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| 0 | Legal GRINDR TERMS AND CONDITIONS OF SERVICE GRINDR TERMS AND CONDITIONS OF SERVICE PATENTS U.S. Patents GRINDR TERMS AND CONDITIONS OF SERVICE Effective Date: 2025年9月11日 GRINDR TERMS AND CONDITIONS OF SERVICE Introduction Welcome to Grindr LLC’s (“Grindr”, “We”, “Us”, “Our”) mobile device software and web application (the “Grindr Software”), website, and any other mobile or web services or applications owned, controlled, or offered by Grindr now or in the future (collectively, the “Grindr Services”). | 0 | Legal 2026 Terms of Service 2026 GRINDR TERMS AND CONDITIONS OF SERVICE PATENTS U.S. Patents 2026 Terms of Service 2026 GRINDR TERMS AND CONDITIONS OF SERVICE Introduction Welcome to Grindr LLC’s (“Grindr”, “We”, “Us”, “Our”) mobile device software and web application (the “Grindr Software”), website, and any other mobile or web services or applications owned, controlled, or offered by Grindr now or in the future (collectively, the “Grindr Services”). |
| 5 | Continued use of the Grindr platform after modifications to this Agreement shall constitute Your acceptance of such modifications. | 5 | Continued use of the Grindr Services after modifications to this Agreement shall constitute Your acceptance of such modifications. |
| 7 | SECTION 2 3 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. | 7 | SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. |
| 10 | PLEASE SEE SECTION 23 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. | 10 | PLEASE SEE SECTION 21 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. |
| 11 | FOR RESIDENTS OF THE EUROPEAN UNION, UNITED KINGDOM, OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES: PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS (“SPECIAL TERMS”). | 11 | FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES: PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS (“SPECIAL TERMS”). |
| 13 | As explained in Section 10 below, please be aware that if You subscribe to Premium Services (as defined below), such as Grindr Xtra or Grindr Unlimited, then the terms of Your subscription will automatically renew at the end of Your subscription period at Grindr’s then-current fee for such services, unless You cancel Your subscription in accordance with Section 10 below and the instructions here. | 13 | As explained in Section 10 below, please be aware that if You subscribe to Premium Services (as defined below), such as Grindr Xtra, Grindr Unlimited or Grindr Edge, then the terms of Your subscription will automatically renew at the end of Your subscription period at Grindr’s then-current fee for such services, unless You cancel Your subscription in accordance with Section 10 below and the instructions here. |
| 14 | A notice to subscribers in California and other jurisdictions set forth in Section 26 (within the United States) or Special Terms (outside the United States), as applicable: You may cancel Your subscription and request a refund at any time prior to midnight of the third business day following the date You subscribed. | 14 | A notice to subscribers in California and other jurisdictions set forth in Section 24 (within the United States) or Special Terms (outside the United States), as applicable: You may cancel Your subscription and request a refund at any time prior to midnight of the third business day following the date You subscribed; if You subscribed using Your Apple ID, refunds are handled by Apple, not Grindr, and if You wish to request a refund, please visit https://getsupport.apple.com. |
| 15 | If You subscribed using Your Apple ID, refunds are handled by Apple, not Grindr. | — | Removed |
| 16 | If You wish to request a refund, please visit https://getsupport.apple.com. | — | Removed |
| 25 | BY ACCEPTING THIS AGREEMENT, CREATING A USER ACCOUNT (AS DEFINED BELOW), AND ENTERING A DATE OF BIRTH FOR AGE VERIFICATION PURPOSES, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT: ■ YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY); ■ YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT; ■ YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND ■ YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. | 23 | BY ACCEPTING THIS AGREEMENT, CREATING A USER ACCOUNT (AS DEFINED BELOW), AND COMPLETING THE AGE ASSURANCE PROCESS OR DECLARATION APPLICABLE IN YOUR JURISDICTION, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT: ■ YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY); ■ YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT; ■ YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND ■ YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. |
| 28 | YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE GRINDR SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE GRINDR SERVICES). | 26 | YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE GRINDR SERVICES AND YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS (WHETHER ON OR OFF THE GRINDR SERVICES). |
| 29 | GRINDR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS. ○ GRINDR DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF OUR USERS. | 27 | GRINDR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS. |
| 30 | GRINDR RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE. ○ GRINDR DOES NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT CREATION, INCLUDING THE ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE VERIFICATION PURPOSES. ○ GRINDR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. ○ GRINDR IS A SEX-POSITIVE PLATFORM. | 28 | YOU ACKNOWLEDGE AND AGREE THAT THE GRINDR PARTIES (DEFINED BELOW) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GRINDR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES. |
| 29 | IN COUNTRIES WHERE REQUIRED BY LAW, GRINDR MAY RECEIVE REPORTS AND REMOVE ANY ACCOUNTS OR CONTENT SUSPECTED OF VIOLATING APPLICABLE LAWS OR ITS COMMUNITY GUIDELINES AT ITS DISCRETION AND WITHOUT PRIOR NOTICE. ○ GRINDR DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF OUR USERS. | ||
| 30 | GRINDR RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE. ○ WHERE REQUIRED BY APPLICABLE LAW, GRINDR ATTEMPTS TO CONFIRM THAT ITS USERS ARE EIGHTEEN (18) YEARS OF AGE OR OVER. | ||
| 31 | TO LEARN MORE ABOUT THESE MEASURES VISIT OUR HELP CENTER . | ||
| 32 | THESE MEASURES ARE IMPERFECT. | ||
| 33 | IN OTHER JURISDICTIONS, GRINDR COLLECTS DATE OF BIRTH AT ACCOUNT CREATION AND EMPLOYS AUTOMATED AND MANUAL MODERATION MEASURES THAT SEEK TO DETECT AND ADDRESS POTENTIAL UNDERAGE USE. | ||
| 34 | GRINDR DOES NOT INDEPENDENTLY VERIFY THE ACCURACY OF USER-PROVIDED INFORMATION, INCLUDING THE ACCURACY OF BIRTHDATE INFORMATION FOR AGE ASSURANCE PURPOSES. ○ GRINDR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. ○ GRINDR IS A SEX-POSITIVE PLATFORM. | ||
| 32 | YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES. | 36 | YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE GRINDR SERVICES IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES. |
| 34 | YOU CAN DISABLE LOCATION SERVICES AT ANY TIME. ○ THE GRINDR SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM; USED WHILE DRIVING OR OPERATING VEHICLES; OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR WITH ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE GRINDR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. | 38 | YOU CAN DISABLE LOCATION SERVICES AT ANY TIME. |
