TWINBY TERMS OF USE

These Terms of Use (the “Terms” or this “Agreement”) form a legally binding agreement between you and the applicable Twinby entity, determined by your country of residence:

If you reside in the United States, these Terms are an agreement between you and:

Twinby Inc.

228 Park Ave S, STE 85451

New York, NY 10003

United States

(“Twinby Inc.”)

If you reside outside the United States, these Terms are an agreement between you and:

Twinby Global Limited

Unit 1603, 16th Floor, The L. Plaza,

367 - 375 Queen's Road Central, Sheung Wan,

Hong Kong

(“Twinby Global Limited”)

Twinby Inc. and Twinby Global Limited are collectively referred to as “Twinby”, “we”, “us” or “our”.

For purposes of these Terms, “you”, “your” or the “User” mean the individual who accesses or uses the Services and enters into this Agreement with Twinby.

By creating an account, accessing or using the Twinby mobile application, website (including twinby.com) or any related features (collectively, the “Services”), you acknowledge that you have read and understood these Terms and agree to be bound by them and by the policies incorporated into them. If you do not agree to these Terms, you must not use the Services.

1. DEFINITIONS

For purposes of these Terms, the following definitions apply:

1.1. “Account” means a personal, individual user account created to access and use the Services. Each User may maintain only one active Account at any time.

1.2. “App” means the Twinby mobile application made available by Twinby through the Apple App Store, Google Play, or any other authorized distribution platform.

1.3. “User Content” means any content, data or materials that a User uploads, posts, sends, shares, displays or otherwise makes available through the Services, including:

(a) profile information (such as photos, videos, age, preferences, prompts and interests);

(b) text, audio, video, emojis, reactions and other interactive elements;

(c) messages and communications exchanged with other Users.

1.4. “Twinby Content” means any content made available by or on behalf of Twinby through the Services, excluding User Content. Twinby Content includes, without limitation, the App, software, code, algorithms, designs, text, graphics, features, trademarks, logos, domain names and all other proprietary materials.

1.5. “Community Guidelines” means the rules, standards and behavioral requirements issued by Twinby from time to time, governing acceptable and unacceptable conduct and content on the Services. The Community Guidelines are incorporated into these Terms and may be updated periodically.

1.6. “Privacy Policy” means our privacy policy describing how Twinby collects, uses, shares and retains personal data in connection with the Services. The Privacy Policy forms part of these Terms.

1.7. “High-Risk Categories” means categories of content, conduct or Users that Twinby identifies as particularly harmful or sensitive, including, without limitation:

(a) minors and child sexual abuse material;

(b) human trafficking, sexual exploitation and coerced sexual activity;

(c) escort and prostitution-related activity and compensated sexual interactions;

(d) serious threats or incitement to violence;

(e) self-harm, suicide and content directly encouraging such actions;

(f) romance and financial scams, fraud, extortion and similar deceptive schemes;

(g) serious harassment or hate targeting protected characteristics.

1.8. “App Store Provider” means the digital distribution platform from which you downloaded or access the App, including Apple Inc. (Apple App Store) and Google LLC (Google Play), as well as any successor platforms authorized by Twinby.

2. SCOPE OF AGREEMENT; RELATED DOCUMENTS

2.1. Services.

Twinby provides a dating and social interaction platform designed to help adults discover and connect with other adults for dating and social purposes. The Services may include, without limitation, tools and features that allow you to:

(a) create and maintain a profile;

(b) be shown to, and view, other Users’ profiles;

(c) use matching, discovery and recommendation features;

(d) send, receive and manage messages and other communications;

(e) access free and paid features, subscriptions or virtual items.

The Services are not a marriage brokerage, escort, prostitution or companion agency, and we do not guarantee that you will achieve any particular outcome (including matches, dates, relationships or any type of interaction) through the Services.

2.2. Contracting Entity.

Your contract under these Terms is with the Twinby entity identified in the preamble of these Terms based on your country of residence at the time you accept these Terms. If your country of residence changes, we may update the applicable contracting entity prospectively, in which case the new entity will be indicated to you within the Services or by notice.

2.3. Incorporated Policies and Notices.

The following documents, as amended from time to time, form part of these Terms and are incorporated by reference:

• Privacy Policy, describing how we collect, use, share and retain personal data;
• Cookie Policy;
• Consumer Health Data Privacy Policy (where applicable);
• Community Guidelines;
• Safety / Safe Dating Tips;
• Notice on Criminal Background Checks and Identity Verification;
• State-Specific Safety and Privacy Notices (including, without limitation, any Colorado Safety Policy information);
• Accessibility Statement;
• Your Privacy Choices / Do Not Sell or Share mechanisms (where available).

By using the Services, you acknowledge that you have had an opportunity to review these documents. Failure to comply with them constitutes a breach of these Terms.

2.4. Additional Terms.

Certain features, products, campaigns, promotions or events offered through the Services may be subject to additional terms, rules or conditions (“Additional Terms”). Additional Terms will be presented to you at the time you access or participate in the relevant feature, product, campaign, promotion or event. If there is any conflict between these Terms and any applicable Additional Terms, the Additional Terms will govern solely with respect to the specific feature, product, campaign, promotion or event to which they relate.

2.5. Changes to Terms and Services.

(a) We may modify these Terms, the incorporated policies and/or the Services from time to time as permitted by applicable law, for example to reflect:

(i) changes in the Services or our business;

(ii) changes in legal, regulatory or security requirements; or

(iii) improvements to User experience or safety.

(b) When we make material changes to these Terms, we will provide notice by updating the “Last updated” date and by other reasonable means, which may include in-App notifications, email or notices on our website.

(c) Unless otherwise stated in the notice or required by law, updated Terms will take effect on the date indicated in the notice. Your continued access to or use of the Services after the updated Terms become effective constitutes your acceptance of them.

(d) If you do not agree to the updated Terms, you must stop using the Services and delete your Account.

3. ELIGIBILITY; ACCOUNT CREATION; ACCOUNT SECURITY

3.1. Eligibility Requirements.

By accessing or using the Services, you represent and warrant that:

(a) you are at least eighteen (18) years old;

(b) you have full legal capacity and authority to enter into a binding contract with Twinby;

(c) you are not located in, and are not a resident of, any jurisdiction subject to comprehensive U.S. sanctions and you are not listed on any U.S. government restricted party list;

(d) you are not prohibited by any applicable law from using the Services;

(e) you have not been convicted of a felony, a sexual offense, or a crime involving violence or threats of violence;

(f) you are not required to register as a sex offender on any state, federal or local sex offender registry;

(g) you do not have more than one active Account at any time; and

(h) you have not been previously banned, suspended or removed from any Twinby service unless we have explicitly permitted you in writing to create a new Account.

If at any time any of the above representations becomes untrue, you must immediately stop using the Services and delete your Account. We may rely on your representations and may take enforcement actions (including suspension or termination) if they are false or misleading.

3.2. Account Creation.

To use key features of the Services, you must create an Account. When creating and maintaining your Account, you agree to:

(a) provide accurate, truthful and current information (including, where requested, your email address, phone number, date of birth and profile details);

(b) promptly update such information as necessary to keep it accurate and current;

(c) not create an Account on behalf of any other person; and

(d) not impersonate any other person or entity.

We may require you to complete verification steps at sign-up or at any later time (for example, SMS or email verification, selfie or ID verification, or other checks) in order to reduce fraud, abuse and High-Risk Categories.

3.3. Account Credentials and Security.

You are responsible for maintaining the confidentiality and security of your login credentials and the device you use to access the Services. You agree to:

(a) not share, sell or otherwise disclose your password, one-time codes or other authentication factors to anyone;

(b) use strong, unique passwords and enable appropriate device-level security measures (such as PIN, password, fingerprint or facial recognition); and

(c) notify us without undue delay at if you know or suspect that your Account or credentials have been accessed or used without your authorization.

To the extent permitted by law, we are not responsible for any loss or damage arising from unauthorized use of your Account where we have implemented reasonable security measures and you have failed to comply with this Section 3.3.

3.4. Multiple Accounts and Device Identification.

We may use technical and analytical measures (including IP addresses, device identifiers and other signals) to detect multiple Accounts and suspicious sign-ups or activity. We may refuse, restrict, suspend or terminate Accounts that:

(a) violate our one-Account-per-user policy;

(b) appear to be created or used for fraudulent, abusive or High-Risk Categories; or

(c) are linked to other Accounts that have been banned, suspended or otherwise restricted.

3.5. Account Deletion by You.

You may delete your Account at any time through the in-app settings or by contacting our support team. After you delete your Account:

(a) your profile will generally no longer be visible to other Users in the Services;

(b) certain data may be retained for limited periods for safety, fraud prevention, dispute resolution and legal compliance purposes, as described in our Privacy Policy and internal retention policies; and

(c) deleting your Account does not automatically cancel any subscriptions or recurring payments managed through App Store Providers; you must cancel those subscriptions directly in your Apple App Store, Google Play or other relevant App Store Provider account, as further described in Section 8.

4. DESCRIPTION AND USE OF THE SERVICES

4.1. Purpose and Nature of the Services.

The Services are designed to help adults discover and connect with other adults for dating and social interaction. Through the Services, you may, among other things:

(a) create, edit and delete a personal profile;

(b) be shown to, and view, profiles of other Users;

(c) use discovery, search, matching and recommendation features;

(d) send, receive and manage messages and other communications with other Users;

(e) purchase and use free and paid features, subscriptions or virtual items that may influence your visibility, interactions or experience in the Services.

The Services are not a marriage, matchmaking, escort, companionship, employment or agency service, and we do not guarantee that you will obtain any particular number or type of matches, dates, relationships, conversations or other outcomes.

4.2. Personal, Non-Commercial Use Only.

The Services are provided solely for your personal, non-commercial use. You agree that you will not:

(a) use the Services primarily to advertise or promote any business, product, service, platform or event;

(b) use the Services to offer or request paid sexual services, escort services, compensated dating, “sugar dating” or similar arrangements;

(c) use the Services for market research, data harvesting, competitive intelligence, scraping or building profiles outside the Services;

(d) use your Account on behalf of any other person or entity.

If you wish to use the Services for any commercial or business purpose (for example, advertising or partnerships), you must enter into a separate written agreement with Twinby.

4.3. License to Use the Services.

Subject to your continuous compliance with these Terms and applicable law, Twinby grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to:

(a) download, install and run one copy of the App on a mobile device that you own or control; and

(b) access and use the Services solely for lawful, personal and non-commercial purposes.

This license does not transfer to you any ownership rights in the App, the Services or Twinby Content. Twinby and its licensors retain all rights, title and interest in and to the Services and Twinby Content, including all associated intellectual property rights.

