The Colorado Safety Policy is incorporated into this Agreement for Colorado members. In the event of a conflict between this Agreement and the Colorado Safety Policy with respect to safety-related disclosures for Colorado members, the Colorado Safety Policy controls.

5.3 Your Responsibility for Interactions and Meetings

You are solely responsible for your communications, interactions, and meetings with other members, whether online or in person. This includes interactions via messaging, Insite video chat, the Member's Lounge, any future features such as the Game Room, Spin it to Win it, The Back Room, and any off-platform communication.

Although we strive to promote a safer environment through vetting, reporting tools, and enforcement, we do not control what happens in your private communications or in-person meetings. You acknowledge that:

  • We do not conduct criminal background checks on all members and cannot guarantee that each member's identity or background information is accurate.
  • We do not supervise in-person meetings, dates, or events, and we are not responsible for what occurs there.
  • You must use your own judgment and take appropriate precautions when deciding whether to communicate or meet with someone.

To the fullest extent permitted by law, Safe Date and its affiliates, officers, directors, employees, and agents are not liable for any losses or damages arising out of or relating to your communications, interactions, or meetings with other members or third parties, whether arranged through the Service or otherwise.

We recommend that you review our safety tips and follow reasonable precautions, including meeting in public places, telling a trusted person where you are going, arranging your own transportation, and leaving if you feel uncomfortable or unsafe.

6. PROHIBITED CONDUCT

Without limiting the Community Guidelines, by using the Service you represent and agree that you will not:

  • Provide false, misleading, or incomplete information, create more than one Account, create an Account for another person without authorization, or create an Account if you are ineligible or have been previously banned.
  • Use the Service in any way that could damage, disable, overburden, or impair our systems.
  • Probe, scan, or test the vulnerability of the Service or any related system or network, or attempt to circumvent any security or authentication measures.
  • Use automated tools (such as robots, spiders, or scrapers) to access the Service without our prior written permission.
  • Send spam, solicitations, or unauthorized advertisements via the Service.
  • Harvest or collect information about other users, including emails, phone numbers, or addresses, without their consent.
  • Solicit sensitive personal information from other users, including social security numbers, bank or credit card numbers, passwords, or similar data.
  • Use the Service or your Account for any commercial purpose without our prior written consent.
  • Intimidate, bully, stalk, assault, harass, defame, or otherwise abuse other users.
  • Post or share content that is hate speech, threatening, sexually explicit or pornographic, or that contains gratuitous or graphic violence.
  • Promote or glorify racism, bigotry, hatred, or physical harm against any group or individual.
  • Engage in any activity that is illegal, infringing, fraudulent, malicious, or that could expose us or other users to harm or liability.
  • Create a new Account if we have already terminated your Account, unless you have our prior written permission.
  • Attempt, encourage, or assist others to do any of the above.

We may investigate and, in our sole discretion, suspend or terminate your Account if you violate this Agreement, misuse the Service, or behave in a way we regard as unsafe, inappropriate, or unlawful, on or off the Service.

7. USER CONTENT

7.1 Your Content

"Content" means all information, text, photos, videos, audio, graphics, messages, and other materials that you upload, post, submit, or otherwise provide through the Service, including your profile, messages, Insite video chats (to the extent recorded or reported), and any participation in games, contests, or The Back Room.

You are responsible for your Content and for ensuring that it complies with this Agreement, the Community Guidelines, and all applicable laws. You must not post Content that is infringing, illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise prohibited by this Agreement.

7.2 License to Safe Date

You remain the owner of your Content, but you grant Safe Date an irrevocable, perpetual, non exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to host, store, use, copy, display, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Content in any media now known or later developed in connection with operating, improving, and promoting the Service.

You also grant Safe Date the right to use your name, likeness, and image as they appear in your Content for purposes of operating and promoting the Service, subject to applicable law and our Privacy Policy. You represent and warrant that you have all rights necessary to grant these licenses.

7.3 Prohibited Content

You agree not to post:

  • Content that infringes the intellectual property or other rights of any person.
  • Illegal or obscene Content, including child sexual abuse material, non-consensual intimate imagery, or unlawful recordings.
  • Content depicting or glorifying sexual violence, extreme violence, or other serious criminal activity.
  • Threatening, defamatory, or doxxing Content (for example, posting someone's private information without consent).
  • Spam or commercial solicitations not authorized by Safe Date.

We may remove Content that we believe violates this Agreement or the Community Guidelines, but we are not obligated to monitor or pre-screen Content.

If a third party brings a claim against us in connection with your Content, you agree to indemnify, defend, and hold us harmless from all damages, costs, and expenses (including reasonable attorneys' fees) arising from that claim, as described more fully in Section 13.