| 35 | GRINDR IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. | — | Removed |
| 36 | OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES. | — | Removed |
| 40 | Subject to Section 23 and any mandatory laws that may apply in the country in which You reside, any claims arising from or related to Your relationship with Grindr and this Agreement are governed and interpreted by the laws of the State of California, USA. | 42 | Subject to Section 21 and any mandatory laws that may apply in the country in which You reside, any claims arising from or related to Your relationship with Grindr and this Agreement are governed and interpreted by the laws of the State of California, USA. |
| 42 | Those who access or use the Grindr Services from other locations do so at their own risk and are responsible for compliance with local law. | 44 | Users outside the United States should review the Special Terms for International Users at the end of this Agreement, which contain additional rights and protections applicable to their jurisdiction. |
| 45 | To the extent not addressed in the Special Terms, users in other locations are responsible for their own compliance with applicable local law. | ||
| 46 | If You are a resident of certain countries, including those in the European Union and United Kingdom, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. | 49 | If You are a resident of certain countries, including those in the European Economic Area, United Kingdom, Brazil, Argentina, Australia, Canada, Germany, India, Israel, Portugal, or Spain, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. |
| 53 | For example, as set forth in Section 1.2, by accepting this Agreement and creating a User Account, You affirmatively represent and warrant that You are a legal adult and that You have entered Your accurate date of birth for age verification purposes. | 56 | For example, as set forth in Section 1.2, by accepting this Agreement and creating a User Account, You affirmatively represent and warrant that You are a legal adult and that You have entered Your accurate date of birth or other required information for age assurance purposes. |
| 61 | Unless You submit the claim to Us within 30 days after the charge, You will have waived, to the fullest extent permitted by law, all claims against Us arising out of or otherwise related to the transaction. ■ You are responsible for taking all necessary precautions to ensure that any material You may obtain from Grindr is free of viruses or other harmful components. ■ Grindr is not responsible for any damage to Your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. | 64 | Unless You submit the claim to Us within 30 days after the charge, You will have waived, to the fullest extent permitted by law, all claims against Us arising out of or otherwise related to the transaction. |
| 69 | For information about how Grindr collects, uses, and shares Your personal data, please check out Our Privacy Policy. | 72 | For information about how Grindr collects, uses, and shares Your personal data, please check out Our Privacy Policy . |
| 70 | By using the Grindr Services, You agree that We may use Your personal data as set forth in Our Privacy Policy. | 73 | By using the Grindr Services, You agree that We may use Your personal data as set forth in Our Privacy Policy . |
| 72 | We reserve the right, at Our discretion, to modify, add, or discontinue the Grindr Services or any portion thereof, at any time, for any reason, and without liability to You except as provided in this Section 7. | 75 | We reserve the right, at Our discretion, to modify, add, or discontinue the Grindr Services or any portion thereof, at any time, for any reason, without notice and without liability to You except as provided in this Section 7. ○ If We make material changes to the Premium Services that: (a) reduce the functionality available to You on such Premium Service and (b) are mandatory (i.e., do not require You to update the Grindr Software to become effective); You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 10.3) and, upon request, receive a pro-rata refund for any amounts pre-paid, but unused for such Premium Services. ○ We reserve the right at any time to charge fees for access to all or portions of the Grindr Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for. |
| 73 | However, We reserve the right to make such modifications, additions, or discontinuances without notice, including if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. ○ If We make material changes to the Premium Services that: (a) reduce the functionality available to You on such Premium Service and (b) are mandatory (i.e., do not require You to update the Grindr Software to become effective); You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 10.3) and receive a pro-rata refund for any amounts pre-paid, but unused for such Premium Services. ○ We reserve the right at any time to charge fees for access to all or portions of the Grindr Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for. | — | Removed |
| 80 | Grindr Services and products are protected by various patents including: U.S. Patent Nos. 8,606,297, 9,749,429, 10,257,292, 10,447,791, 10,708,367, 11,102,310, and 11,973,840. . | 82 | Grindr Services and products are protected by various patents including: U.S. Patent Nos. 8,606,297, 9,749,429, 10,257,292, 10,447,791, 10,708,367, 11,102,310, and 11,973,840, 12,537,882. |
| 88 | Any violation of the Guidelines or this Agreement by Your User Content, as determined by Grindr, may result in Your User Account being banned and may lead to the termination of Your access to the Grindr Services. | 90 | Any violation of the Guidelines or this Agreement by Your User Content, as determined by Grindr, may result in Your User Account being banned and the termination of Your access to the Grindr Services. |
| 89 | YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES: You will NOT use the Grindr Services if You are not a legal adult; You will NOT communicate with another user that You know or believe may not be a legal adult; and You will immediately report any profiles or content that You believe are from minors or that depict minors on the Grindr Services, and You can report a user directly within the Grindr Services or via email to help@grindr.com ; You will NOT engage in any behavior that violates the Guidelines or other policies applicable to the Grindr Services; You will NOT use the Grindr Services or any information displayed within the Grindr Services to stalk, harass, abuse, defame, threaten, extort, defraud, or otherwise mistreat other Users; You will NOT violate the privacy or other rights of Users, or collect, attempt to collect, store, or disclose without permission the location of or personal information about other Users; You will NOT include obscene, offensive, pornographic, or violent materials, or materials that may otherwise offend human dignity (including, for example, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance) on Your Grindr Services personal profile page; You will NOT use the Grindr Services for any commercial or non-private use, such as the sale or advertisement of goods or services, attempts to conduct surveys through the Grindr Services, solicitation for services, or providing links to other websites or premium line telephone numbers; You will use the Grindr Services for personal, non-commercial use only in the manner and for the purposes that We intend; You will NOT use the Grindr Services; any System-Generated Content or User Content submitted by other Users (see definitions in Section 14 below); or any other data, output, or information received or derived from the Grindr Services, to directly or indirectly create, develop, customize, train, test, or otherwise improve any AI Technology. “AI Technology” means any machine learning or other artificial intelligence algorithm, model, model weights, parameters and hyperparameters, software, tool, system or technology, including, without limitation, any and all software and systems that make use of or employ deep learning or other neural networks, statistical learning algorithms, or reinforcement learning. | 91 | You agree to use the Grindr Services only for lawful purposes and in accordance with these Terms. |