4.4. Restrictions on Use.

Except as expressly permitted in these Terms or by applicable law that cannot be contractually limited, you agree not to:

(a) copy, reproduce, modify, adapt, translate, create derivative works from, publicly display, publicly perform or otherwise exploit the Services or Twinby Content, except for normal use through your Account;

(b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas or algorithms of any part of the Services (except to the limited extent that applicable law expressly permits such activities notwithstanding this limitation);

(c) sell, rent, lease, lend, sublicense, distribute or otherwise transfer the App, your Account, or any license or right granted under these Terms;

(d) remove, obscure or alter any copyright, trademark or other proprietary notices appearing on or within the Services;

(e) access or use the Services through any interface other than the official App and websites provided by Twinby;

(f) use any robot, spider, scraper, crawler, automated tool, or other unauthorized means to access, collect data from, or interact with the Services;

(g) interfere with, disrupt or negatively affect the normal operation of the Services or the experience of other Users, including by overloading, attacking or circumventing any security or access-control measures.

4.5. Updates, Changes and Availability.

(a) We may, from time to time, develop and deploy updates, upgrades, bug fixes, patches and other modifications to the App and Services (“Updates”). Updates may be installed automatically or may require you to manually install them. Some features or parts of the Services may not function properly if you do not install Updates.

(b) We may add, change or remove features, functionalities, virtual items, subscription tiers or other elements of the Services at any time for reasons including, but not limited to, product improvements, legal and regulatory requirements, safety concerns or business decisions.

(c) We do not guarantee that the Services, or any specific feature, will be available at all times or in all locations. The Services may be temporarily suspended or limited, for example, due to maintenance, technical issues, changes in law, or actions by third-party providers (such as App Store Providers, hosting providers or payment processors).

4.6. Beta Features, Tests and Experiments.

From time to time, we may make available experimental, trial or beta features or programs (“Beta Features”) to some or all Users. You understand and agree that:

(a) Beta Features may be offered for a limited time, to a limited group of Users and may be modified or discontinued at any time;

(b) Beta Features may have different or additional rules, limitations or conditions, which we may communicate to you within the Services;

(c) Beta Features may be less stable than other parts of the Services and may contain bugs, errors or incomplete functionality;

(d) we make no commitments that any Beta Feature will become part of the public or permanent offering of the Services.

Your use of Beta Features is voluntary and subject to these Terms and any additional terms we may provide.

4.7. No Guarantee of Matches or Outcomes.

You acknowledge and agree that Twinby does not:

(a) guarantee that you will be matched with or contacted by any particular User;

(b) guarantee that any communication or interaction will lead to a date, relationship or any particular outcome;

(c) control how often or in what order your profile is shown to other Users or other Users’ profiles are shown to you; or

(d) guarantee that any particular User continues to use the Services or remains available to interact with you.

Any recommendations, matches or visibility of your profile are provided on an “as is” basis and may depend on various factors, including your settings, activity, preferences you provide, and system algorithms.

5. USER CONDUCT AND PROHIBITED USES

5.1. General Conduct Obligations.

When you use the Services, you agree that you will:

(a) use the Services only in accordance with these Terms, the Community Guidelines and all applicable laws and regulations;

(b) treat other Users with respect, even if you choose not to continue communicating or interacting with them;

(c) respect personal boundaries and consent in all interactions, including when sending messages, photos, videos or invitations to meet;

(d) not interfere with, disrupt, negatively affect or otherwise harm the operation, integrity or security of the Services or the experience of other Users; and

(e) comply with any reasonable instructions, rules or technical requirements that we communicate within the Services in order to maintain safety and proper functioning.

Failure to comply with these obligations may result in actions under Section 11 (Suspension and Termination by Twinby), including suspension or termination of your Account and removal of User Content.

5.2. Prohibited Content and Behavior.

You must not post, upload, share, send, display, promote, solicit, organize or otherwise engage in any of the following conduct or content (non-exhaustive list, aligned with the Community Guidelines and High-Risk Categories):

(a) Harassment and Abuse

• Repeated unwanted messages, calls or contact after someone has indicated they are not interested or has asked you to stop.
• Insults, slurs, degrading or humiliating remarks directed at an individual or group.
• Stalking, intimidation, threats or any behavior intended to frighten, pressure or control another person.

(b) Hate Speech and Discrimination

• Attacks, slurs or dehumanizing language targeting individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, serious disease or any other protected characteristic.
• Content, symbols or slogans that promote, support or glorify hate groups, extremist ideologies or organizations.
• Advocacy of segregation, exclusion or violence against people based on protected characteristics.

(c) Violence and Threats

• Direct or indirect threats of physical, sexual or other serious harm against any person or group.
• Promotion, praise or glorification of violence, assault, terrorism or other acts intended to cause serious harm.
• Content that depicts or describes extreme violence with the intention to shock, threaten or encourage similar conduct.

(d) Sexual Content and Non-Consensual Activities

• Any sexual content involving minors or anyone who appears to be under 18, including suggestive or fetishized depictions.
• Unsolicited explicit images, videos or sexual messages (“nudes”, sexually explicit content) sent without clear, prior consent.
• Coercion, pressure, manipulation or blackmail to obtain explicit images, sexual favors or sexual activity.
• Promotion, encouragement or depiction of sexual violence, non-consensual acts, intoxication for the purpose of sex, or any other form of sexual exploitation.

(e) Escort Services, Prostitution and Exploitation

• Offering, requesting or arranging sexual services in exchange for money, gifts, benefits, accommodation, “sponsorship” or any other consideration.
• Advertising or promoting escort services, brothels, commercial sex venues or similar activities.
• “Sugar dating” or similar arrangements where the primary purpose is commercial or transactional sexual interaction.
• Facilitating, promoting or benefiting from human trafficking, sexual exploitation or forced sexual activity.

(f) Scams, Fraud and Financial Requests

• Romance scams or relationship fraud (for example, fabricated emergencies, illnesses or travel problems created to obtain money or valuables).
• Investment, crypto or financial scams, including “guaranteed returns”, “get rich quick” schemes, multi-level marketing, Ponzi or pyramid schemes.
• Requests for money, gift cards, cryptocurrencies, bank details, card data, security codes or wallet seeds under false or misleading pretenses.
• Phishing links, fake login pages, impersonation of support or Twinby staff, or any attempt to obtain passwords or sensitive information.

(g) Self-Harm, Suicide and Dangerous Acts

• Content that explicitly encourages, instructs or praises self-harm, suicide or eating disorders.
• Challenges, dares or instructions that may reasonably cause serious physical injury or psychological harm.
• Graphic depictions or detailed methods of self-harm intended to instruct or encourage others.
• (Note: expression of personal distress or mental health struggles is not prohibited, but may be handled under our safety procedures and may lead to outreach or resource information where available.)

(h) Illegal Activities and Dangerous Goods

• Promotion, sale, purchase or distribution of illegal drugs, controlled substances or prescription medications without a valid prescription where required by law.
• Offers, advertisements or instructions to purchase, sell or distribute weapons, explosives or other regulated dangerous goods in violation of applicable law.
• Instructions to commit crimes, evade law enforcement, launder money, commit fraud or otherwise facilitate unlawful conduct.

(i) Privacy Violations

• Sharing another person’s personal data (such as full name, address, phone number, workplace, social media handles, financial information or other identifying details) without their consent, especially with harmful intent.
• Doxing or threats to reveal private or identifying information about another person.
• Sharing intimate or sexually explicit images or videos of another person without their clear, informed consent (including so-called “revenge porn”).

(j) Intellectual Property Infringement

• Uploading, posting or sharing content that you do not own or do not have the necessary rights to use and license as described in these Terms.
• Unauthorized use of copyrighted works, trademarks, trade secrets, proprietary software, designs, images, music, videos or other intellectual property of Twinby or any third party.
• Removal or alteration of copyright, trademark or other proprietary notices on any content.

(k) Spam, Bots and Platform Abuse

• Mass messaging, bulk invitations, chain messages or any other form of unsolicited advertising or promotion.
• Creation or use of bots, scripts, automation or fake profiles to send messages, scrape data, manipulate matches, or artificially increase activity or visibility.
• Attempts to manipulate ranking, recommendations or visibility algorithms (for example, by coordinated fake accounts or engagement).

(l) Technical Misuse and Security Violations

• Reverse engineering, decompiling, disassembling or attempting to access the source code or underlying data structures of the Services, except as expressly permitted by law.
• Interfering with or disrupting any servers, networks or infrastructure used to provide the Services, including by overloading, attacking or attempting to bypass technical protections.
• Bypassing, disabling or circumventing any security, authentication or access control mechanisms (including account verification, blocking, reporting or rate limits).
• Attempting to access another User’s Account or data without authorization, including through guessing passwords, credential stuffing or similar techniques.

Twinby may further explain or update the categories above in the Community Guidelines from time to time. The fact that a particular behavior or content is not explicitly listed in this Section 5.2 does not prevent us from treating it as a violation if it is contrary to these Terms, the Community Guidelines, or applicable law.

6. USER CONTENT

6.1. Responsibility for User Content.

6.1.1. You are solely responsible for your User Content and for your interactions with other Users, whether online or offline.

6.1.2. Twinby does not generally review all User Content before it is made available in the Services and does not guarantee that other Users’ content will comply with these Terms.

6.1.3. You acknowledge that:

(a) your User Content may be visible to other Users (and, depending on your settings and features, to a broader audience within the Services);

(b) other Users may be able to save, screenshot or otherwise copy your User Content, and Twinby cannot control what they do with such copies;

(c) you should not share through the Services any information or content that you would not want to be public or further shared.

6.1.4. We reserve the right, but have no obligation, to review, filter, moderate, refuse, remove or restrict access to any User Content at our discretion where we reasonably believe it:

(a) violates these Terms, the Community Guidelines or applicable law;

(b) falls within or is related to High-Risk Categories;

(c) may pose a safety, security, fraud, privacy or reputational risk to any person or to Twinby; or

(d) is the subject of a complaint, report or legal notice.

6.2. Representations and Warranties About User Content.

By uploading, posting, sending, displaying or otherwise making User Content available through the Services, you represent and warrant that:

(a) you own the User Content (for example, your own photos or text), or you have obtained all necessary rights, licenses, consents and permissions to use the User Content and to grant the licenses described in this Section 6;

(b) your User Content does not infringe, misappropriate or violate any rights of any third party, including intellectual property rights, privacy rights, rights of publicity or other proprietary rights;

(c) your User Content complies with these Terms, the Community Guidelines and all applicable laws and regulations;

(d) any person who appears in your User Content (for example, in photos or videos) is at least 18 years old and has given you valid consent for the use of their image and likeness in the Services; and

(e) your User Content does not contain any content from High-Risk Categories or any other content prohibited under Section 5.

