Get the app

Legal

Terms of Use

Last updated:  August 2, 2026

Hey there, fit people! Welcome to Datefit, operated by Datefit, LLC (“Datefit”, “us” or “we”).

These are Datefit’s Terms of Use (“Terms”). It’s important for you to read these Terms before using the Datefit mobile applications (“App”), or our website (http://datefit.com/), or any services offered on them (collectively, the “Services”), because they explain your rights and our rights. These Terms are a contract between you and Datefit, and you are legally bound by these Terms once you access, view, or use our Services. If you don’t agree to these Terms, you may not access or use the Services.

1. General.

These Terms supersede any prior agreements or arrangements with you. Datefit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain goods or services, such as policies for a particular event, activity or promotion, and those terms will be disclosed to you if you participate. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms prevail over these Terms if there’s a conflict with respect to the applicable Services.

Datefit may amend the Terms related to the Services from time to time. Amendments will be effective upon Datefit’s posting of the updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after we post them means your consent to be bound by the new Terms.

Our collection and use of personal information in connection with the Services is as provided in Datefit's Privacy Policy, and that Privacy Policy is incorporated into and made a part of these Terms.

2. Eligibility. Here are some ground rules for using our Services:

First, sorry kids, but no minors are permitted. You must be at least 18 years old to create an account on Datefit and use the Services. Second, you must be legally permitted to use the Services, meaning you’re not barred from using the Services under any applicable laws and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

2. User Accounts.

To create a Datefit account, you may sign in using your Facebook login, your telephone number or your email address. If you use Facebook to create your Datefit account, you authorize us to access, use, and display certain information from your Facebook account, including for example, your profile pictures, relationship status, friends, location, and other public profile information. (If you want to know more about how we use information, be sure to read our Privacy Policy.)

You are responsible for maintaining the confidentiality of your Datefit login credentials, and you may not use another person’s account without permission. That means you are solely responsible for all activities that occur under your Datefit account. If you think someone has gained access to your account, you should immediately contact customer support through the App or at: Support@Datefit.com.

We’re pretty sure you’ll love Datefit, but if you don’t, you may terminate your account at any time, for any reason. Just go to the “Settings” menu in the App and follow the instructions. If you made any in-app purchases, you can easily manage them through your mobile device platform (e.g., App Store, Google Play).

Datefit may terminate your account at any time without notice if it believes that you have breached these Terms. Upon termination, you won’t be entitled to any refunds.

Appeals

If we ban or terminate your account, or remove your content, you may appeal that decision.

To appeal, email support@datefit.com within 30 days of the action. Please include the email address or phone number associated with your account, tell us what was banned or removed, and explain why you believe the decision was wrong.

A member of our team reviews every appeal manually. We will respond within 7 days of receiving your appeal.

Each action may be appealed once.

3. Changes to the Services.

Our goal is to offer you the best services possible, so we may add, modify, or remove some functions and features once in a while. The purpose of any changes will be to bring you a better overall experience, and if these changes don’t materially affect your rights or obligations, we may not give you any advance notice. Don‘t worry, if the Services are suspended entirely, we’ll notify you in advance as long as some extenuating circumstances (like safety, security or legal concerns) don’t keep us from doing so.

4. All Content.

When you use our Services, you will see content provided by you, other members, and Datefit. We want all users to feel safe and welcome to express themselves, so there are certain types of Content which are not permitted on the Services.

Acceptable Use Policy

We prohibit any language or material that is:

  • Infringing upon any third-party’s rights, like showing another person without that person’s consent, or impersonation;
  • Encouraging or conducting any illegal activity or purpose prohibited by these Terms;
  • Junk mail or spam;
  • Defamatory or libelous;
  • Used for the purpose of advertising, conducting, or soliciting commercial activities;
  • Offensive, obscene, inhumane, or pornographic;
  • Sexually explicit, nude, or pornographic in any public area of the Services: sexually explicit content, nudity, and pornographic material are prohibited in public profiles (including profile photos and profile text) and in public posts (including feed posts, post images, and captions). We remove such content, and the account responsible may be suspended or terminated, subject to the appeal rights described below;
  • Embarrassing, abusive, harassing, threatening, discriminatory, hateful, sexist, or racist;
  • Malware or code designed to interfere with the Services’ functions or misappropriate any data from Datefit.
  • Depicting, promoting, soliciting, facilitating, or engaging in human trafficking, sexual exploitation, sexual abuse, sexual servitude, forced labor, or any commercial sexual activity;
  • Child sexual abuse or exploitation in any form, including any child sexual abuse material (CSAM), the sexualization of a minor, or any attempt to solicit, groom, or exploit a minor;
  • Non-consensual sexual conduct, or the sharing of intimate images of any person without that person’s consent;
  • Aiding, abetting, promoting, encouraging, facilitating, or conspiring to engage in any of the foregoing, or any other abuse, exploitation, coercion, or violence against any person.

Datefit has zero tolerance for human trafficking and for the sexual exploitation or abuse of any person, and for the sexual exploitation of children in any form. You may not use the Services to engage in, aid, abet, promote, encourage, or facilitate any of the foregoing. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) as required by United States law, and we cooperate with law enforcement and preserve related information as permitted by applicable law. Any account used for any of the conduct described in this Section will be terminated immediately, and we may report the conduct and the account to the appropriate authorities. See the Law Enforcement Guidelines section of these Terms for how we respond to legal process.

If we terminate or suspend an account for a violation of these Terms or our policies, we may retain certain account data (including the email address and phone number associated with the account) for as long as reasonably necessary to enforce our policies, prevent abuse and ban evasion, and cooperate with law enforcement, in each case as permitted by applicable law and our Privacy Policy.

If we remove your content or ban or terminate your account for a violation of this Acceptable Use Policy, you may appeal that decision by emailing support@datefit.com within 30 days of the action. A member of our team reviews every appeal manually and will respond within 7 days. Each action may be appealed once. See the Appeals section of these Terms.

All content is subject to the terms and conditions of the Digital Millennium Copyright Act of 1998.

5. Content.

Your Content. Content that you submit, including from your Facebook account, will be viewed by other users and may be viewed by any person viewing or using the Services. Also, we may monitor or review your Content, and remove or delete any Content that in our sole judgment violates these Terms or might harm Datefit’s reputation.

All information you submit must be accurate and truthful. Content provided by you is entirely your responsibility, which means that you are liable for it and will indemnify, defend, release, and hold Datefit harmless from any claims made in connection with your Content. You may not:

  • Display any personal contact or banking information, whether yours or that of any other person.
  • Represent that any of your Content (including statements) is endorsed by Datefit.
  • Use, access, or publish the programming interface of the App, or compromise the security of the Services, Datefit’s users, or information.
  • Exploit or use any part of the Services without Datefit’s express authorization, including but not limited to, “framing” or “mirroring”.
  • Use or develop any third-party applications that interact with the App.
  • Employ meta tags or any other devices containing a reference to Datefit, for the purpose of directing any person to any other website for any purpose.
  • Modify, sublicense, sell, decompile and or in any way alter or disassemble any portion of the App or the Services, or cause others to do the same.
  • Disguise the origin of any information transmitted through the App.
  • Use any device, method, or process to access, index, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents.
  • Edit, copy, modify, adapt, reproduce, translate, or create derivative works from any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App or the Services.

Violations of any of these Terms is at your own risk. We may investigate and take legal action in response to any illegal or unauthorized use of the Services. We may also terminate your account without a refund of any purchases if you have violated these Terms or used the Services in any way that Datefit deems inappropriate or unlawful, including behavior that occurs off the Services but between users who met through Datefit.

By providing or uploading your Content, you represent and warrant to us that you have all rights and licenses to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your Content in any way. This means you grant us permission to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you have provided us, made available through the Services, or authorized us to access from Facebook. Our use of your Content is subject to applicable laws, and will only be used for the purpose of operating, developing, providing, and improving the Services or researching and developing new services.

We may assign or sublicense the above license without any further approval by you. Even if you feel you have not violated any terms or rules, we may remove, edit, limit, or block any of your Content at any time, and we have no obligation to display or review your Content.