7.4 Reviews

If your Content contains any reviews or comments—including reviews of the Service and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted to your Content, Company will have the right to republish all or part of your reviews and comments on the Service, Company's social media accounts, advertising, and other media as Company deems fit.

7.5 Other Users' Content

Content posted by other users belongs to those users, not to you or to us. You may use other users' Content only as reasonably necessary to use the Service for its intended purposes (connecting and communicating with other members). You may not copy, distribute, or use other users' Content for unrelated or commercial purposes, or to harass, abuse, or threaten others. We may terminate your Account if you misuse other users' Content.

8. PAYMENTS AND SUBSCRIPTIONS

8.1 Paid Features and Bundles

Some parts of the Service are provided free of charge; others require payment. From time to time, we may offer subscriptions or one time purchases, including the "Big Beautiful Bundle" and other feature bundles.

The Big Beautiful Bundle may be marketed as a one time payment for a stated period (for example, 12 months) of access to a defined set of features, such as enhanced discovery, extra messaging capabilities, access to certain lounges or games, or early access perks for new features. The specific features, pricing, and duration applicable to your purchase will be disclosed to you at checkout.

We may also offer traditional recurring subscriptions for some features, as described below.

8.2 Your Payments

You agree to pay all fees associated with your use of paid features, bundles, or subscriptions, as presented to you at the time of purchase. Prices and available features may change over time, but we will not increase recurring subscription fees for you without prior notice sufficient to allow you to cancel before the change takes effect.

8.3 Subscriptions and Automatic Renewal

If you enroll in any recurring subscription, you authorize us (or our payment processor) to charge your payment method at the recurring intervals disclosed at the time you subscribe (for example, monthly or annually) until you cancel. Your subscription will automatically renew at the end of each billing period unless you cancel in advance as described below.

8.4 Managing and Canceling Subscriptions

Deleting your Account does not automatically cancel your subscription. To change or cancel a subscription, you must: follow the instructions in the Service; or if you purchased through a mobile app store (such as the Apple App Store or Google Play Store), manage your subscription directly through the store; or contact us at customerservice@safedate.net with enough information for us to identify your Account (for example, username, email address, and, where relevant, transaction details). Cancellations must be made sufficiently in advance of the next billing date as specified at purchase to avoid being charged for the next period.

8.5 Free Trials and Promotions

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account does not cancel your free trial.

8.6 No Refunds

Except where otherwise stated at purchase or required by law, all sales are final and fees are non-refundable.

8.7 State-Specific Cancellation and Refund Rights

If you live in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, or Wisconsin, or in any state with similar protections, the following terms apply to qualifying paid subscriptions and continuing services, to the extent required by law:

  • Three Business Day Cancellation Right: You may cancel your subscription, without penalty or obligation, at any time before midnight of the third business day after the date you first subscribe. To cancel, contact us before the deadline by either: Emailing customerservice@safedate.net with "Cancellation Notice" in the subject line; or mailing a written notice to: Safe Date, LLC – Attn: Cancellations [11161 Brownstone Drive, Parker, CO 80138]. Include your full name, the email associated with your account, and enough information for us to identify your subscription.
  • Refund if You Die: If you die before the end of your prepaid subscription term, your estate is entitled to a refund of the portion of any payment that applies to the period after your death. A representative of your estate must notify us in writing, identify your account, and provide reasonable proof of death.
  • Refund if You Become Disabled: If you become disabled so that you cannot use the Service before the end of your prepaid subscription term, you are entitled to a refund of the portion of any payment that applies to the period after your disability. You must notify us in writing, identify your account, and provide reasonable documentation of the disability.
  • Refund Method: For qualifying cancellations and refunds under this section, we will issue the refund within a reasonable time after receiving your notice and any required documentation, using your original payment method when feasible or another reasonable method if necessary.

These state specific rights are in addition to any other cancellation or refund rights in these Terms or under applicable law. If there is a conflict between this section and another part of Section 8 for residents of the states listed above, this section governs to the extent of the conflict.

9. INTELLECTUAL PROPERTY

9.1 Your License to Use the Service

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access and use the Service for your personal, non-commercial use. This license does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Service or our intellectual property without our prior written consent. All rights not expressly granted in this Agreement are reserved by Company.

9.2 Our Intellectual Property

The Service, including our name, logos, design, software, text, graphics, trademarks, and other materials (excluding your Content and other users' Content), are owned by Safe Date or our licensors and are protected by intellectual property law. Nothing in this Agreement grants you any right, title, license, or interest in our intellectual property. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in, or the validity of, our intellectual property.