| 90 | You will NOT anonymize, deidentify, or aggregate any Content (other than User Content that You create) or any other data, output or information received or derived from the Grindr Services, to directly or indirectly create, develop, customize, train, test, or otherwise improve any AI Technology; You will NOT use the Grindr Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his, her, or their express permission; You will NOT engage in any conduct that is harmful towards a person, including persons under the age of eighteen (18); You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Grindr Services. | 92 | The following conduct is strictly prohibited. |
| 91 | This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies; You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Grindr User Accounts of other Users; You will NOT misrepresent the source, identity or content of information transmitted via the Grindr Services; You will NOT display the Grindr application or profile data on any external display or monitor or in any public setting; You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Grindr Services, features that prevent or restrict use or copying of any content accessible through the Grindr Services, or features that enforce limitations on use of the Grindr Services; You will NOT intentionally interfere with or damage operation of the Grindr Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person; You will NOT use the Grindr Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; You will NOT use the Grindr Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Grindr Services could lead to death, personal injury, or physical or property damage; You will NOT attempt to gain unauthorized access to the Grindr Services, or any part of it, other accounts, computer systems or networks connected to the Grindr Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Grindr Services or any activities conducted on the Grindr Service; You will NOT probe, scan, or test the vulnerability of the Grindr Services or any system or network; use any robot, spider, scraper or other automated means to access the Grindr Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Grindr Services; modify the Grindr Services in any manner or form; use or develop any application or other product that interacts with the Grindr Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the Grindr Services, including for the purpose of obtaining unauthorized access to the Grindr Services; and You will NOT interfere with anyone’s ability to use or enjoy the Grindr Service, or aid or encourage any activity prohibited by this Agreement. | 93 | By using the Grindr Services, You agree that You will NOT: 1. |
| 94 | Use the Grindr Services if You are not a legal adult; You will NOT communicate with another user that You know or believe may not be a legal adult; and You will immediately report any profiles or content that You believe are from minors or that depict minors on the Grindr Services – You can report a user directly within the Grindr Services or via email to help@grindr.com ; 2. | ||
| 95 | Engage in any behavior that violates the Guidelines or other policies applicable to the Grindr Services; 3. | ||
| 96 | Use the Grindr Services or any information displayed within the Grindr Services to stalk, harass, abuse, defame, threaten, extort, defraud, impersonate, or otherwise mistreat other Users, including minors; 4. | ||
| 97 | Violate the privacy or other rights of Users, or collect, attempt to collect, store, or disclose without permission the location of or personal information about other Users; 5. | ||
| 98 | Include obscene, offensive, pornographic, libelous, harassing, non-consensual intimate imagery, violent materials, or materials that may otherwise offend human dignity (including, for example, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance), intentionally misleading, false or otherwise inappropriate material on Your Grindr Services personal profile page or in communications with other users; 6. | ||
| 99 | Use the Grindr Services for any commercial purpose, including to advertise, solicit, or transmit unsolicited commercial messages, promotional materials, spam, chain letters, or similar communications, without Grindr’s prior written authorization; 7. | ||
| 100 | Use the Grindr Services; any System-Generated Content or User Content submitted by other Users (see definitions in Section 14 below); or any other data, output, or information received or derived from the Grindr Services, to directly or indirectly create, develop, customize, train, test, or otherwise improve any AI Technology. “AI Technology” means any machine learning or other artificial intelligence algorithm, model, model weights, parameters and hyperparameters, software, tool, system or technology, including, without limitation, any and all software and systems that make use of or employ deep learning or other neural networks, statistical learning algorithms, or reinforcement learning. 8. | ||
| 101 | Anonymize, deidentify, or aggregate any Content (other than User Content that You create) or any other data, output or information received or derived from the Grindr Services, to directly or indirectly create, develop, customize, train, test, or otherwise improve any AI Technology; 9. | ||
| 102 | Use the Grindr Services for the commission or encouragement of any illegal act, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; 10. | ||
| 103 | Include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his, her, or their express permission; 11. | ||
| 104 | Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Grindr User Accounts of other Users; or misrepresent the source, identity or content of information transmitted via the Grindr Services; 12. | ||
| 105 | Intentionally interfere with or damage operation of the Grindr Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; 13. | ||
| 106 | Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person; 14. | ||
| 107 | Interfere with anyone’s ability to use or enjoy the Grindr Service, or aid or encourage any activity prohibited by this Agreement. | ||
| 109 | Important notice for users outside the United States: If You reside outside the United States, the Special Terms for International Users may provide You with additional cancellation and refund rights that supersede certain terms in this Section 10. | ||
| 110 | Please review the Special Terms applicable to Your jurisdiction before making any purchase. | ||