Member Content. Other users of the Services will also provide content that you may see. That content is stored and displayed by us, but it is created and owned by the user who posted it. We’ll do our reasonable best to remove any content that violates these Terms, but we can’t guarantee that all content will comply with these Terms at all times. Members do not have any rights to other members’ content. Members may only use other members’ personal information to the extent that use aligns with Datefit’s purpose. If you see content on the Services that violates these Terms, please immediately contact customer support through the settings section of the App or at: Support@Datefit.com.

Datefit Content. All other content appearing on Datefit belongs to us. Any other graphics, user interfaces, logos, artwork, text, sounds, trademarks, and intellectual property appearing on the App or the Services are owned, controlled, or licensed by us and are protected by various copyright, trademark, and intellectual property laws, and such right, title, or interest remains with us at all times. In consideration for your use of the Services, you allow Datefit, our affiliates, and our third-party partners to place advertising on the Services.

6. Safety.

Safety first! You agree to use caution and exercise careful judgment in all interactions with other users, particularly if you decide to communicate off the App or meet in person.

When you submit content to Datefit, it instantly becomes visible to other users all over the world. Make sure you are comfortable with sharing your content before you post it, and we encourage you to use extreme caution in disclosing personal details about yourself to third parties you meet through the Services.

We promote a respectful user experience through our features, but if you choose to reveal any personal information about yourself to others, by email or otherwise, it’s at your own risk. Don’t provide your financial information or send money to other users. Datefit it is not responsible for the conduct of any user on or off of the Services.

You agree that we may access and disclose your account and content if required to do so by law or if we have a good faith belief that disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to any legal claims, or protect the rights, safety, or property of others.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DATEFIT DOESN’T CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE LOOK INTO THE BACKGROUND OF ITS USERS. DATEFIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. DATEFIT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

7. Purchases.

In-App Purchases.  Datefit may offer products and services for purchase (“in-app purchases”) through App Store, Google Play or other authorized application platforms (“Store”). If you make an in-app purchase, you will need to enter account details in the Store (“Store Account”), and your Store Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase (see Premium Subscription below) and the general terms for in-app purchases that apply to your Store Account. Payment(s) will be charged to your App Store or Google Play account at confirmation of purchase.  Some Software Stores may charge you sales tax, depending on where you live.  In-app purchases include, but are not limited to, one time purchases for Datefit Credits (see Virtual Items) or monthly services for Datefit Premium Subscriptions.

Premium Subscriptions. Datefit Premium Subscription fees are monthly subscriptions (e.g. one-month, three-month, six-month and/or twelve months, etc.) for upgraded account features.  Datefit credits can be applied to Datefit features and are nonrefundable.  Premium Subscriptions are charged in one lump sum (e.g. if you purchase a three-month subscription you will be charged for all three months at once on day 1 of your subscription).  If you purchase an auto-recurring periodic subscription through an in-app purchase, your Store Account will be billed continuously for the subscription until you cancel.  Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.  Your account will be charged for renewal within 24-hours prior to the end of the current period, and will renew for the same amount of time the previous subscription was charged.  If you chose a three-month subscription, at the end of the three-months you will be charged for an additional three-months until your subscription is cancelled.  After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Subscriptions may be managed or cancelled by the user and auto-renewal may be turned off anytime by going to the user’s Account Settings after purchase.   If you don’t want your subscription to renew automatically, or if you want to change or terminate your subscription, you’ll need to log in to your Store account and follow the instructions to cancel your subscription. Deleting your Datefit account or deleting the App from your device doesn’t cancel your subscription. Datefit will retain all funds charged to your Store Account until you cancel your subscription through your Store Account.   Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