6.3. Ownership; License to Twinby.

6.3.1. As between you and Twinby, you retain any ownership rights you may have in your User Content, subject to the licenses you grant in these Terms. Twinby does not claim ownership of your User Content solely by reason of your submission of such content to the Services.

6.3.2. By providing User Content through the Services, you grant Twinby a worldwide, non-exclusive, royalty-free, irrevocable (to the extent permitted by law), sublicensable and transferable license to:

(a) host, store, cache, index, use, reproduce, modify, adapt, translate, create derivative works from, publish, display, perform and distribute your User Content in connection with operating, providing, maintaining, securing and improving the Services;

(b) analyze, process and use your User Content (including your profile information, username, photos and prompts) for internal purposes such as product development, safety tools, fraud prevention, abuse detection, testing, research and analytics;

(c) use your User Content for marketing and promotional purposes relating to the Services (for example, in anonymized or aggregated screenshots, examples or previews in app stores, on our website or within the App), always in accordance with applicable law and our Privacy Policy.

6.3.3. This license lasts for as long as your User Content is available within the Services and, to a limited extent, for backup, safety, dispute resolution, legal and archival purposes after you remove the User Content or close your Account, consistent with our retention practices and applicable law.

6.3.4. You agree that Twinby may apply formatting, compression, technical processing, overlays, watermarks, labels, warnings or other modifications to your User Content as reasonably necessary to provide the Services, enforce our policies, improve safety or comply with legal obligations.

6.4. License Between Users.

6.4.1. You grant other Users of the Services a limited, revocable license to access and view your User Content through the Services solely for their personal, non-commercial use in connection with legitimate use of Twinby.

6.4.2. This license does not allow other Users to:

(a) use your User Content outside the Services for commercial purposes;

(b) create derivative works from your User Content for distribution outside the Services; or

(c) remove or alter any markings or notices that Twinby may apply to your User Content.

6.4.3. Nothing in this Section prevents other Users from making copies (for example, screenshots) or using your User Content outside the Services in ways that are not controlled by Twinby. Such conduct may violate these Terms or the law, but it may still occur.

6.5. Removal, Editing and Retention of User Content.

6.5.1. You may edit or delete certain User Content through the tools provided in the Services. The availability of editing or deletion options may depend on the type of content and features you use.

6.5.2. When you delete or remove User Content:

(a) it will generally no longer be visible to other Users in the ordinary operation of the Services;

(b) copies may remain in our systems for a limited period in backups, logs or archives;

(c) copies may remain in the possession of other Users or third parties who have previously accessed, saved or copied the User Content (for example, by screenshot or download), and Twinby is not responsible for such copies;

(d) we may retain and use specific items of User Content where reasonably necessary for safety, fraud prevention, enforcement of these Terms, dispute resolution or compliance with legal obligations, consistent with our Privacy Policy and retention practices.

6.5.3. Without limiting our other rights, we may remove, restrict or disable access to any User Content at any time, with or without notice, if we reasonably believe that the User Content:

(a) violates these Terms, the Community Guidelines or applicable law;

(b) relates to or falls within High-Risk Categories;

(c) has been reported by other Users or third parties as harmful, infringing or otherwise problematic; or

(d) is subject to a legal request, court order, government inquiry or take-down notice (including copyright notices under the Digital Millennium Copyright Act or similar laws).

6.6. No Obligation to Store or Back Up.

Twinby does not guarantee that any User Content will be stored, maintained or backed up for any particular period of time. You are responsible for keeping your own copies of any User Content that you wish to preserve. To the extent permitted by law, we are not liable for loss, deletion or corruption of User Content.

7. SAFETY; INTERACTIONS WITH OTHER USERS; NO BACKGROUND CHECKS

7.1. Your Responsibility for Safety.

7.1.1. Twinby cannot control and does not control how Users behave on or off the Services. You understand and agree that you are solely responsible for your own safety and for the decisions you make when you interact with other Users, whether online or offline.

7.1.2. By using the Services, you acknowledge that interacting with people you do not know carries inherent risks, and that Twinby does not and cannot eliminate those risks. These Terms and the Services do not create any special relationship or duty for Twinby to protect you from the acts or omissions of other Users.

7.1.3. You agree to:

(a) carefully review and follow our Safety / Safe Dating Tips made available via the Services;

(b) be cautious about the information you share in your profile or in messages (for example, avoid sharing your home address, financial details, identity documents or work location with people you have just met);

(c) be particularly careful when arranging in-person meetings with other Users, including:

(i) meet in public, well-lit places;

(ii) tell a friend or trusted person where you are going, who you are meeting and when you expect to return;

(iii) arrange your own transportation and avoid situations where another person controls how you arrive or leave;

(iv) limit or avoid the use of alcohol or drugs that may impair your judgment or ability to make decisions;

(d) immediately leave any situation, online or offline, where you feel unsafe, pressured, threatened or uncomfortable;

(e) never send money, gift cards, cryptocurrency, prepaid cards or other financial value to someone you have met through the Services, and never share passwords, security codes, wallet seeds, bank details or other sensitive financial information;

(f) use the reporting and blocking tools in the Services if another User behaves inappropriately, harasses you, asks for money or otherwise appears to violate these Terms or the law.

7.1.4. If you believe you are in immediate danger or that a crime has been or may be committed, you should contact local law enforcement or emergency services first, before or in addition to reporting the issue to Twinby.

7.2. No Comprehensive Background Checks.

7.2.1. Except where required by applicable law or explicitly described in the Notice on Criminal Background Checks and Identity Verification, Twinby:

(a) does not conduct comprehensive criminal background checks on Users;

(b) does not routinely verify the identity, criminal history, sexual offender status or other background information of Users;

(c) does not guarantee that any User has no criminal record, is not a sex offender or is otherwise safe to interact with.

7.2.2. Any identity verification, badges, checks or similar indicators that we may provide from time to time are limited in scope, are subject to the availability and reliability of third-party data, and may not be accurate, complete or up to date. They are intended only as one of several safety signals and do not replace your own due diligence, judgment and precautions.

7.2.3. You agree not to rely solely on the fact that a User has a verified badge, has passed any check described in the Services, or has used the Services for a long time as a guarantee of their behavior, intentions or safety.

7.2.4. Twinby reserves the right, but has no obligation (unless required by law), to:

(a) conduct limited checks or screenings on certain Users or categories of Users;

(b) use public records, reports or other information to assess risks; or

(c) deny, suspend or terminate Accounts based in whole or in part on such checks or information.

7.3. Reporting and Blocking.

7.3.1. The Services include tools that allow you to report User profiles, messages, content and behavior that you believe may violate these Terms, the Community Guidelines or the law. We encourage you to use these tools, especially in connection with High-Risk Categories or any situation where you feel unsafe, harassed or threatened.

7.3.2. You may also block other Users so that they cannot contact you through the Services or see certain aspects of your profile. Blocking does not necessarily prevent a User from seeing your profile in all contexts (for example, if they are in the same area or if technical limitations apply), but it is intended to limit direct contact.

7.3.3. When you submit a report, you agree that:

(a) your report should be truthful and made in good faith;

(b) Twinby may review your report, User Content and related information to assess the situation;

(c) Twinby may, where appropriate, take actions such as removing content, issuing warnings, limiting features, suspending or terminating Accounts, or reporting information to law enforcement or other authorities, particularly in cases involving High-Risk Categories;

(d) Twinby may not be able to inform you of the specific actions taken in response to your report, due to privacy, legal or safety considerations.

7.3.4. While Twinby may review reports and take action at its discretion, nothing in these Terms obligates Twinby to:

(a) respond to or act on every report;

(b) resolve disputes between Users; or

(c) prevent a User from engaging in conduct that may be harmful, unlawful or contrary to these Terms.

To the extent permitted by law, Twinby is not responsible for the behavior, actions or omissions of Users, whether or not a report has been made.

7.4. Third-Party Safety Resources.

7.4.1. The Services may provide links, references or contact details for third-party safety resources, such as hotlines, support organizations, counseling services or informational websites. These resources are operated by third parties and are not controlled by Twinby.

7.4.2. Twinby does not endorse, warrant or guarantee the services, information or availability of any third-party safety resource. Any interaction with such resources is solely between you and the third party.

7.4.3. Twinby is not responsible for any acts or omissions of third-party safety resources, nor for any decisions you make based on their information or advice.

8. PAID SERVICES, SUBSCRIPTIONS AND VIRTUAL ITEMS

8.1. In-App Purchases and Payment Methods.

8.1.1. Twinby may offer paid features, subscriptions, bundles or virtual items (for example, premium plans, boosts, extra likes, visibility enhancements or similar features) that you can purchase within the App or through other parts of the Services (“Paid Services”).

8.1.2. When you purchase Paid Services via the App, the transaction is generally processed by the relevant App Store Provider (such as Apple App Store or Google Play) and is subject to that provider’s terms and conditions and payment rules. Twinby does not control and is not responsible for the App Store Provider’s billing, currencies, exchange rates, fees or refund practices.

8.1.3. You must provide a valid payment method (for example, a card, App Store balance or other accepted method) and authorize the applicable App Store Provider or Twinby (where applicable) to charge all amounts associated with your purchase, including any taxes or fees, in accordance with the disclosed prices at the time of purchase.

8.1.4. By confirming a purchase, you:

(a) acknowledge that you may gain immediate access to the Paid Services and, where permitted by law, lose any statutory right of withdrawal once delivery begins; and

(b) authorize the App Store Provider or Twinby (as applicable) to charge the chosen payment method for the relevant amount.

8.2. Virtual Items.

8.2.1. Certain Paid Services may consist of virtual items, credits or features that exist only within the Services (for example, boosts, super likes, profile highlights or similar virtual benefits) (“Virtual Items”).

8.2.2. You acknowledge and agree that:

(a) Virtual Items have no cash or monetary value and cannot be redeemed for real money, currency or any item of monetary value, except where required by law;

(b) Virtual Items are personal to your Account and are non-transferable, except where we expressly permit transfers within the Services (and even then only in accordance with any applicable rules);

(c) you do not own Virtual Items; instead, you receive a limited, revocable license to use them within the Services in accordance with these Terms;

(d) Twinby may change, limit, modify, suspend or discontinue Virtual Items or how they operate at any time, for example, in connection with product changes, abuse prevention, technical or legal reasons.

8.2.3. Unless required by applicable law or expressly stated otherwise at the time of purchase:

(a) purchases of Virtual Items are final and non-refundable;

(b) if your Account is suspended or terminated in accordance with these Terms, you may lose some or all Virtual Items associated with your Account, without any right to compensation.

8.3. Auto-Renewing Subscriptions.

8.3.1. Some Paid Services may be offered as automatically renewing subscriptions (for example, monthly or weekly premium plans) (“Subscriptions”). The specific terms (price, duration, included features) will be disclosed to you at the time of purchase.