| 94 | Certain Services, such as Grindr Xtra or Grindr Unlimited, may be available only through creation of a User Account and payment of a fee (“Premium Services”). | 112 | Certain Services, such as Grindr Xtra, Grindr Unlimited or Grindr Edge, may be available only through creation of a User Account and payment of a fee (“Premium Services”). |
| 107 | IN ORDER TO CANCEL, YOU MUST UPDATE YOUR GRINDR SUBSCRIPTION SETTINGS IN YOUR ITUNES, GOOGLE PLAY, OR GRINDR WEB ACCOUNT, DEPENDING ON WHERE YOU ENROLLED. | 125 | IN ORDER TO CANCEL, YOU MUST UPDATE YOUR GRINDR SUBSCRIPTION SETTINGS IN YOUR APPLE ACCOUNT, GOOGLE PLAY, OR GRINDR APP, DEPENDING ON WHERE YOU ENROLLED. |
| 123 | All sales are final. | 141 | All sales are final . |
| 134 | Unless expressly provided otherwise in this Agreement (including Section 26 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries) or as otherwise required under applicable law, any and all payments made to Grindr are final and all charges are nonrefundable, and there are no refunds or credits for partially used periods. | 152 | Unless expressly provided otherwise in this Agreement (including Section 24 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries) or as otherwise required under applicable law, any and all payments made to Grindr are final and all charges are nonrefundable, and there are no refunds or credits for partially used periods. |
| 146 | ALL MICROTRANSACTIONS PURCHASES MADE THROUGH THE GRINDR SERVICES ARE FINAL AND NON-REFUNDABLE. | 164 | ALL MICROTRANSACTIONS PURCHASES MADE THROUGH THE GRINDR SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, INCLUDING AS PROVIDED IN THE SPECIAL TERMS FOR INTERNATIONAL USERS. |
| 147 | YOU ACKNOWLEDGE THAT GRINDR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. | 165 | YOU ACKNOWLEDGE THAT, SUBJECT TO APPLICABLE LAW, GRINDR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. |
| 166 | Third-Party Payment Processing . | ||
| 167 | To facilitate purchases made directly through Grindr outside of the Apple App Store or Google Play Store, Grindr may use third-party payment processors (a “Payment Processor”). | ||
| 168 | By submitting payment information through Grindr, You authorize Grindr and its applicable Payment Processor to charge Your payment method for the amounts due for Your selected subscription or purchase. | ||
| 169 | Where applicable, Your payment information may be collected and processed directly by Our Payment Processor and You may be required to agree to that Payment Processor’s terms of service and privacy policy as a condition of completing Your transaction. | ||
| 170 | You acknowledge that Your use of a Payment Processor’s services may be subject to its separate terms and privacy policy, and Grindr is not responsible for the actions or omissions of any Payment Processor. | ||
| 171 | For purchases processed directly through the Grindr Services (and not through an App Store), Grindr is the merchant of record for such transactions. | ||
| 172 | If Your payment method is declined or Your account has insufficient funds, Grindr reserves the right to suspend or terminate Your access to Premium Services until payment is received. | ||
| 173 | Your card issuer may charge You fees for overdrafts or declined transactions, and You are solely responsible for any such fees. | ||
| 174 | When you request a refund through a Payment Processor, we may share transaction, entitlement, and limited usage-related information with them to process or evaluate refund requests, prevent fraud or abuse, comply with platform requirements, and maintain the integrity of our services. | ||
| 170 | ACCORDINGLY, GRINDR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE GRINDR SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS; OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. | 197 | ACCORDINGLY, GRINDR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE GRINDR SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS; OR (B) SUSPEND OR TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. |
| 180 | Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 26 below. | 207 | Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 24 below. |
| 181 | If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. | 208 | If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your subscription at any time. |
| 186 | For example, We may deactivate Your User Account due to prolonged inactivity. | 213 | For example, We may cancel Your User Account due to prolonged inactivity. |
| 228 | You acknowledge that the System-Generated Content is produced using AI Technology and may not be accurate, complete or appropriate in all circumstances. | ||
| 229 | Where the Grindr Services use AI Technology to present or recommend profiles, the main parameters used by those recommendation systems - and your options to influence them - are described in our Recommender System Transparency Notice . | ||
| 206 | Grindr assumes no responsibility whatsoever in connection with or arising from Content. | 235 | Grindr does not endorse and is not responsible for Content submitted by other Users, and makes no warranties, express or implied, as to the accuracy or reliability of any Content. |
| 207 | Grindr assumes no responsibility for actively monitoring Content for inappropriate content. | 236 | While Grindr is not obligated to actively monitor all Content, Grindr voluntarily employs a combination of user reporting tools, automated content scanning, AI-based detection, and human Trust & Safety review as part of its efforts to identify and address inappropriate or policy-violating Content. |
| 208 | If at any time Grindr chooses, in its sole discretion, to monitor Content, Grindr nonetheless assumes no responsibility for the content of the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting Content. | 237 | Grindr’s Help Center provides additional information about how Grindr moderates content, including how You can report violations of these Terms or Grindr’s Community Guidelines, how Grindr investigates such reports, and what actions Grindr takes in response. |
| 209 | Further, Grindr does not endorse and has no control over the content of User Content submitted by other Users. | 238 | These methods are imperfect. |
| 210 | Grindr makes no warranties, express or implied, as to the Content or the accuracy and reliability of any Content. | 239 | The existence of these measures does not constitute an assumption of responsibility for any Content, nor an obligation or promise to modify or remove any particular Content, nor any responsibility for the conduct of Users submitting Content. |
| 211 | Nonetheless, Grindr reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time. | 240 | Grindr nonetheless reserves the right to restrict, edit, or remove User Content, and to suspend or terminate accounts, for any reason at any time in its sole discretion. |
| 215 | You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. | 244 | You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content, except where such waiver is not permitted under applicable law. |
| 261 | You agree that Grindr will not be liable to You for any such upgrades. | 290 | You agree that Grindr will not be liable to You for any such upgrades or if the upgrade is not compatible with Your device model. |
| 286 | OUR DISCLAIMERS; NO WARRANTIES TO YOU . | 315 | ADDITIONAL DISCLAIMERS OF WARRANTIES. |