Virtual Items.  From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items (“Virtual Items”), including but not limited to Wows . Datefit Credits are purchased for one time use only and do not auto-renew.  Payment(s) will be charged to your App Store or Google Play account at confirmation of purchase.  You are only allowed to purchase Virtual Items from us or our authorized partners through the Services. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. 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 these Terms, when Datefit ceases providing the Services, or your account is otherwise closed or terminated. Datefit, 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. Datefit may manage, regulate, control, modify or eliminate Virtual Items at any time. Datefit shall have no liability to you or any third party if Datefit 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 the Services. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Services is a service provided by Datefit that commences immediately upon the acceptance of your purchase of the Virtual Items. YOU ACKNOWLEDGE THAT DATEFIT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refund Policy

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

For Datefit Premium subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the seventh day following the date you subscribed. If, God forbid, you die before the end of your subscription period, your estate is entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your death. If you become disabled (and are unable to use the Services) before the end of your subscription period, you are entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your disability, by providing notice in the same manner as for requesting a refund, below.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund:  If you subscribed using your Apple ID, refunds are handled by Apple, not Datefit. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account please contact customer support through the settings section of the App with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling these Terms, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice must be sent to: Datefit, LLC, Attn: Cancellations, 131 Continental Dr, Suite 305, Newark, DE, 19713. In addition, users may also contact our customer support at: Support@Datefit.com.

8. Communications

Service and transactional messages: To run DateFit and keep your account secure, we send essential communications, such as phone/email verification codes (OTP), security notices, and important account/transaction messages. In the U.S., phone numbers are verified by SMS one-time code; international accounts verify by email. These service messages are a necessary part of using the app.

Optional promotional messages: We send promotional or marketing messages only if you explicitly opt in, and you can opt out at any time: reply STOP to any promotional text, use the unsubscribe link in any marketing email, or change your notification settings. We do not share your phone number or contact information with third parties or "brand partners" for their marketing.

Message and data rates may apply. Reply HELP for help.

9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMERS.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DATEFIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DATEFIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DATEFIT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ACTIONS OF OTHER USERS. DATEFIT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATEFIT, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (DIRECTLY OR INDIRECTLY) YOUR USE OF THE SERVICES, EVEN IF DATEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATEFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF DATEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATEFIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DATEFIT’S REASONABLE CONTROL. IN NO EVENT SHALL DATEFIT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO DATEFIT FOR USE OF THE SERVICES WHILE YOU HAVE AN ACCOUNT, OR (B) FIFTY U.S. DOLLARS ($50). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY.

You agree to indemnify, defend, and hold Datefit and its affiliates, and their officers, directors, shareholders, employees, licensors, agents or service providers harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Datefit’s use of your User content; or (iv) your violation of the rights of any third party, including Third Party Providers.

10. DISPUTE RESOLUTION.

ARBITRATION.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Datefit, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DATEFIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Datefit otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.

Unless you and Datefit otherwise agree, the arbitration will be conducted in

Newark, Delaware, U.S.A. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Datefit submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Datefit will not seek, and hereby waives all rights Datefit may have under applicable law to recover, attorneys’ fees and expenses if Datefit prevail in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes.

Notwithstanding the provisions of the modification-related provisions above, if Datefit changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Datefit written notice of such rejection by mail or hand delivery to: Datefit, LLC, Attn: Legal/Dispute Resolutions, 131 Continental Dr, Suite 305, Newark, DE, 19713, or by email from the email address associated with your Account to: Legal@Datefit.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Datefit in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

11. Other Provisions.

CHOICE OF LAW; VENUE.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles. All claims arising out of or relating to these Terms or the Services not covered by arbitration will be litigated exclusively in the federal or state courts of New Castle County, Delaware, U.S.A., and you and Datefit consent to personal jurisdiction in those courts.

Copyright infringement claims.

Notice of claims of copyright infringement should be reported to: Datefit, LLC, Attn: Legal/Copyright Notice, 131 Continental Dr, Suite 305, Newark, DE, 19713, or by email to: Legal@Datefit.com.

Datefit will terminate the accounts of repeat infringers.

Notices.

Datefit may give notice by means of a general notice on the Services, electronic mail to the email address on your Account, or by written communication sent by first class mail or pre-paid post to the address on your Account. Notice will be deemed to have been given 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after emailing. You may give notice to Datefit, with such notice deemed given when received by Datefit, at any time by first class mail or pre-paid post to Datefit, LLC, Attn: Legal/User Notices, 131 Continental Dr, Suite 305, Newark, DE, 19713.