8.3.2. If you purchase a Subscription:

(a) it will continue for the initial subscription period disclosed to you (for example, 1 week, 1 month, 3 months);

(b) at the end of each subscription period, it will automatically renew for the same period at the then-current renewal price, unless you cancel it in accordance with this Section 8.3;

(c) you authorize recurring charges to your payment method for each renewal period, in accordance with the applicable App Store Provider or Twinby billing rules.

8.3.3. You can manage or cancel your Subscription at any time through your App Store Provider account settings (for example, in Apple ID settings or Google Play Subscriptions). Uninstalling the App or deleting your Account does not automatically cancel your Subscription. If you want to stop future charges, you must cancel the Subscription through the App Store Provider before the renewal date.

8.3.4. If you cancel a Subscription, you will typically continue to have access to the subscribed features until the end of the then-current billing period, and the Subscription will not renew after that period, unless otherwise stated by the App Store Provider or required by law.

8.4. Pricing, Taxes and Changes.

8.4.1. Prices for Paid Services, including Subscriptions and Virtual Items, will be displayed to you in the App or at the point of purchase. Prices are subject to change at any time, except as prohibited by applicable law.

8.4.2. Applicable taxes (such as VAT, sales tax or similar) may be charged in addition to the displayed price, depending on your location and applicable law. The App Store Provider or Twinby (as applicable) will show taxes where required by law at the time of purchase.

8.4.3. We may change the pricing of Paid Services, including Subscription renewal prices. If we increase the price of a Subscription, we will provide notice in accordance with applicable law and give you an opportunity to cancel before the new price applies. If you do not cancel and continue to use the Subscription after the price change takes effect, you agree to the new price.

8.5. Refunds.

8.5.1. General rule.

(a) As a general rule, all purchases of Paid Services (including Subscriptions and Virtual Items) are final and non-refundable, and we do not provide refunds or credits for partially used periods or unused Virtual Items, except where a refund is required by applicable law or expressly stated otherwise at the time of purchase.

(b) Nothing in these Terms is intended to limit any statutory rights to a refund, withdrawal or cancellation that you may have under the laws of your jurisdiction. Where such rights exist and apply to you, we will honor them in accordance with applicable law.

8.5.2. Subscribers in the EU, EEA, United Kingdom and Switzerland.

(a) If you are a consumer residing in the European Union, the European Economic Area, the United Kingdom or Switzerland, you may have a statutory right to withdraw from certain digital subscription contracts within a limited period (for example, 14 days from the start of the subscription), subject to the conditions set out in your local law.

(b) To the extent required by applicable law, we will provide you with information about your right of withdrawal at or before the time of purchase. In some cases, if you request or agree that the Subscription starts immediately and acknowledge that you will lose your right of withdrawal once full performance begins, you may no longer be entitled to a refund after access to the Subscription has started.

(c) If you purchased a Subscription through an App Store Provider, any exercise of statutory withdrawal rights and any refunds will generally be handled by that provider in accordance with its processes and applicable law (see Section 8.5.5).

8.5.3. Subscribers and purchasers of Virtual Items in the Republic of Korea.

If you are a consumer residing in the Republic of Korea, you may have statutory rights to:

(a) receive a full refund for a Subscription and/or unused Virtual Items within a limited period (for example, seven (7) days from the date of purchase), and/or

(b) receive a proportional refund for unused portions of certain Paid Services,

in each case to the extent and on the conditions required by applicable Korean law. Any such refunds will be processed in accordance with that law and, where applicable, the rules of the relevant App Store Provider.

8.5.4. Subscribers in certain U.S. states and in Israel

If you are a subscriber residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin or Israel, and the Services qualify as a “dating service” or similar regulated service under the laws of your jurisdiction, the following may apply to you to the extent required by applicable law:

(a) Right to cancel shortly after purchase.

You may have a right to cancel your Subscription without penalty or further obligation by sending a cancellation notice within a limited period (for example, until midnight of the third business day after the date you entered into the Subscription contract), in accordance with the laws of your jurisdiction.

(b) Death of the subscriber.

If you pass away before the end of the Subscription term, your estate, heirs or legal representative may be entitled to a refund of the portion of the Subscription price paid that relates to the period after your death, in accordance with applicable law.

(c) Disability of the subscriber.

If you become unable to use the Services due to disability before the end of the Subscription term, you may be entitled to a refund of the portion of the Subscription price paid that relates to the period after your disability, provided that you notify Twinby (or the relevant App Store Provider, where applicable) in accordance with the applicable law and these Terms.

(d) How to cancel under this subsection.

To exercise any right of cancellation described in this subsection (including in connection with death or disability), you must send a clear notice stating that you wish to cancel your Subscription (or request a refund) and including sufficient information to identify your Account and the relevant purchase (for example, order number and the email address or phone number registered with your Account).

You may send such notice:

• where the Subscription was purchased through an App Store Provider – via that provider’s refund or “report a problem” process; and/or
• where the Subscription was purchased directly from Twinby – to the contact details specified in Section 17.8 (Contact), unless we specify a different address or method at the time of purchase.

The specific content, form and timing of your notice, and the amount of any refund, will be determined in accordance with the laws that apply in your jurisdiction.

8.5.5. Purchases made through App Store Providers.

(a) If you purchased Paid Services using your account with an App Store Provider (for example, Apple ID or Google Play account), that provider generally processes billing and refunds, and any requests for refunds or cancellations should usually be directed to the App Store Provider, not to Twinby.

(b) You can typically review your purchase history and request a refund or report an issue via the App Store Provider’s account settings or support channels (for example, through the “Report a Problem” or equivalent option). The availability and conditions of refunds are determined by the App Store Provider’s policies and applicable law. Twinby does not control and cannot override an App Store Provider’s decision regarding refunds.

8.5.6. Purchases made directly from Twinby.

(a) If, in the future, we offer the ability to purchase Paid Services directly from Twinby (without using an App Store Provider), refund requests relating to those purchases should be sent to us using the contact details in Section 17.7, unless otherwise specified at the time of purchase.

(b) Your request should include at least:

• your full name;
• the email address or phone number associated with your Account;
• details of the purchase (date, type of Paid Service and, if available, order or transaction number); and
• a clear statement that you wish to cancel or request a refund and the legal or contractual basis for your request (if you rely on a statutory right).

(c) We will review and process your request in accordance with these Terms and applicable law. Where a refund is due, it will be made using the original payment method where reasonably possible, unless otherwise required or permitted by law.

9. THIRD-PARTY SERVICES, APP STORES AND LINKS

9.1. Third-Party Services.

9.1.1. The Services may contain links to, or integrations with, third-party websites, apps, services, content, tools or resources (together, “Third-Party Services”). These may include, for example, external websites opened from profiles or messages, payment services, analytics tools, content delivery networks, safety resources or social media integrations.

9.1.2. You acknowledge and agree that:

(a) Third-Party Services are operated by independent third parties and are not under the control of Twinby;

(b) Twinby does not endorse, monitor, warrant or guarantee any Third-Party Services, including their content, availability, accuracy, security, quality, legality or privacy practices;

(c) your use of Third-Party Services is at your own discretion and risk.

9.1.3. Your access to and use of any Third-Party Service is governed by the terms, conditions and privacy policies of the relevant third party, not by these Terms. You are responsible for reviewing and complying with those terms and policies.

9.1.4. To the extent permitted by law, Twinby is not liable for any loss, damage, charges or disputes arising out of or relating to your use of, or reliance on, any Third-Party Services, even if accessed from or through the Services.

9.1.5. If you choose to share information with or through a Third-Party Service (for example, by following a link, using social sharing features or contacting a User outside the Services), you do so at your own risk. Twinby is not responsible for how third parties or other Users handle information once it leaves the Services.

9.2. App Store Provider Terms.

9.2.1. You acknowledge that the App is made available to you through one or more App Store Providers, such as Apple Inc. (Apple App Store) or Google LLC (Google Play). Your download, installation and use of the App are also subject to the terms and conditions, rules and policies of the relevant App Store Provider.

9.2.2. You understand and agree that:

(a) these Terms are concluded between you and Twinby only, and not with any App Store Provider;

(b) App Store Providers are not responsible for providing the Services, maintaining or supporting the App, or handling any claims you may have in relation to the App or the Services (including product liability, legal or regulatory compliance, or consumer protection claims);

(c) App Store Providers do not have any obligation to provide maintenance, support, updates or upgrades for the App.

9.2.3. To the maximum extent permitted by applicable law, each App Store Provider:

(a) has no warranty obligations with respect to the App beyond any that cannot be excluded under its own terms; and

(b) will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty.

9.2.4. You agree to use the App only on devices and operating systems that are authorized under the relevant App Store Provider’s terms (for example, Apple’s App Store Terms of Service or Google Play Terms of Service), and only in jurisdictions where the App is made available.

10. PRIVACY, COOKIES, GEOLOCATION AND COMMUNICATIONS

10.1. Privacy.

10.1.1. Your use of the Services involves the collection and processing of information about you, including personal data. Details of what we collect, how we use it, with whom we share it, and how long we retain it are set out in our Privacy Policy, which forms part of these Terms.

10.1.2. By using the Services, you acknowledge that your personal data will be processed in accordance with the Privacy Policy and applicable data protection and privacy laws. If you do not agree with how we process personal data as described in the Privacy Policy, you must not use the Services.

10.1.3. Depending on your country of residence, the Twinby entity identified in the preamble of these Terms will act as the data controller (or equivalent role under applicable law) in relation to your personal data. Where required by law, we may appoint representatives, processors or service providers to process personal data on our behalf.

10.1.4. The categories of personal data we process may include, without limitation:

(a) account and profile data (such as name, age, gender, preferences, interests, photos, videos, biography, prompts);

(b) contact details (such as email address, phone number, device identifiers);

(c) usage and interaction data (such as log data, device information, app events, interactions with other Users and content you view);

(d) payment and transaction data related to Paid Services (processed via App Store Providers or payment partners, where applicable);

(e) location-related data (as described in Section 10.4);

(f) any other information you choose to provide through the Services.

10.1.5. We use personal data for purposes including, without limitation:

(a) providing, operating and maintaining the Services;

(b) creating, managing and securing Accounts;

(c) enabling discovery, matching, communication and other core features;

(d) preventing, detecting and responding to abuse, fraud, High-Risk Categories and security incidents;

(e) complying with legal obligations and responding to lawful requests;

(f) improving, testing and developing the Services, including through analytics and research;

(g) sending transactional and, where permitted, marketing communications (see Section 10.5).

10.1.6. Your rights in relation to your personal data (for example, rights of access, correction, deletion, objection or portability) and how to exercise them are explained in the Privacy Policy and may differ depending on your jurisdiction.

