Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DateWise ("Company," "we," "our," or "us") governing your access to and use of the DateWise mobile application, website, and all related services (collectively, the "Service").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

We reserve the right to modify these Terms at any time. Material changes will be communicated via in-app notification or email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

DateWise is an AI-powered dating companion application designed to help users improve their dating profile presentation, screen potential matches, and improve dating conversations.

What DateWise Is:

• A personal coaching tool that works alongside existing dating platforms (Tinder, Bumble, Hinge, and others).
• An AI-driven analytics service that provides personalized recommendations.
• A productivity and self-improvement tool for the context of dating.

What DateWise Is NOT:

• A dating platform or matchmaking service. DateWise does not connect users with potential romantic partners.
• A guarantee of romantic success. Our AI provides coaching suggestions, not guaranteed outcomes.
• A substitute for professional psychological, therapeutic, or relationship counseling.
• Affiliated with, endorsed by, or partnered with any third-party dating application mentioned.

The Service includes three core features: Profile Glow Up (profile analysis and optimization), Vibe Check (match screening and opener generation), and Chat Copilot (conversation coaching).

To use DateWise, you must meet the following eligibility requirements:

Age Requirements

• You must be at least 18 years of age to use the Service independently.
• Users aged 13 to 17 may use the Service only with verifiable parental or legal guardian consent. By using the Service as a minor (13-17), you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf.
• The Service is not available to anyone under 13 years of age.

Geographic Availability

• The Service is available in jurisdictions where it has not been restricted or prohibited by applicable law. You are responsible for ensuring compliance with local laws before using the Service.

Account Requirements

• You must provide accurate, current, and complete information when creating your account.
• You must have the legal capacity to enter into binding agreements.
• You must not have been previously banned or removed from the Service by us.

By using the Service, you represent and warrant that you meet all eligibility requirements.

4.1 Account Creation

You may create a DateWise account using your email address, Apple ID, or Google account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

• You must immediately notify us at support@datewise.app of any unauthorized access to or use of your account.
• You are responsible for all actions taken under your account, whether authorized by you or not.
• We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Information

• You agree to provide accurate, truthful, and current information.
• You agree to promptly update your information to keep it accurate.
• You may not impersonate any person or entity or misrepresent your affiliation with any person or entity.

4.4 One Account Per Person

You may not create multiple accounts. Creating duplicate accounts may result in all accounts being suspended or terminated.

4.5 Account Termination

You may delete your account at any time through Settings > Account > Delete Account. Upon deletion, your data will be removed per our Privacy Policy. We reserve the right to suspend or terminate accounts that violate these Terms.

You agree to use DateWise only for lawful purposes and in accordance with these Terms. The following conduct is strictly prohibited:

5.1 Prohibited Content

• Uploading images or content depicting minors in any romantic, sexual, or inappropriate context.
• Uploading images or content that is obscene, pornographic, or sexually explicit.
• Uploading images or content that promotes violence, hate speech, or discrimination.
• Uploading content you do not have the right to share.

5.2 Prohibited Behavior

• Using the Service to harass, stalk, threaten, or harm any individual.
• Using AI coaching outputs to deceive, manipulate, or defraud others.
• Attempting to reverse-engineer, decompile, or extract source code from the app.
• Using automated tools (bots, scrapers) to access or extract data from the Service.
• Circumventing payment systems, including unauthorized access to premium features.
• Creating accounts for commercial purposes without our written consent.
• Sharing or reselling access to premium features.

5.3 Prohibited Use of AI Features

• Using AI-generated content to impersonate someone else.
• Using AI coaching to facilitate or enable illegal activities.
• Attempting to manipulate or "jailbreak" our AI systems to produce prohibited content.

5.4 Consequences

Violation of this Section may result in immediate suspension or termination of your account, forfeiture of unused Sparks and subscription time, and potential legal action where applicable.

6.1 Free Tier

DateWise offers a free tier with limited access to core features. Free users receive a limited number of Sparks upon registration to try premium features.

6.2 Sparks (Consumable Credits)

Sparks are in-app consumable credits used to access AI-powered features. Key terms:

• Sparks are purchased through the App Store (Apple) or Google Play (Google).
• Sparks have no cash value and are non-refundable once purchased.
• Sparks are non-transferable and tied to your account.
• Unused Sparks expire if your account is inactive for 12 consecutive months.
• Sparks are forfeited upon account deletion.

