Terms of Service Agreement

  1. Introduction

    This agreement outlines the terms and conditions under which you may use the virtual speed dating platform (“Service”) provided by DateNight AI. By accessing and using the Service, you agree to be bound by the following terms and conditions.

  2. User Eligibility

    The Service is intended for individuals who are 18 years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into this agreement.

  3. User Responsibility

    You are solely responsible for your conduct on the Service, and for all information, data, text, photographs, graphics, and other content that you upload, post, or otherwise transmit through the Service. You agree not to use the Service for any illegal or unauthorized purposes, and to comply with all applicable laws and regulations.

  4. Proprietary Rights

    The Service and its original content, features, and functionality are owned by DateNight AI and are protected by international copyright, trademark, and other intellectual property laws. You may not use any trademark, service mark, trade name, or logo of DateNight AI without our prior written consent.

  5. Background Checks

    DateNight AI does not perform background checks on users of the Service. It is your responsibility to take appropriate precautions in all interactions with other users of the Service, especially if you decide to meet in person.

  6. Disclaimer of Warranties

    The Service is provided “as is” and DateNight AI makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, or products included on the Service. DateNight AI does not warrant that the Service will be uninterrupted or error-free.

  7. Limitation of Liability

    DateNight AI shall not be liable for any damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

  8. Termination

    DateNight AI reserves the right, at its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, with or without notice and with or without cause.

  9. Entire Agreement

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  10. Governing Law

    Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.

    1. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, Section 10(b) of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class Action or jury trial, as set out in Section 10(b) hereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against the Company must be resolved in a federal or state court located in New York, NY, USA or as described in the Arbitration provision below. Both you and the Company retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that the state or federal courts located in New York, NY, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with Section 10(b) hereof (or for any proceeding seeking relief in aid of such arbitration) or in the event that the Arbitration provision below is for any reason held to be unenforceable.
    2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the Company, you agree to first contact us within 30 days of when the dispute arises at team@datenight.ai and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 10(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in New York, NY, USA, unless you request a hearing in your hometown area or you and the Company agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules, but if you are unable to pay any of them, the Company will pay them for you. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Company will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.
    3. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
    4. Indemnity. You agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account; (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations.
    5. Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

  11. Payment Terms and Conditions

    1. Deposit Model. For certain events, users may be required to make a deposit to secure their spot. This deposit acts as a commitment to attend the event. If a user fails to attend the event without prior cancellation, or agrees to tip/donate their deposit, the deposit will not be refunded and will be charged as follows:

      1. Failure to Attend: If you do not attend the event, your deposit will be forfeited and will not be refunded.
      2. Voluntary Donation/Tip: If you choose to donate or tip your deposit to DateNight AI, this amount will be non-refundable.
    2. Fee Model. Some events may have a flat participation fee. By registering for such events, you agree to be charged this fee. This fee will be non-refundable except under the conditions specified below:

    3. Cancellation and Refunds. If you decide to cancel your RSVP for an event, no charges (either from the deposit or the flat fee model) will be applied provided that:

      1. You cancel your RSVP before receiving your event schedule.
      2. You have fewer dates than the minimum specified in the event instructions.

      Under these conditions, your deposit or participation fee will be fully refunded. Any other scenarios not covered under these conditions will be subject to the full charges as per the chosen model (deposit or flat fee).

  12. Changes to the Terms of Service

    You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

  13. Contact

    If you have any questions about these terms, please contact DateNight AI at team@datenight.ai.