10.2. Consumer Health Data.

10.2.1. In some jurisdictions, certain information that Users may choose to share in connection with dating, relationships, emotional well-being or sexual health can be considered “consumer health data” or similar regulated categories of information.

10.2.2. Where laws treating such information as consumer health data apply (for example, certain laws in U.S. states such as Washington or Nevada), our handling of that data is further described in our Consumer Health Data Privacy Policy, which complements the Privacy Policy and forms part of these Terms.

10.2.3. You are not required to provide any information that could be considered consumer health data in order to use the basic Services. If you choose to share such information (for example, in your profile or messages), you do so voluntarily and understand that it will be processed as described in the Privacy Policy and the Consumer Health Data Privacy Policy, where applicable.

10.3. Cookies and Similar Technologies.

10.3.1. When you use the Services (including the App and the twinby.com website), we and our service providers may use cookies, SDKs, pixels, local storage, device identifiers and similar technologies to:

(a) enable core functionality (such as keeping you logged in, remembering your settings and handling security);

(b) understand how the Services are used and improve performance and stability;

(c) perform analytics and measurement;

(d) support safety, fraud prevention and abuse detection;

(e) provide and measure advertising or promotional communications where applicable.

10.3.2. Our use of such technologies and your options to manage or limit them (including browser settings, OS-level settings and any in-product controls) are described in our Cookie Policy, which forms part of these Terms.

10.3.3. Depending on your jurisdiction, we may request your consent for the use of certain non-essential cookies or similar technologies. Where required, you can withdraw or change your consent at any time through the mechanisms described in the Cookie Policy or your device/browser settings.

10.4. Geolocation.

10.4.1. Some features of the Services rely on location-related information to operate properly. For example, we may use your approximate or precise location to:

(a) show other Users who are near you;

(b) display distance indicators or regional information;

(c) tailor discovery, matching and content to your area;

(d) detect and prevent fraud, abuse and certain High-Risk Categories.

10.4.2. The App may request permission from your device’s operating system to access location services (for example, GPS, Wi-Fi or Bluetooth). You may choose to allow or deny such permission. If you deny or disable location access, some features of the Services may not function or may be limited.

10.4.3. When you enable location services, we may collect and process:

(a) approximate location, derived for example from IP address or network information;

(b) precise location, if you explicitly grant the App permission to use GPS or similar technologies, in accordance with your device settings.

10.4.4. You can change your location permissions at any time in your device settings. Doing so may affect how the Services work (for example, we may only be able to show you a broader region instead of nearby Users).

10.4.5. We do not require you to display your exact address or exact coordinates to other Users. Distances and location-related information shown in the Services may be approximate and may be subject to technical limitations or deliberate rounding/obfuscation for safety reasons.

10.4.6. The collection and use of location-related data are further described in the Privacy Policy.

10.5. Electronic Communications.

10.5.1. By creating an Account or otherwise using the Services, you agree that we may send you certain electronic communications in connection with the operation of the Services and your Account, including via email, in-app messages, push notifications or SMS (where permitted by law).

10.5.2. Such communications may include, without limitation:

(a) transactional or service communications, such as security alerts, notifications about login attempts, verification codes, technical notices, changes to these Terms or policies, reminders about settings or subscriptions, and responses to your support requests;

(b) relationship and product communications, such as updates about features, safety notices, usage tips and suggestions to improve your experience;

(c) marketing or promotional communications, where permitted by law, such as information about new features, offers, promotions or campaigns related to the Services.

10.5.3. Where required by applicable law, we will obtain your consent before sending marketing or promotional communications by certain channels (for example, email or SMS). You may withdraw your consent or opt out from marketing communications at any time by:

(a) using the unsubscribe or opt-out links in the communication;

(b) changing your preferences in the App or account settings (where available); or

(c) contacting us using the contact details in Section 17.8.

10.5.4. Even if you opt out from marketing or promotional communications, we may still send you transactional or service communications that are necessary for the operation of the Services or your Account (for example, security alerts, legal notices, billing or subscription information).

10.5.5. Push notifications and certain in-app communications can usually be controlled at the device or App level (for example, notification settings within your device’s operating system). Disabling certain notifications may impact your ability to receive timely information about matches, messages or security-related events.

10.5.6. Where applicable law (for example, laws governing automated calls or texts) requires specific consent for certain types of electronic communications, we will request such consent separately. You may withdraw that consent at any time in accordance with the instructions we provide, and such withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.

11. SUSPENSION AND TERMINATION BY TWINBY

11.1. Our Rights to Take Enforcement Actions.

11.1.1. We may, at any time and to the extent permitted by applicable law, take one or more of the following actions (together, “Enforcement Actions”):

(a) temporarily or permanently suspend your Account or your ability to access some or all of the Services;

(b) terminate your Account and this Agreement with you;

(c) limit or remove access to certain features, functionalities, discovery or messaging tools;

(d) remove, hide, restrict or filter any User Content;

(e) apply technical or product restrictions, including limits on messaging, visibility, matching or discovery;

(f) require additional verification (for example, ID verification, selfie checks, phone or email re-verification) before allowing further use of the Services.

11.1.2. We may take Enforcement Actions where we reasonably believe that one or more of the following grounds applies:

(a) you have violated these Terms, the Community Guidelines, any incorporated policy, or any Additional Terms;

(b) your conduct, User Content, or use of the Services may fall within, be associated with, or facilitate High-Risk Categories (see Section 1.7 and Section 5);

(c) your Account has been, or appears to have been, used for fraud, scams or other deceptive practices, including romance/financial scams, impersonation or phishing;

(d) your actions or User Content may pose a risk to the safety, security, dignity, privacy or rights of other Users, Twinby, our staff or third parties;

(e) your Account is linked to, or appears to be part of, a network of Accounts engaging in abuse, spam, automation, scraping or other platform misuse;

(f) we receive a credible report, complaint, notice or legal request (for example, from another User, a third party, a rights holder or an authority) relating to your Account, User Content or conduct;

(g) we are required to do so by law, regulation, court order, governmental or law enforcement request, or as part of a legal obligation to block, restrict or retain access;

(h) we are conducting an investigation into suspected violations, safety incidents or technical/security issues, and temporary limitations are reasonably necessary to conduct that investigation;

(i) enforcement is advisable for operational, security, risk management or compliance reasons (including, for example, sanctions screening, anti-fraud or abuse prevention measures).

11.1.3. We may consider various factors when deciding which Enforcement Action to take, including:

(a) the nature, severity and frequency of the conduct or violation;

(b) whether the behavior involves or may involve High-Risk Categories;

(c) whether there have been prior warnings, restrictions or violations;

(d) information provided by other Users or third parties;

(e) legal, regulatory or contractual obligations applicable to Twinby.

11.1.4. To the extent permitted by law, Enforcement Actions may be taken with or without prior notice to you, especially in cases involving safety, High-Risk Categories, fraud or legal requirements.

11.2. No Duty to Disclose Details; Internal Review.

11.2.1. For safety, legal, privacy or operational reasons, we may not be able to share all underlying information, evidence or analysis that led to an Enforcement Action. In particular, we may withhold information where:

(a) disclosure could endanger another person’s safety or privacy;

(b) disclosure could interfere with ongoing investigations or enforcement efforts;

(c) disclosure is restricted by law, regulation, court order, or by requests from law enforcement or regulators;

(d) information relates to reports or complaints from other Users or third parties who have a legitimate interest in confidentiality.

11.2.2. Where reasonably possible and not contrary to the considerations above, we may provide you with a high-level explanation that an Enforcement Action has been taken and, in general terms, the type of reason (for example, “violation of Community Guidelines”, “suspected fraudulent activity” or “legal requirement”).

11.2.3. If you believe that an Enforcement Action was taken in error, you may contact us using the contact details in Section 17.7 and, where available, any in-app appeal tools we provide. When you do so, you should provide:

(a) identification of your Account;

(b) a brief explanation of why you believe the action was incorrect;

(c) any relevant context or evidence.

11.2.4. We may, but are not obligated to, conduct an internal review of the Enforcement Action based on your request. To the extent permitted by law, our decision following such a review will be final and does not create any obligation to reinstate your Account or User Content.

11.3. Effect of Suspension or Termination.

11.3.1. Upon suspension or termination of your Account or access to the Services:

(a) your license to use the Services (see Section 4.3) will immediately cease, in whole or in the part corresponding to the Enforcement Action;

(b) your profile and certain User Content may no longer be visible to other Users in the ordinary operation of the Services;

(c) we may retain, for a limited period, certain data and User Content for purposes such as safety, fraud prevention, enforcement of these Terms, dispute resolution, and legal compliance, as described in our Privacy Policy and retention practices;

(d) to the extent permitted by law, you may lose access to some or all Paid Services, Subscriptions and Virtual Items associated with your Account, without a right to any refund or credit, except where otherwise required by applicable law or expressly provided in Section 8.5.

11.3.2. Termination or suspension of your Account by Twinby does not affect:

(a) any obligations or liabilities incurred by you prior to the date of termination or suspension;

(b) any provisions of these Terms that by their nature are intended to survive termination or suspension, including, without limitation, Sections 5-7, 8.2-8.5, 9, 10, 11.3, 12-17.

11.3.3. If your Account is terminated, you are not permitted to create a new Account without our prior written permission. We may use technical measures (for example, device identifiers, IP addresses and other signals) to enforce this prohibition, to the extent permitted by law.

11.3.4. To the extent permitted by law, Twinby will not be liable to you for any loss, damage, loss of data, loss of connections, loss of Virtual Items or Paid Services, or other consequences arising out of or related to a suspension or termination of your Account or access to the Services that is carried out in accordance with these Terms.

12. DISCLAIMERS

To the fullest extent permitted by applicable law:

12.1. “As Is” and “As Available”.

12.1.1. The Services and all content made available through the Services (including Twinby Content and User Content) are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied or statutory.

12.1.2. Without limiting the generality of the foregoing, and subject to any mandatory rights you may have under applicable law, Twinby does not make any representations, promises or warranties that:

(a) the Services will meet your requirements or expectations;

(b) the Services will be available at any particular time or location, or will be uninterrupted, secure or error-free;

(c) any defects or errors in the Services will be corrected;

(d) the Services will be compatible with, or operate on, any particular device, operating system, browser, network or hardware configuration;

(e) any content, including User Content, will be accurate, complete, up to date, reliable, appropriate or safe.

12.2. Excluded Warranties.

12.2.1. To the maximum extent permitted by law, Twinby specifically disclaims all warranties of any kind, whether express, implied or statutory, including, without limitation:

(a) implied warranties of merchantability;

(b) implied warranties of fitness for a particular purpose;

(c) implied warranties of non-infringement; and

(d) any warranties arising out of course of dealing, course of performance, usage of trade or industry practice.