| 287 | CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. | 316 | YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE GRINDR SERVICES IS AT YOUR SOLE RISK AND THE GRINDR SERVICES ON AN “AS IS” AND“AS AVAILABLE” BASIS, WITH ALL FAULTS., GRINDR, AND ITS SUPPLIERS, AFFILIATES (COLLECTIVELY, THE “GRINDR PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. |
| 288 | IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. | 317 | THE GRINDR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES); OR (C) YOUR USE OF THE SERVICES OR ANY CONTENT OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES (INCLUDING ANY LOCATION INFORMATION/FEATURES) WILL BE CORRECT, ACCURATE, OR RELIABLE, OR OTHERWISE GUARANTEE YOUR SAFETY. |
| 289 | PLEASE REFER TO THE “SPECIAL TERMS FOR INTERNATIONAL USERS” FOR CERTAIN EXCEPTIONS FOR SUCH USERS. | 318 | ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. |
| 290 | THE GRINDR SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GRINDR SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. | 319 | INDEMNIFICATION. |
| 291 | GRINDR, AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. | 320 | You will indemnify and hold the Grindr Parties harmless from any and all losses, liabilities, costs, damages, and expenses, including attorneys’ fee, arising out of or in any way related to: Your access to, use of (or inability to use), or misuse of the Grindr Services (including any negligent acts, omissions or willful misconduct by You and Your use or misuse of any location data); Your User Content; Your interactions with other users on the Grindr Services or off of the Grindr services Your violation of any of the rights of any other person or entity, including a user; Your breach of this Agreement or any other policies governing the Grindr Services, including the Guidelines; or Your violation of any applicable laws, rules or regulations. |
| 292 | GRINDR AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GRINDR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRINDR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. | 321 | Grindr reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are otherwise required to indemnify Us, in which event You agree to fully cooperate with Grindr in asserting any available defense. |
| 293 | GRINDR AND ITS SUPPLIERS AND LICENSORS (INCLUDING GRINDR’S THIRD-PARTY WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER GRINDR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. | 322 | LIMITATION OF LIABILITY . |
| 294 | YOU (AND NOT GRINDR OR ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE GRINDR SERVICES. | 323 | Disclaimer of Certain Damages. |
| 295 | YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GRINDR SERVICES AT YOUR OWN DISCRETION AND RISK. | 324 | YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT TO SUBSECTION 3 BELOW, UNDER NO CIRCUMSTANCES WILL THE GRINDR PARTIES BE LIABLE TO YOU FOR ANY LOSS OF DATA, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRINDR SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE GRINDR SERVICES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, TO THE EXTENT RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE GRINDR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; OR (C) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. 2. |
| 296 | GRINDR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE GRINDR SERVICES. | 325 | Cap on Liability . |
| 297 | ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GRINDR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. | 326 | TO THE FULLEST EXTENT PERMITTED BY LAW, SUBJECT TO SUBSECTION 3 BELOW, IN NO EVENT SHALL THE GRINDR PARTIES' TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU FOR ACCESSING THE GRINDR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM; (B) FIFTY ($50) DOLLARS USD; OR (C) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. 3. |
| 298 | GRINDR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE GRINDR SERVICES. | 327 | Exclusions . |
| 299 | WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THIS AGREEMENT OR FOR ANY SERVICE FAILURE IF THE DELAY OR FAILURE ARISES FROM ANY FORCE MAJEURE EVENT OR ANY CAUSE WHICH IS BEYOND OUR REASONABLE CONTROL. | 328 | THE LIMITATIONS OF LIABILITY UNDER SECTIONS 20.1 and 20.2 ABOVE DO NOT APPLY TO LIABILITY OF A GRINDR PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GRINDR PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A GRINDR PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 4. |
| 300 | YOUR INDEMNIFICATION OF US; YOU HOLD GRINDR HARMLESS. | 329 | User Content . |
| 301 | You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold Grindr (and its affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) harmless from any and all claims, demands, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees or any right of contribution, indemnification, subrogation, or any similar right, brought by a third party arising out of or in any way related to: Your access to, use of, or misuse of the Grindr Services (including any negligent acts, omissions or willful misconduct by You and Your use or misuse of any location data); User Content; Your interactions with other users on the Grindr Services or off of the Grindr services (including any violation by You of the rights of any other person or entity); Your breach of this Agreement or any other policies governing the Grindr Services, including the Guidelines; or Any third-party site, products, services, and links included on or accessed through the Grindr Service. | 330 | THE GRINDR PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. 5. |
| 302 | Grindr reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You will not in any event settle any claim without Our prior written consent. | 331 | Exclusion of Damages . |
| 303 | You agree to cooperate with Our defense of these claims. | 332 | CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES. |
| 304 | This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Grindr Services. | 333 | IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 6. |
| 305 | LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES . | 334 | Basis of the Bargain . |
| 306 | CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON LIABILITY. | 335 | THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL AND FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR. 21. |
| 307 | IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. | 336 | RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE. |
| 308 | PLEASE REFER TO THE SPECIAL TERMS FOR CERTAIN EXCEPTIONS FOR SUCH USERS. | — | Removed |
| 309 | YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GRINDR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 20, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, MULTIPLE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO ANY ACCIDENT, PHYSICAL OR MENTAL INJURY, DEATH, LOSS, OR OTHER CAUSE, OR TO ANY LOSS OF DATA, OR GOODWILL OR OTHER INTANGIBLE LOSS) RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE GRINDR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE GRINDR SERVICES; (D) THE GRINDR SERVICES GENERALLY (INCLUDING THE GRINDR SOFTWARE) OR SYSTEMS THAT MAKE THE GRINDR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | — | Removed |
| 310 | YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. | — | Removed |