Third Party Services.

The Services may contain advertisements and promotions offered by third parties and links to other web sites or resources. Datefit is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. Datefit is not responsible or liable for such third parties’ terms or actions.

Miscellaneous.

These Terms, together with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Services, contains the entire agreement between you and Datefit regarding use of the Services. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. The failure of Datefit to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. You agree that your Datefit account is non-transferable and all of your rights to your account and its content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of these Terms and you may not make any representations or bind Datefit in any manner. You may not assign these Terms without Datefit’s prior written approval. Datefit may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Datefit’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

Law Enforcement Guidelines

These guidelines explain how DateFit, operated by Datefit, LLC, accepts and responds to requests from law enforcement and government officials. They are informational only, are intended for law enforcement and other government officials, and do not create any rights, waive any objections, or expand any obligation beyond what applicable law requires.

Datefit, LLC operates the DateFit apps and website (the "Services"). We are committed to the safety of our members and to working with law enforcement as appropriate. This section is for authorized law enforcement and government officials; we do not respond to requests for member data from anyone else through this channel. If you are a member who needs help, please contact support inside the app or at the addresses on our Contact page.

Valid legal process and law enforcement requests may be sent to us by email or mail:

  • Email: Legal@Datefit.com
  • Mail: Datefit, LLC, Attn: Legal / Law Enforcement Response, 131 Continental Dr, Suite 305, Newark, DE 19713, U.S.A.

To help us locate the correct account and respond, please include the specific identifier(s) associated with the account (for example, the phone number or email address used to register, or the DateFit user ID), the exact data sought, and the legal authority for the request. Please make requests as specific and narrow as possible, and identify yourself, your agency, and an official return contact.

We disclose account records only as permitted or required by law, and generally require valid legal process appropriate to the data sought, such as:

  • A subpoena, court order, or similar investigative demand;
  • A court order for records beyond basic subscriber information;
  • A search warrant issued on a showing of probable cause for content, where such content exists and is available.

We reserve the right to review each request for legal sufficiency and to object to requests that are overbroad, vague, or otherwise legally deficient. We may not have all of the information a request seeks; we can only produce records that exist and that we retain.

Emergency requests

In an emergency involving an imminent risk of death or serious physical harm to any person, we may voluntarily disclose information to law enforcement when we believe in good faith that doing so is necessary to prevent that harm, consistent with applicable law. To submit an emergency request, email Legal@Datefit.com with "EMERGENCY" in the subject line and describe the nature of the emergency, the specific harm you are trying to prevent, why the information is needed to prevent it, and how it will help.

Preservation requests

Upon a valid preservation request from law enforcement, we will take reasonable steps to preserve available account records that exist at the time of the request for a limited period while you seek the appropriate legal process, as required by applicable law. A preservation request does not require us to disclose any records; disclosure still requires valid legal process as described above.

What we may disclose

The information available depends on the account and what we retain. Consistent with our Privacy Policy, we may disclose account information in response to a subpoena or similar investigative demand, a court order, a search warrant, or a request for cooperation from a law enforcement or other government agency, and where we believe in good faith that disclosure is appropriate to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing, to protect the rights, property, or safety of our company, our members, or others, or as otherwise required by law.

Child safety

DateFit has zero tolerance for the sexual exploitation or abuse of children. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) as required by United States law and cooperate with law enforcement on child-safety matters. See the prohibited-conduct rules and the Acceptable Use Policy section of these Terms.

Notice to members

Our policy is to notify members of requests for their information before disclosure so they may seek to protect their rights, unless we are legally prohibited from doing so (for example, by a court order or a nondisclosure provision), or where we believe in good faith that notice would be counterproductive or would create a risk of harm.

Nothing in this section is a waiver of any objection or right otherwise available to us or to our members, and nothing here should be construed to expand or limit the legal obligations of Datefit, LLC. These guidelines may be updated at any time. Questions about legal process may be directed to Legal@Datefit.com.