9.3 Copyright Infringement and Our DMCA Policy

Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.

If you believe Content located on or linked to the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person who made the Content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following:

  • a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
  • an identification of the copyright claimed to have been infringed;
  • a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material;
  • your name, address, telephone number, and email address; and
  • a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to customerservice@safedate.net with the subject line "DMCA NOTICE." Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

10. MOBILE APPS AND COMMUNICATIONS

When you access the Service via a mobile network, your carrier's data and messaging rates may apply. Your device or network may not support all features.

By registering for the Service and providing contact information, you consent to receive electronic communications from Safe Date, including emails, app notifications, and messages related to the Service, new features, promotions, and legal notices. You can opt out of certain promotional communications by following the unsubscribe instructions or contacting us, but you may still receive transactional or account related messages.

You also consent to receive communications from other members through the Service, such as messages, match notifications, and video chat invitations. For more information, see our Privacy Policy.

11. THIRD PARTIES

The Service may involve or link to third party providers, websites, apps, content, or services. Examples include identity verification vendors, payment processors, hosting providers, or third party event organizers.

These third parties are not parties to this Agreement and are responsible for their own services and content. We do not control or endorse third party websites, apps, or content, and we are not responsible for your interactions with them. Your use of third party services may be subject to separate terms and privacy policies.

12. TERMINATION

You may terminate your Account at any time by following the instructions in the Service. If you have an active subscription, you must also cancel it as described in Section 8 to avoid further charges.

We may suspend or terminate your Account, with or without notice, if we believe you have violated this Agreement, our Community Guidelines, the Colorado Safety Policy, or applicable law; misused the Service; or engaged in conduct that we consider unsafe or inappropriate, on or off the Service. Upon termination, you are no longer authorized to use the Service, and we may delete or restrict access to your Account and Content, subject to our legal and business obligations.

Certain provisions of this Agreement survive termination, including those relating to payment obligations, intellectual property, assumption of risk, indemnity, disclaimers, limitation of liability, dispute resolution, and general terms.

13. ASSUMPTION OF RISK; INDEMNITY BY YOU

To the fullest extent permitted by law, you assume all risk for your use of the Service and your interactions with other members, whether online or in person.

In addition to any other indemnification obligations expressly stated in this Agreement, you agree, to the fullest extent permitted under applicable law, to indemnify, defend and hold harmless Safe Date and its owners, officers, directors, employees, contractors, attorneys, service providers, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your access to or use of the Service.
  • Your Content.
  • Your interactions or disputes with other users, whether on or off the Service.
  • Your breach of this Agreement, any other policies governing the Services, or any applicable law.
  • Your use of, or reliance on, any third-party sites, products, or services accessed through the Service.

We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification and you agree to cooperate with our defense. This obligation survives termination of this Agreement.

14. DISCLAIMERS; LIMITATION OF LIABILITY

14.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. AMONG OTHER THINGS, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
  • ANY DEFECT WILL BE CORRECTED.
  • YOU WILL OBTAIN ANY PARTICULAR RESULT FROM USING THE SERVICE, INCLUDING FORMING ANY PARTICULAR RELATIONSHIP.

WE ARE NOT RESPONSIBLE FOR CONTENT OR CONDUCT OF USERS OR THIRD PARTIES, ON OR OFF THE SERVICE. YOU ACCESS USER CONTENT AND INTERACT WITH OTHER MEMBERS AT YOUR OWN RISK.

14.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAFE DATE OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ATTORNEYS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.
  • THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY, ON OR OFF THE SERVICE.
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

IN ALL CASES, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO SAFE DATE FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

14.3 Application of Disclaimers

Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. Company's service providers, licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

15. EVENT CREATORS AND HOSTS

In addition to, and under no circumstances in limitation of, the other provisions of these Terms, by utilizing the Service to, directly or indirectly in any manner whatsoever, create, host, promote, or invite others to a private or public event, you acknowledge and agree that (i) the Company is not responsible for the event or any aspect thereof, including, but not limited to, the behavior or safety of any attendee, (ii) you will not promote, market or refer to the event as a Company event or otherwise indicate or give the impression that Company has any involvement with the event other than as an invitation platform, and (iii) you agree to indemnify and hold Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party relating to the event.

16. GENERAL

16.1 Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

16.2 Severability

If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

16.3 No Waiver

A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

16.4 Assignment

This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

16.5 Independent Contractors

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

17. CHANGES

Internet technology and laws change frequently. We may update this Agreement from time to time to reflect changes in our Service or legal requirements. If we make a material change, we will provide notice in accordance with applicable law (for example, by email or in app notice) before the change becomes effective. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the updated Agreement.