| 311 | IN NO EVENT SHALL GRINDR’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GRINDR SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE GRINDR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY ($50) DOLLARS USD, WHICHEVER IS GREATER. | — | Removed |
| 312 | THIS SECTION 20 IS NOT INTENDED TO EXCLUDE LIABILITY THAT GRINDR MAY NOT EXCLUDE UNDER APPLICABLE LAW. | — | Removed |
| 313 | YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH GRINDR. | — | Removed |
| 314 | YOU ACKNOWLEDGE AND AGREE THAT GRINDR HAS OFFERED THE GRINDR SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. | — | Removed |
| 315 | YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GRINDR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR. | — | Removed |
| 316 | GRINDR WOULD NOT BE ABLE TO PROVIDE THE GRINDR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS. | — | Removed |
| 317 | YOU RELEASE US. | — | Removed |
| 318 | To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our affiliated companies, contractors, employees, agents, suppliers, licensors, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, property loss and damage, or any right of contribution, indemnification, or subrogation), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: Your access to, use of, or misuse of the Grindr Services (including Your use or misuse of any location data); User Content; System-Generated Content; Your interactions with other users on the Grindr Services or off of the Grindr services (including any violation by You of the rights of any other person or entity); Your breach of this Agreement or any other policies governing the Grindr Services, including the Guidelines; or Any third-party site, products, services, and links included on or accessed through the Grindr Service. | — | Removed |
| 319 | If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE. | — | Removed |
| 322 | You and Grindr agree that any dispute arising out of or relating in any way to Your use of or access to the Grindr Services, including the validity, scope, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Grindr in any way (collectively, “Covered Dispute Matters” or “Disputes”), will be resolved in accordance with the provisions set forth in this Section 23. | 339 | You and Grindr agree that any dispute arising out of or relating to Your use of or access to the Grindr Services, including the validity, scope, interpretation, breach, enforcement, or termination of this Agreement, or to the use, payment for, or provision of the Grindr Services (collectively, “Covered Dispute Matters” or “Disputes”), will be resolved by arbitration in accordance with the provisions set forth in this Section 21. |
| 340 | The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Conference process required by this section. | 357 | The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process including any Conference as required by this section. |
| 375 | You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this provision to arbitrate. | 392 | You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this provision to arbitrate. |
| 378 | To increase the efficiency of administration and resolution of arbitrations, You and Grindr agree that in the event that there are twenty-five (25) or more individual requests for arbitration of a substantially similar nature filed against Grindr by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). | 395 | To increase the efficiency of administration and resolution of arbitrations, You and Grindr agree that in the event that there are twenty-five (25) or more individual requests for arbitration of a substantially similar nature filed against Grindr by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, AAA shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). |
| 385 | This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this subsection. | 402 | This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or representative arbitration or action of any kind, except as expressly set forth in this subsection, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. |
| 407 | Your continued use of Grindr or Grindr Services will constitute acceptance to any amendment to this Arbitration Agreement. | ||
| 409 | Grindr will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement. | ||
| 415 | However, if Section 21.9 of this Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Los Angeles County, California. | ||
| 399 | IF YOU ARE NOT A NEW GRINDR USER, YOU HAVE UNTIL THIRTY-ONE (31) DAYS AFTER THE POSTING OF MATERIAL CHANGES TO THE ARBITRATION PROVISION TO SUBMIT AN ARBITRATION OPT-OUT NOTICE. | 419 | IF YOU ARE NOT A NEW GRINDR USER, YOU HAVE UNTIL THIRTY-ONE (31) DAYS AFTER THE POSTING OF MATERIAL CHANGES TO THE ARBITRATION PROVISION TO SUBMIT AN OPT-OUT NOTICE TO THE UPDATED ARBITRATION PROVISION. |
| 401 | In order to opt-out, within thirty-one (31) days after You accept the terms of this Agreement for the first time, or the modified terms following a material change of this Arbitration Agreement, You must email Your legal name, mailing address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: arbitrationoptout@grindr.com . | 421 | In order to opt-out, within thirty-one (31) days after You accept the terms of this Agreement for the first time, or the modified terms following a material change of this Arbitration Agreement, You must email Your legal name, mailing address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and a copy of your signature to: arbitrationoptout@grindr.com . |
| 404 | If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 16 through 20 (16 -Advertising; 17 – End User Licenses; 18 – Our Disclaimers; No Warranties to You, 19 – Your Indemnification of Us; You Hold Grindr Harmless, and 20 – Limitation of Our Liability and of Your Damages), Section 21 (You Acknowledge the Benefit of the Bargain with Grindr), and Section 23.11 (Judicial Forum) will continue to apply to You. | 424 | If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 16 through 20 (16 – Advertising; 17 – End User Licenses; 18 – Additional Disclaimers of Warranties; 19 – Indemnification; and 20 – Limitation of Liability), and Section 21.11 (Judicial Forum for Legal Disputes) will continue to apply to You. |
| 406 | BY AGREEING TO THIS AGREEMENT, YOU AND GRINDR HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE. | 426 | BY AGREEING TO THIS AGREEMENT, YOU AND GRINDR HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE). |
| 422 | (Note that We reserve the right to terminate accounts for a single infringement as well pursuant to Section 9). | 442 | (Note that We reserve the right to terminate accounts for a single infringement as well pursuant to Section 9 or without prior notice). |
| 424 | Grindr’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Grindr LLC Attention: Copyright Agent Email: dmca@grindr.com For clarity, only notices under this Section should go to the Grindr Designated Copyright Agent. | 444 | Grindr’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Grindr LLC Attention: Copyright Agent Email: dmca@grindr.com For clarity, only notices under this Section 22 should go to the Grindr Designated Copyright Agent. |
| 425 | You acknowledge that if You fail to comply with all of the requirements of this Section 24, Your Digital Millennium Copyright Act (“DMCA”) notice may not be valid. | 445 | You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your Digital Millennium Copyright Act (“DMCA”) notice may not be valid. |