12.2.2. No advice, statements or information (whether oral or written) obtained from Twinby, through the Services, or from any communications with us, will create any warranty not expressly stated in these Terms.

12.3. No Guarantee of Matches, Interactions or Outcomes.

12.3.1. You acknowledge and agree that Twinby does not:

(a) guarantee that you will be matched with any particular User or with any minimum number of Users;

(b) guarantee that any match, conversation or interaction will lead to a date, relationship or any other outcome;

(c) control or guarantee the continuation of any interaction, relationship or communication with any User;

(d) guarantee any particular level of visibility or placement of your profile or User Content.

12.3.2. Any algorithms, recommendations, sorting or presentation of profiles are provided on an “as is” basis and may change at any time. They do not constitute a guarantee, promise or endorsement of any User or outcome.

12.4. No Professional Advice.

12.4.1. The Services may include general information, tips or content relating to safety, relationships, mental health, law, finance, or other topics. Such information is provided solely for general informational purposes.

12.4.2. Twinby does not provide professional medical, psychological, psychiatric, legal, financial, tax or other professional advice.

12.4.3. You should not rely on any information in the Services as a substitute for advice from qualified professionals, and you should not disregard professional advice or delay seeking it because of something you read or saw in the Services.

12.5. User Behavior and Interactions.

12.5.1. Twinby does not control and is not responsible for the behavior, actions or omissions of Users or any other individuals you may meet or interact with through the Services, whether online or offline.

12.5.2. You are solely responsible for:

(a) your communications and interactions with other Users;

(b) deciding whether to communicate with, meet or otherwise engage with any User;

(c) taking appropriate precautions to protect yourself, your property and your information, as described in Section 7 (Safety).

12.5.3. Twinby does not and cannot guarantee that any User is who they claim to be, or that their statements, profile information or intentions are truthful, accurate or complete.

12.6. Jurisdiction-Specific Rights.

12.6.1. Some jurisdictions do not allow the exclusion of certain warranties, or the limitation of certain rights. In those jurisdictions, some of the disclaimers in this Section 12 may not apply to you, and you may have additional rights that cannot be excluded by contract.

12.6.2. Nothing in these Terms, including this Section 12, is intended to exclude, restrict or modify any right or remedy that you have and that cannot be excluded, restricted or modified under applicable law.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law:

13.1. Exclusion of Certain Damages.

13.1.1. For purposes of this Section, “Twinby Parties” means Twinby, its parent and affiliated entities, and their respective officers, directors, employees, agents and licensors.

13.1.2. The Twinby Parties shall not be liable to you for any of the following categories of damages, whether direct or indirect, arising out of or relating to the Services or these Terms:

(a) loss of profits, revenue, business, opportunities or anticipated savings;

(b) loss or damage to data, including deletion, corruption or failure to store any content or communications;

(c) loss of goodwill, reputation or expected relationships;

(d) emotional distress, including anxiety, embarrassment, humiliation or similar non-pecuniary loss;

(e) any indirect, incidental, consequential, special, punitive or exemplary damages.

13.1.3. This exclusion applies regardless of the theory of liability (whether in contract, tort, negligence, strict liability or otherwise), and even if any Twinby Party has been advised of or could reasonably have foreseen the possibility of such damages.

13.2. Cap on Direct Damages.

13.2.1. In addition to the exclusions above, the total aggregate liability of the Twinby Parties to you for all claims, losses and causes of action arising out of or in connection with:

(a) the Services;

(b) your use of or inability to use the Services; or

(c) these Terms,

shall not exceed the greater of:

(i) the total amount you have paid directly to Twinby, if any, for Paid Services in the twelve (12) months immediately preceding the event giving rise to the claim; or

(ii) one hundred U.S. dollars (US $100).

13.2.2. This cap is a single aggregate limit for all claims of any kind. Multiple claims or proceedings do not increase this limit.

13.3. Scope and Application of Limitations.

13.3.1. The limitations and exclusions in this Section 13 apply to all types of claims and all legal theories, including but not limited to breach of contract, tort (including negligence), strict liability, statutory claims, and any other theory of liability.

13.3.2. The limitations and exclusions in this Section 13 apply to all claims between you and the Twinby Parties arising out of or relating to:

(a) the use of or inability to use the Services;

(b) any conduct or content of other Users or third parties (including, without limitation, defamatory, offensive, unlawful or harmful conduct or content);

(c) any Third-Party Services or App Store Providers;

(d) any loss of access to your Account, Paid Services, Virtual Items or User Content resulting from suspension, termination or modification of the Services in accordance with these Terms.

13.3.3. The limitations in this Section 13 are in addition to, and shall apply together with, the disclaimers in Section 12. If any remedy under these Terms is found to have failed of its essential purpose, the limitations of liability set out in this Section 13 shall still apply to the maximum extent permitted by law.

13.4. Jurisdiction-Specific Limitations.

13.4.1. Some jurisdictions do not allow the exclusion or limitation of certain types of damages (for example, certain consequential or incidental damages). In such jurisdictions, some of the exclusions and limitations in this Section 13 may not apply to you, but only to the extent prohibited by applicable law.

13.4.2. Nothing in these Terms, including this Section 13, is intended to exclude or limit any liability that cannot be excluded or limited under applicable law (for example, certain liability for death or personal injury caused by negligence, or for fraud), or to deprive you of any mandatory consumer rights that cannot be waived by contract.

14. INDEMNIFICATION

14.1. Indemnified Parties.

For purposes of this Section, “Twinby Parties” means Twinby, its parent and affiliated entities, and their respective officers, directors, employees, agents and licensors.

14.2. Your Indemnity Obligations (If a Claim Is Brought Against Us Because of You).

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Twinby Parties from and against any and all complaints, claims, demands, actions, investigations, proceedings, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) that are caused by, arise out of, or are in any way related to:

(a) your access to or use of the Services, including any use in violation of these Terms, the Community Guidelines or applicable law;

(b) your User Content, including any allegation that your User Content infringes, misappropriates or violates any intellectual property, privacy, publicity or other rights of any person or entity;

(c) your conduct towards other Users or any third parties, whether online or offline, including any interactions, meetings or communications that originate through the Services;

(d) your breach of these Terms, any incorporated policy or any applicable law or regulation;

(e) any misrepresentation made by you in connection with your Account or your use of the Services.

In other words, if, as a result of your actions or omissions, a claim is brought against any Twinby Party, you agree, to the extent permitted by law, to defend that claim and cover the resulting losses, subject to the limitations in this Section.

14.3. Limitations on Indemnity.

Your indemnity obligations under this Section 14 apply only to the extent that the relevant complaints, claims, losses or damages are not directly caused by:

(a) the gross negligence or willful misconduct of a Twinby Party; or

(b) a material breach by Twinby of these Terms or applicable law.

14.4. Defense and Control of Claims.

14.4.1. We may, at our option and to the extent permitted by law, assume the exclusive defense and control of any matter subject to indemnification by you under this Section 14. In that case:

(a) we will have the right to select counsel and direct the defense and strategy; and

(b) you agree to cooperate reasonably with us in the defense of the claim, including by providing relevant information and documents.

14.4.2. You may not settle, compromise or consent to the entry of any judgment with respect to any claim subject to indemnification under this Section 14 without our prior written consent, if such settlement:

(a) imposes any obligation (financial or otherwise) on a Twinby Party;

(b) includes any admission of fault or wrongdoing on behalf of a Twinby Party; or

(c) does not include a full and unconditional release of all Twinby Parties from all liability related to the claim.

14.4.3. Twinby will not settle any claim for which you are providing indemnification in a way that imposes any non-monetary obligation on you or admits your liability, without your prior consent (not to be unreasonably withheld or delayed).

14.5. Additional Remedies.

The indemnity obligations in this Section 14 are in addition to, and not in substitution for, any other rights or remedies that the Twinby Parties may have under these Terms, at law or in equity.

14.6. Jurisdiction-Specific Limitations.

14.6.1. Some jurisdictions do not allow certain types of indemnification obligations (for example, where they are considered unfair or disproportionate). In those jurisdictions, the indemnity in this Section 14 will apply only to the extent permitted by applicable law, and some or all of its provisions may not apply to you.

14.6.2. Nothing in this Section 14 is intended to exclude, limit or modify any protection you have under mandatory consumer protection laws that cannot be waived by contract.

15. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

To the extent permitted by applicable law, this Section 15 explains how you and Twinby agree to resolve any Dispute (as defined below). If the law in your jurisdiction prohibits any part of this Section 15, that part will not apply to you, and the rest will remain in force.

15.1. Informal Dispute Resolution Process (Mandatory Before Arbitration or Small Claims Court).

15.1.1. Definition of “Dispute”.

For purposes of this Section 15, “Dispute” means any dispute, claim or controversy between you and Twinby, arising out of or relating in any way to:

(a) these Terms (including any alleged breach);

(b) the Services; or

(c) your relationship or interactions with Twinby,

whether based in contract, tort, statute, regulation or any other legal or equitable theory, and whether the Dispute arose before, during or after the term of this Agreement.

15.1.2. Mandatory informal process.

If you have a Dispute with Twinby (“Your Dispute”), you agree that, before starting arbitration or a small claims court case, you will first give Twinby an opportunity to resolve Your Dispute informally. Similarly, if Twinby has a Dispute with you (“Twinby Dispute”), Twinby will first seek to resolve it informally before starting arbitration or a small claims court case.

15.1.3. Your Notice.

To start the informal process for Your Dispute, you must send a written notice (“Notice”) to Twinby at:

Twinby Inc.

Attn: Legal – Dispute Notice

228 Park Ave S, STE 85451

New York, NY 10003, USA

and by email to:

Your Notice must include all of the following:

(a) your full name;

(b) information sufficient to identify your Account, including at least the email address and/or phone number associated with your Account, and, if available, a screenshot or description of your profile;

(c) your current mailing address;

(d) a detailed description of Your Dispute, including the facts giving rise to it;

(e) the specific relief you are seeking and a reasonable calculation of any claimed damages;

(f) your personal signature (electronic or physical).

15.1.4. Twinby’s Notice.

If Twinby has a Dispute with you, Twinby will send its Notice to your last known email address and/or mailing address associated with your Account, and will include:

(a) a description of the Twinby Dispute;

(b) the relief sought and a reasonable calculation of any claimed damages.

15.1.5. Good-faith negotiations and conference.

After a complete Notice is received by the other party, you and Twinby agree to negotiate in good faith to try to resolve the Dispute. As part of this process, either party may request a phone or video conference to discuss the Dispute;

(a) if Twinby requests such a conference, you agree to participate personally (and with your attorney, if you are represented);

(b) if you request such a conference, Twinby will make a reasonable effort for an appropriate representative to participate.