6.3 Pro Subscription

The Pro subscription provides unlimited access to premium features for a recurring monthly or annual fee.

• Subscriptions are billed in advance for the subscription period.
• Payment is charged to your Apple/Google account upon confirmation of purchase.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
• You may manage and cancel your subscription through your device's subscription settings (App Store or Google Play).
• No refunds are provided for the unused portion of an active subscription period, except where required by applicable law.

6.4 Price Changes

We reserve the right to change subscription prices with reasonable notice. Price changes will take effect at the start of your next billing cycle.

6.5 Refund Policy

All purchases are final, subject to applicable App Store or Google Play refund policies. Refund requests must be submitted through the respective platform (Apple or Google). We do not process refunds directly.

6.6 Taxes

Prices may be inclusive or exclusive of applicable taxes depending on your jurisdiction. You are responsible for any applicable taxes.

DateWise uses artificial intelligence to generate personalized coaching insights, suggestions, and recommendations. By using our AI features, you acknowledge and agree to the following:

7.1 Nature of AI Output

• AI-generated content is produced by automated systems and reflects patterns learned from data, not human judgment.
• Suggestions are probabilistic and based on general patterns, not specific knowledge of any individual person (including your matches).
• Results may not be accurate, appropriate, or suitable for every situation.

7.2 Not a Guarantee of Results

• DateWise does not guarantee that following our suggestions will result in more matches, dates, relationships, or any specific romantic outcome.
• Individual results vary significantly based on personal factors outside our control.

7.3 Not Professional Advice

• AI coaching outputs are not a substitute for professional psychological, therapeutic, relationship, or legal advice.
• If you are experiencing significant emotional distress related to dating or relationships, please consult a qualified mental health professional.

7.4 Your Responsibility

• You are solely responsible for how you use AI-generated suggestions.
• You should exercise your own judgment before using any suggested content in real interactions.
• We are not liable for any consequences arising from your use of AI-generated suggestions.

7.5 Third-Party Profiles

• When you submit a match's profile for analysis, you represent that you have obtained that profile content through normal use of the relevant dating application.
• Do not submit private information about others that was obtained improperly or without their public disclosure.

8.1 Our Property

The Service, including its original content, features, functionality, design, software, algorithms, logos, and trademarks, is owned by DateWise and its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our explicit written permission.

8.2 Your Content

You retain ownership of content you upload to the Service (photos, text, conversation excerpts). By uploading content, you grant DateWise a limited, non-exclusive, royalty-free license to process and analyze that content solely for the purpose of delivering the Service to you. This license terminates when you delete the content or your account.

8.3 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant us an unrestricted, royalty-free right to use such feedback for any purpose, without compensation or attribution to you.

8.4 AI Output

AI-generated coaching content produced for you through the Service is provided for your personal use. You may not resell, redistribute, or commercialize AI-generated outputs from DateWise.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share information about you when you use the Service. By using the Service, you agree to our collection and use of data as described in the Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference and forms part of this agreement. Please review our Privacy Policy at datewise.app/privacy.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DATEWISE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR AI-GENERATED OUTPUT.
• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DATEWISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT.
• DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED COACHING CONTENT.

IN NO EVENT SHALL DATEWISE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO DATEWISE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages, so the above limitations may not fully apply to you.

You agree to indemnify, defend, and hold harmless DateWise and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including AI-generated coaching outputs.
• Your User Content or anything you upload to the Service.
• Your violation of any third party's rights, including intellectual property rights.
• Your violation of any applicable law or regulation.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defense of such claim.

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Arbitration Agreement

Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You and DateWise each waive the right to a jury trial and to participate in class action lawsuits.

13.3 Small Claims Exception

Either party may bring an individual action in small claims court in the county of your residence or in Santa Clara County, California, provided the claim qualifies for small claims court.

13.4 Injunctive Relief

Notwithstanding the arbitration agreement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

13.5 Venue

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms.
• Provide prominent in-app notification of significant changes.
• Where required by law, seek your explicit consent to the revised Terms.

Your continued use of the Service after the effective date of any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

We recommend reviewing these Terms periodically. Material changes will not apply retroactively to disputes that arose before the change date.

15.1 Contact

For questions about these Terms of Service, please contact:

DateWise Support

Email: support@datewise.app

Subject: Terms of Service Inquiry

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DateWise regarding the Service and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.5 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at our discretion.

15.6 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.