| 429 | To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 25, the more restrictive or conflicting terms and conditions in this Section 25 apply, but solely with respect to Grindr Software from the Apple App Store: Acknowledgement. | 449 | To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 23, the more restrictive or conflicting terms and conditions in this Section 23 apply, but solely with respect to Grindr Software from the Apple App Store: Acknowledgement. |
| 446 | Grindr’s contact information for any end-user questions, complaints or claims with respect to Grindr Software is set forth in Section 29.8 below. | 466 | Grindr’s contact information for any end-user questions, complaints or claims with respect to Grindr Software is set forth in Section 27.8 below. |
| 460 | You may review the New Yor k Dating Service Consumer Bill of Rights . | 480 | You may review the New York Dating Service Consumer Bill of Rights . |
| 469 | Grindr may revise this Agreement from time to time. | 489 | Subject to Section 21.10, Grindr may revise this Agreement from time to time. |
| 476 | To give Grindr notice, You may do so through the physical and email addresses provided in Section 29.8 and such notice will be effective upon receipt. | 496 | To give Grindr notice, You may do so through the physical and email addresses provided in Section 27.8 and such notice will be effective upon receipt. |
| 482 | The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the Grindr Services: 1-4, 5.3, 5.4, 6-8, 10.6, 10.7, 11, 12, 14-16, 17 (excluding 17.2), 18-25, and 29. | 502 | The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the Grindr Services: 1-4, 5.3, 5.4, 6-8, 10.6, 10.7, 11, 12, 14-16, 17 (excluding 17.2), 18-23, and 27. |
| 484 | Grindr’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Grindr) are third-party beneficiaries of all the rights, protections, and benefits afforded Grindr under this Agreement, including Section 24. | 504 | Grindr’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Grindr) are third-party beneficiaries of all the rights, protections, and benefits afforded Grindr under this Agreement, including Section 21. |
| 495 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law: Cancellation within 14-day cancellation period. | 515 | Thple following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law: Cancellation within 14-day cancellation period. |
| 510 | Content Moderation. | — | Removed |
| 511 | Proactive Technologies . | — | Removed |
| 512 | We use certain machine learning-powered technologies to proactively identify User Content that violates or may violate this Agreement, Our Community Guidelines, and/or applicable laws (Our “Standards”). | — | Removed |
| 513 | We use machine learning algorithms to enhance our manual, human-led moderation system to review User Content, including profile text, media (uploaded and shared via chat or other features), and messages for content that violates Our Standards. | — | Removed |
| 514 | Such algorithms also review profile photos and scan profiles to identify content that does not adhere to Our Standards. | — | Removed |
| 515 | This means that profiles may be automatically banned immediately after violating Our Standards. | — | Removed |
| 516 | We may remove or restrict any User Content that We believe violates Our Standards. | — | Removed |
| 517 | We may stop providing all or part of the Service to You if You violate Our Standards. | — | Removed |
| 518 | For more information on Our approach to content moderation, see here . | — | Removed |
| 519 | Fraud, CSEA Content, and other Priority Content . | — | Removed |
| 520 | Key examples of User Content that violates Our Standards include fraud content, child sexual abuse and exploitation content, drug content and other specific types of ‘priority illegal content.’ Reports . | — | Removed |
| 521 | If You encounter User Content that You think violates Our Standards, You can report it to Us by following the steps set out here . | — | Removed |
| 522 | Complaints . | — | Removed |
| 523 | If You have a complaint about Our Standards, or believe Your account has been terminated in error or Your User Content has been removed in error, You can submit a complaint using the details set out in Section 29(8). | — | Removed |
| 524 | For example, You may submit a complaint if You believe that We have used proactive technologies in a way that breaches or is not contemplated by this Agreement – such as removing User Content that is not of a kind contemplated as being subject to such proactive technologies. | — | Removed |
| 525 | Breaches . | — | Removed |
| 526 | You have the right to bring a claim for breach of contract if We have terminated or suspended Your account, or removed or restricted Your User Content, in breach of this Agreement. | — | Removed |
| 528 | IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (COMPETENT AUTHORITIES AND INFORMATION) REGULATIONS 2015 AS AMENDED BY THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (AMENDMENT) REGULATIONS 2015 , THE AGREEMENT TO ARBITRATE IN SECTION 23 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 23.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. | 531 | IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (COMPETENT AUTHORITIES AND INFORMATION) REGULATIONS 2015 AS AMENDED BY THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (AMENDMENT) REGULATIONS 2015 , THE AGREEMENT TO ARBITRATE IN SECTION 21 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 21.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. |
| 529 | PLEASE READ SECTION 23.11 CAREFULLY. | 532 | PLEASE READ SECTION 21.11 CAREFULLY. |
| 532 | Nothing in these terms and conditions, including, without limitation, Section 23, affects Your rights as a consumer to rely on such mandatory provisions of local law. | 535 | Nothing in this Agreement, including, without limitation, Section 21, affects Your rights as a consumer to rely on such mandatory provisions of local law. |
| 534 | The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 23, in which We agree that all disputes not subject to the terms of Section 23 will be heard in courts located in Los Angeles, California, USA. | 537 | The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 21, in which We agree that all disputes not subject to the terms of Section 21 will be heard in courts located in Los Angeles, California, USA. |
| 536 | But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 23 and reserves the right to contest that it is not subject to the jurisdiction of any other court. | 539 | But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 21 and reserves the right to contest that it is not subject to the jurisdiction of any other court. |
| 537 | EUROPEAN UNION. | 540 | EUROPEAN ECONOMIC AREA (“EEA”). |
| 538 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EU resident to the extent required by applicable law. | 541 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EEA resident to the extent required by applicable law. |
| 555 | IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN SECTION 23 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 23.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. | 558 | IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN SECTION 21 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 21.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. |