15.1.6. Time period; condition precedent; tolling.

(a) This informal process will last for sixty (60) days from the date a complete Notice is received, unless you and Twinby agree in writing to extend the period.

(b) Completing this informal process is a condition precedent to starting arbitration or a small claims court case (except for individual claims of sexual assault or sexual harassment related to use of the Services, as described in Section 15.3.2(b)).

(c) Any applicable statutes of limitation and filing deadlines for fees will be tolled (paused) during this informal process.

15.1.7. Effect on arbitration provider.

To the extent permitted by applicable law, any arbitration provider should not accept or administer an arbitration demand unless the party filing the demand certifies in writing that the informal process in this Section 15.1 has been completed. A court of competent jurisdiction may enforce this requirement and may stay (pause) or dismiss any arbitration or small claims proceeding initiated without compliance with this Section 15.1.

15.1.8. Confidentiality of settlement communications.

All offers, promises, discussions and statements made in the course of the informal dispute resolution process are confidential and made for purposes of settlement, and may not be used in any later proceeding (other than to show that a party complied with or failed to comply with this Section 15.1), to the extent permitted by applicable law.

15.2. Individual Relief; Waiver of Jury Trial and Class/Representative Actions.

15.2.1. Waiver of jury trial.

To the fullest extent permitted by law, you and Twinby waive any right to a trial by jury in any court proceeding for any Dispute between you and Twinby.

15.2.2. Individual-only relief; class/representative waiver.

To the fullest extent permitted by law, you and Twinby agree that:

(a) any arbitration or court proceeding will be conducted only on an individual basis;

(b) you will not seek to have any Dispute heard as a class action, class arbitration, collective action, private attorney general action, or in any other representative capacity;

(c) no arbitration or proceeding may be consolidated with another, unless all parties to all affected proceedings agree in writing.

15.2.3. Limit on arbitrator’s authority.

The arbitrator may award the same remedies available in court, but only to the extent necessary to provide relief to the individual party bringing the claim. The arbitrator may not:

(a) combine or consolidate claims of more than one person;

(b) preside over any form of class, collective or representative proceeding;

(c) issue any order or award that applies to or benefits anyone other than the individual parties to the arbitration.

15.2.4. Consequences of unenforceability.

If a court of competent jurisdiction determines that the waiver in Section 15.2.2 as to a particular claim or request for relief cannot be enforced in full (for example, as to a specific request for public injunctive relief), then, to that extent only:

(a) that particular claim or request for relief may proceed in court (and not in arbitration); and

(b) all other claims and requests for relief remain subject to arbitration under this Section 15.

15.3. Arbitration or Small Claims Court.

15.3.1. General agreement to arbitrate.

Except as provided in Sections 15.3.2 and 15.3.3, after completion of the informal dispute resolution process in Section 15.1, any Dispute between you and Twinby shall be resolved by binding, individual arbitration instead of in court. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and is intended to be interpreted broadly.

15.3.2. Exceptions – small claims court and sexual assault/harassment claims.

Notwithstanding Section 15.3.1:

(a) Small claims court. Either you or Twinby may bring an individual claim in a court of small claims (or similar) with jurisdiction, instead of arbitration, so long as the matter remains in that court and proceeds only on an individual basis.

(b) Claims of sexual assault or sexual harassment. Individual claims of sexual assault or sexual harassment arising from your use of the Services may be brought in court, not in arbitration, to the extent permitted by applicable law. You do not need to complete the informal process in Section 15.1 before bringing such claims in court.

15.3.3. Claims for injunctive relief for intellectual property.

Either party may bring an individual action in court, rather than arbitration, to seek injunctive or other equitable relief to protect that party’s intellectual property rights (for example, copyrights, trademarks, trade secrets or patents).

15.3.4. Issues decided by arbitrator.

Except as otherwise provided in this Section 15, the arbitrator, and not any court, shall have the exclusive authority to resolve all disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement, including any claim that all or any part of this Section 15 is void or voidable, and any disputes about arbitrability.

15.3.5. Forum for court proceedings permitted by this Section.

Any court proceeding permitted under this Section 15 (for example, small claims, sexual assault/harassment claims, or IP injunctive relief, or enforcement of an arbitration award) shall be brought only in the courts specified in Section 16.2, subject to applicable law.

15.4. Arbitration Rules and Procedures.

15.4.1. Arbitration administrator and rules.

Unless you and Twinby agree otherwise in writing, the arbitration will be administered by a reputable, independent arbitration provider (such as the American Arbitration Association (AAA)) under its Consumer Arbitration Rules, as modified by this Section 15. If that provider is unavailable or unwilling to administer the arbitration, you and Twinby will agree on a substitute provider; if you cannot agree, a court of competent jurisdiction may appoint a provider, and this Section 15 will apply to the extent consistent with that provider’s rules.

15.4.2. Seat, language and location.

(a) The seat (legal place) of arbitration will be New York, New York, USA.

(b) The arbitration will be conducted in English.

(c) The arbitrator may hold hearings (if any) by video or telephone, or in person at a location reasonably convenient for you, unless the arbitrator determines a different location is necessary.

15.4.3. Arbitrator.

The arbitration will be conducted by a single, neutral arbitrator who has experience with consumer and technology disputes. The arbitrator is bound by these Terms and must apply applicable law in the same way a court would.

15.4.4. Fees and costs.

(a) Arbitration fees will be allocated as required by the applicable arbitration rules and law. Twinby will pay any arbitration fees that are required by law or the applicable rules to avoid making arbitration cost-prohibitive for you.

(b) The arbitrator may award fees and costs as permitted by the applicable rules and law, including where a claim is found to be frivolous or brought for an improper purpose.

15.4.5. Discovery and evidence.

The arbitrator shall allow reasonable exchange of non-privileged information relevant to the Dispute, taking into account the amount at stake, the complexity of the issues and the need for a fair and efficient resolution. The arbitrator may limit discovery to ensure that the arbitration remains efficient and proportionate.

15.4.6. Confidentiality.

To the extent permitted by law and by the arbitration rules, you and Twinby agree to keep the arbitration proceedings, any related filings and any award confidential, except as necessary to enforce or challenge the award in court, or as otherwise required by law.

15.4.7. Award.

The arbitrator shall issue a written, reasoned decision that states the essential findings and conclusions on which the award is based. The award shall be final and binding on you and Twinby and may be entered as a judgment in any court of competent jurisdiction.

15.5. Coordination of Similar Claims.

15.5.1. Good-faith coordination.

If a large number of similar individual arbitration demands are filed against Twinby by the same or coordinated counsel, you and Twinby agree to work in good faith with the arbitration provider to adopt reasonable procedures to efficiently resolve such claims (for example, bellwether proceedings or other phased approaches), while preserving each party’s right to a fair and individual hearing.

15.5.2. No class or consolidated arbitration.

Any such procedures must remain consistent with the individual-only nature of arbitration under this Section 15 and may not authorize class, collective, representative or consolidated arbitration.

15.6. 30-Day Right to Opt Out of Arbitration.

15.6.1. How to opt out.

You may opt out of the agreement to arbitrate in this Section 15 (but not the jury waiver in Section 15.2.1) by sending a written notice of your decision to opt out to or to the postal address in Section 17.8 within thirty (30) days after the date you first accepted these Terms.

15.6.2. Required content.

Your opt-out notice must include:

(a) your full name;

(b) the email address and/or phone number associated with your Account; and

(c) a clear statement that you wish to opt out of the arbitration agreement in Section 15 of the Twinby Terms of Use.

15.6.3. Effect of opt out.

If you opt out:

(a) neither you nor Twinby will be required to arbitrate Disputes; and

(b) you and Twinby may bring Disputes in court, subject to Section 16 (Governing Law and Venue) and the waiver of jury trial in Section 15.2.1.

Opting out of arbitration does not affect any other parts of these Terms.

15.7. Survival.

This Section 15 survives termination of your Account or these Terms and continues to apply to any Dispute between you and Twinby, whether arising before or after termination.

16. GOVERNING LAW AND VENUE

16.1. Governing Law.

16.1.1. To the fullest extent permitted by applicable law, these Terms, the Services and any Dispute between you and Twinby (as defined in Section 15) are governed by:

(a) the laws of the State of New York, USA, without regard to its conflict of law rules that would result in the application of the laws of any other jurisdiction; and

(b) applicable federal law of the United States.

16.1.2. The arbitration agreement in Section 15 is additionally governed by the Federal Arbitration Act (FAA), which applies regardless of any choice-of-law rules.

16.1.3. Nothing in these Terms is intended to deprive you of any mandatory consumer protection rights that apply to you under the laws of your place of residence, to the extent those rights cannot be waived by contract.

16.2. Venue / Forum for Court Proceedings (Claims Not Arbitrated).

16.2.1. This Section applies to any claim, cause of action or Dispute between you and Twinby that, under Section 15:

(a) is not required to be resolved by arbitration (for example, qualifying small claims, certain claims of sexual assault or sexual harassment, or certain intellectual property claims); or

(b) is otherwise brought in court (for example, actions to confirm, modify or vacate an arbitration award, or where a court determines that the arbitration agreement is unenforceable as to a specific claim),

and that is not required by applicable law to be brought in some other specific forum.

16.2.2. To the fullest extent permitted by law, and except where a different forum is required by applicable law:

(a) any such claim or Dispute must be brought exclusively in the state courts of the State of New York sitting in New York County, New York, or in the federal courts of the Southern District of New York; and

(b) you and Twinby irrevocably consent to the personal jurisdiction of those courts and agree that they are a proper and convenient forum for any such proceedings.

16.2.3. To the fullest extent permitted by law, you and Twinby each waive any objection to the laying of venue in, or claim that any such court is an inconvenient forum for, any claim or Dispute covered by Section 16.2.

16.2.4. Court proceedings under this Section 16.2 are subject to the jury trial waiver in Section 15.2.1 and the individual-only requirement in Section 15.2.2 (no class, collective or representative actions), to the extent permitted by applicable law.

16.2.5. Notwithstanding the foregoing, if you are a consumer residing in the European Union, the European Economic Area, the United Kingdom or Switzerland, you may be entitled under applicable law to bring certain claims relating to these Terms or the Services in the courts of your place of residence. In such cases, the mandatory provisions of the laws of your place of residence will apply to the extent they cannot be excluded by contract.

17. MISCELLANEOUS

17.1. Entire Agreement

17.1.1. These Terms, together with any documents incorporated by reference (including the Privacy Policy, Cookie Policy, Community Guidelines, Consumer Health Data Privacy Policy and any applicable Additional Terms), constitute the entire agreement between you and Twinby regarding your use of the Services.

17.1.2. They supersede all prior or contemporaneous agreements, understandings or arrangements (whether written or oral) relating to the Services, except where we expressly state otherwise in writing.

17.2. Assignment

17.2.1. You may not assign, transfer or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any attempted assignment without such consent is void.

17.2.2. Twinby may assign, transfer or delegate its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets or by operation of law.

17.3. Severability

17.3.1. If any provision of these Terms is found to be invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and, to the extent it cannot be, it will be deemed severed from these Terms.

17.3.2. The remaining provisions will continue in full force and effect.

17.4. No Waiver

17.4.1. Our failure or delay in exercising any right, power or remedy under these Terms does not constitute a waiver of that right, power or remedy.

17.4.2. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Twinby to be effective, and such waiver will not be deemed a waiver of any other provision or of the same provision on a different occasion.

17.5. Force Majeure

17.5.1. Twinby shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including, without limitation:

(a) acts of God, natural disasters, floods, fires, earthquakes;

(b) war, terrorism, civil unrest, riots;

(c) labor disputes, strikes, lockouts or industrial disturbances;

(d) power outages, failures of telecommunications, networks, infrastructure or the internet;

(e) governmental actions, regulations, embargoes or orders; or

(f) other events beyond our reasonable control.

17.5.2. In such cases, our performance will be suspended only for the period during which the force majeure event continues.

17.6. Language

17.6.1. These Terms are drafted in English. Any translations are provided solely for convenience.

17.6.2. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail to the extent permitted by law.

17.7. Copyright and DMCA Policy

17.7.1. Twinby respects intellectual property rights and expects Users to do the same. We take alleged copyright infringement seriously and aim to process and respond to notices quickly and effectively.

17.7.2. Twinby has adopted the following policy regarding alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”, 17 U.S.C. § 512).

17.7.3. DMCA Takedown Notices (Alleged Copyright Infringement)

If you believe that any User Content or Twinby Content available through the Services infringes your copyright, you may submit a DMCA takedown notice (“DMCA Takedown Notice”) to our designated contact. The notice must include all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if a single notice covers multiple copyrighted works on the Services, a representative list of such works;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material (for example, a URL or clear description of where the material appears in the Services);

(d) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address;

(e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Users located outside the United States may also use this process to notify us of alleged infringement, without prejudice to any rights or remedies they may have under the laws of their jurisdiction.

17.7.4. DMCA Contact Details

Email:

Subject line: “DMCA Takedown Notice – Twinby”

Postal address:

Twinby Inc.

Attn: Legal – DMCA

228 Park Ave S, STE 85451

New York, NY 10003, USA

17.7.5. These DMCA contact details are for copyright notices only. They should not be used for general support requests, which must be submitted via in-app support or the contact channels indicated in the Services.

17.7.6. Counter-Notification (If Your Content Was Removed)

If we remove or disable access to your User Content in response to a DMCA Takedown Notice, we may notify you and, where appropriate, you may submit a counter-notification if you believe the removal was mistaken or that you have the right to use the material. Any counter-notification must comply with 17 U.S.C. § 512(g) and include:

(a) your physical or electronic signature;

(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before removal or disabling of access;

(c) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and

(d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if you are outside the United States, for any judicial district in which Twinby may be found) and that you will accept service of process from the person who provided the original DMCA Takedown Notice or that person’s agent.

We may restore the material in accordance with the DMCA, but we are not obligated to do so in all cases.

17.7.7. Policy for Repeat Infringers

In appropriate circumstances and to the extent required by law, Twinby will terminate Accounts of Users who are determined to be repeat infringers of copyright. Twinby may also take other measures in its discretion, including removing or restricting access to content and limiting use of the Services.

17.7.8. Misuse of DMCA Procedures

Submitting a DMCA Takedown Notice or counter-notification that knowingly contains false material statements may subject you to liability under 17 U.S.C. § 512(f) and other applicable laws.

17.8. Contact

If you have any questions about these Terms or the Services (other than DMCA notices, which must follow Section 17.7), you may contact us at:

• Email (support):
• Email (legal notices and queries):

Postal address:

Twinby Inc.

Attn: Legal

228 Park Ave S, STE 85451

New York, NY 10003, USA

For Users whose contracting entity under these Terms is Twinby Global Limited, notices and communications sent to the contact details in this Section 17.8 shall be deemed validly delivered to Twinby Global Limited, and Twinby Inc. is authorised to receive such notices on its behalf.

17.9. Special Terms for Residents of Certain Locations

17.9.1. General

17.9.1.1. In some jurisdictions, consumer protection or dating-service laws grant additional rights or impose specific disclosure and cancellation requirements.

17.9.1.2. This Section 17.9 sets out additional terms that apply to subscribers residing in certain locations, including, without limitation, Israel, Denmark, Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin.

17.9.1.3. These special terms supplement the rest of the Terms (including Section 8.5 on refunds). If there is a conflict between this Section 17.9 and another part of these Terms, the more protective provision for the consumer in the relevant jurisdiction will apply, to the extent required by law.

17.9.2. Subscribers Residing in New York

In addition to any rights, you have under Section 8.5 and applicable law:

17.9.2.1. No guarantee of “contacts”

The Services do not guarantee that you will receive any particular number of “contacts”, matches, messages, dates or interactions. The functionality of the Services is such that you can view profiles made available to you and decide whom to contact or respond to.

17.9.2.2. Right to pause subscription

After giving written notice to Twinby at the address in Section 17.8 (Attn: Legal – Cancellations), you may request that your subscription be suspended/paused for a period of up to one (1) year, to the extent permitted by applicable New York law.

17.9.2.3. Use of your information

Information about how we collect, use and share your personal data and how you can exercise your rights is set out in our Privacy Policy.

17.9.2.4. New York Dating Service Consumer Bill of Rights

If required by applicable law, you are entitled to review the New York Dating Service Consumer Bill of Rights. Where mandated, we will provide access to this Bill of Rights via the Services or on request.

17.9.3. Subscribers Residing in North Carolina

If you reside in North Carolina, you may have specific “buyer’s rights” under North Carolina law in relation to dating services or similar contracts. Where applicable, you are entitled to review those rights, and we will provide access or information about them as required by law.

17.9.4. Subscribers Residing in Illinois, New York, North Carolina and Ohio

If you reside in Illinois, New York, North Carolina or Ohio and the Services are broadly available in the United States, but you reasonably believe you have moved to an area outside the locations where we provide the Services, you may contact us in writing at the address in Section 17.8. To the extent required by applicable law, Twinby will work with you in good faith to:

(a) provide an alternative service; or

(b) provide an appropriate refund of prepaid amounts for the period after you moved outside the service area.

17.9.5. Subscribers Residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin and Israel

17.9.5.1. Three-business-day cancellation right

If you reside in one of these states or in Israel, you have the right, to the extent required by applicable law, to cancel your subscription, without penalty or further obligation, at any time before midnight of the third business day after the date on which you entered into the subscription. The practical steps to cancel (including for App Store Provider purchases) are described in Section 8.5; this statutory right applies in addition to any other cancellation methods offered by Twinby and any additional California-specific rights in Section 17.9.7.

17.9.5.2. Death

If you pass away before the end of your subscription term, your estate or legal representative may be entitled, to the extent required by law, to a refund of the portion of the subscription payment allocable to the period after your death, upon written notice and provision of reasonable documentation.

17.9.5.3. Disability

If you become disabled (to the extent that you are unable to use the Services) before the end of your subscription term, you may be entitled, to the extent required by law, to a refund of the portion of the subscription payment allocable to the period after your disability, upon written notice and provision of reasonable documentation, using the same contact channels and procedures as for refunds described in Section 8.5.

17.9.6. Subscribers Residing in Denmark

17.9.6.1. Right of withdrawal

If you are a consumer residing in Denmark and purchase a subscription or certain Paid Services, you may have a statutory right of withdrawal (cancellation) for a limited period (typically 14 days) from the start of the subscription, under Danish and EU consumer law, as described in Section 8.5.

17.9.6.2. Digital content exception (Virtual Items, etc.)

You do not have a right of withdrawal for a contract involving the delivery of digital content that is not supplied on a tangible medium (for example, Virtual Items) once:

(a) processing of the order has begun with your express prior consent; and

(b) you have expressly acknowledged that you thereby lose your right of withdrawal.

This means that purchases of such digital content (including Virtual Items) are final and non-refundable, except where otherwise required by law.

17.9.6.3. Standard cancellation form (only for residents of Denmark)

Standard cancellation form

(only for residents of Denmark)

To:

Twinby Inc.

Attn: Cancellations

228 Park Ave S, STE 85451

New York, NY 10003, USA

Email: support@twinby.com

I hereby give notice that I wish to exercise my right of withdrawal from my contract for the provision of the following services.

Order number:

Date of order:

Customer name:

Customer address:

Customer email address:

Customer phone number:

Date:

17.9.7. Subscribers Residing in California

17.9.7.1. Three-business-day cancellation right

If you reside in California, you may cancel your subscription, without penalty or further obligation, at any time before midnight of the third business day after the date of your subscription, to the extent required by applicable law.

17.9.7.2. Subscriptions purchased through App Store Providers

If you subscribed using an App Store Provider or other external service (for example, Apple ID or Google Play), you must cancel the subscription through that external service, as explained in Section 8 (for example, via your Apple ID or Google Play account settings).

• If you subscribed via Apple ID, any refund is handled by Apple, not Twinby. You must request a refund from Apple through your Apple ID account or via Apple support.
• For Google Play or other providers, refunds are handled in accordance with their policies and applicable law.

17.9.7.3. Cancellation by written notice to Twinby (direct subscriptions)

For subscriptions purchased directly from Twinby (not through an App Store Provider), you may request cancellation or refunds (where applicable) by contacting customer support or by sending a signed and dated notice stating that you, the buyer, are cancelling this agreement, or words to similar effect. Please include:

(a) your full name;

(b) the email address, phone number or other unique identifier associated with your Account; and

(c) any relevant order or transaction number, if available.

Written notices for cancellation of direct subscriptions should be sent to:

Twinby Inc.

Attn: Cancellations

228 Park Ave S, STE 85451

New York, NY 10003, USA

17.9.7.4. California Civil Code § 1789.3 – Consumer Rights Notice

Pursuant to California Civil Code § 1789.3, if you are a California resident:

(a) You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs to seek assistance or lodge a complaint.

(b) You may reach them in writing at:

Consumer Information Division

California Department of Consumer Affairs

1625 North Market Blvd., Suite N112

Sacramento, CA 95834, USA

or by telephone at: +1 (800) 952-5210.

17.9.7.5. Obtaining a copy of these Terms by mail

If you are a California resident, you may request a copy of these Terms by mail by writing to:

Twinby Inc.

Attn: Terms Requests

228 Park Ave S, STE 85451

New York, NY 10003, USA

Please include your name, postal address and the email address or phone number associated with your Account, and state that you are requesting a copy of the current Twinby Terms of Use.