| 556 | PLEASE READ SECTION 23.11 CAREFULLY. | 559 | PLEASE READ SECTION 21.11 CAREFULLY. |
| 557 | OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE : OUT-OF-COURT DISPUTE SETTLEMENTS UNDER THE DIGITAL SERVICE ACT (“DSA”) MAY APPLY TO YOU IN CERTAIN CIRCUMSTANCES IF YOU ARE A RECIPIENT OF THE GRINDR SERVICES AND ARE LOCATED IN THE EUROPEAN UNION. | 560 | OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE : OUT-OF-COURT DISPUTE SETTLEMENTS UNDER THE DIGITAL SERVICE ACT (“DSA”) MAY APPLY TO YOU IN CERTAIN CIRCUMSTANCES IF YOU ARE A RECIPIENT OF THE GRINDR SERVICES AND ARE LOCATED IN THE EUROPEAN ECONOMIC AREA. |
| 561 | Nothing in these terms and conditions, including, without limitation, Section 23, affects Your rights as a consumer to rely on such mandatory provisions of local law. | 564 | Nothing in this Agreement, including, without limitation, Section 21, affects Your rights as a consumer to rely on such mandatory provisions of local law. |
| 563 | The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 23, in which We agree that all disputes not subject to the terms of Section 23 will be heard in courts located in Los Angeles, California, USA. | 566 | The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 21, in which We agree that all disputes not subject to the terms of Section 21 will be heard in courts located in Los Angeles, California, USA. |
| 565 | But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 23 and reserves the right to contest that it is not subject to the jurisdiction of any other court. | 568 | But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 21 and reserves the right to contest that it is not subject to the jurisdiction of any other court. |
| 567 | In addition to the terms set forth above for EU residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law: Language. | 570 | In addition to the terms set forth above for EEA residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law: Language. |
| 570 | Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions. | 573 | Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to this Agreement. |
| 576 | In addition to the terms set forth above for EU residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law: Language. | 579 | In addition to the terms set forth above for EEA residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law: Language. |
| 579 | Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions. | 582 | Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to this Agreement. |
| 585 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a German resident to the extent required by applicable law: Consent to Deletion of Data. | 588 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a German resident: Liability Limitations. |
| 586 | You understand that through Your use of the Grindr Services, You consent to the deletion of Your data, (e.g. Your chat messages) to other users as soon as they are delivered. | 589 | The following applies in lieu of any conflicting or inconsistent language in this Agreement, in particular clause 20 of this Agreement: We are solely liable as follows: We are liable without limitation in accordance with the statutory provisions (i) for damages resulting from injury to life, body or health; (ii) in the case of intent; (iii) in the event of gross negligence; and (iv) in accordance with the Product Liability Act. |
| 587 | Liability Limitations. | 590 | Without limiting the foregoing, we are liable for slight negligence only in the event of a breach of a "material" obligation under this contract (“Kardinalpflichten”). |
| 588 | The following applies in lieu of any conflicting or inconsistent language in the Terms and Conditions of Service: Wir sind ausschließlich wie folgt haftbar: Wir haften unbeschränkt gemäß den gesetzlichen Bestimmungen (i) für Schäden die aus der Verletzung von Leben, Körper oder Gesundheit entstehen; (ii) bei Vorsatz; (iii) bei grober Fahrlässigkeit; und (iv) gemäß dem Produkthaftungsgesetz. | 591 | "Material" obligations in this sense are duties that are necessary for the performance of the contract, the violation of which would jeopardize the achievement of the purpose of the contract, and on whose compliance you may therefore regularly rely. |
| 589 | Ohne dass dies das Vorstehende einschränkt haften wir für leichte Fahrlässigkeit nur im Falle der Verletzung einer „wesentlichen” Pflicht aus diesem Vertrag. „Wesentliche” Pflichten in diesem Sinne sind Pflichten, die für die Erfüllung des Vertrags nötig sind, deren Verletzung die Erreichung des Vertragszwecks in Frage stellen würde, und auf deren Einhaltung Du daher regelmäßig vertrauen darfst. | 592 | In these cases, liability is limited to contract-typical and foreseeable damages; in other cases, we are not liable for slight negligence. |
| 590 | In diesen Fällen ist die Haftung beschränkt auf vertragstypische und vorhersehbare Schäden; in sonstigen Fällen besteht keine Haftung für leichte Fahrlässigkeit. | 593 | To the extent that Grindr's liability is excluded or limited under the above provision, this shall also apply to Grindr's liability for its legal representatives, employees and vicarious agents. |
| 591 | Soweit die Haftung von Grindr nach den vorstehenden Vorschriften ausgeschlossen oder beschränkt ist, gilt dies auch für die Haftung von Grindr für seine gesetzlichen Vertreter, Mitarbeiter und Erfüllungsgehilfen. | 594 | These limitations of liability will remain in effect beyond the end of the contractual relationship with you and Grindr and beyond the duration of your use of the Grindr Services. |
| 592 | Diese Haftungsbegrenzungen bleibt über das Ende des Vertragsverhältnisses mit Dir und Grindr sowie über die Dauer Deiner Nutzung der Grindr Services hinaus wirksam. | 595 | Price Amendments . |
| 593 | Price Increases. | 596 | In addition to Section 7, We will increase or decrease prices and modify the Service in the following cases: increased operating costs, general inflationary increases, additional value due to added services, and increases in vendor costs. |
| 594 | Notwithstanding Section 7, We will only increase prices and modify the Service as permitted by German law. | — | Removed |
| 598 | Grindr may only terminate Your account if You breach this Agreement or violate the law. | 600 | Grindr may only terminate Your account if You breach this Agreement or violate the law, subject to Sections 13.4 and 13.5. Grindr will issue any refunds required by German law in the event of termination. |
| 599 | Grindr will issue any refunds required by German law in the event of termination. | — | Removed |
| 605 | Sections 23 (Arbitration) and/or 23.15 (Class Action Waiver) will not apply to You if any such provision is unenforceable under the laws of Your Province of residence. | 606 | Sections 21 (Arbitration) and/or 21.15 ( Waiver of Certain Rights) will not apply to You if any such provision is unenforceable under the laws of Your Province of residence. |
| 606 | Section 23.11 will continue to apply in all such cases. | 607 | Section 21.11 will continue to apply in all such cases. |
| 632 | If You are a resident of Argentina, the notice and takedown policy in section 24 will not apply to You. | 633 | If You are a resident of Argentina, the notice and takedown policy in Section 22 will not apply to You. |
| 653 | In addition, consistent with applicable Brazilian law, Grindr proactively and/or under notification removes certain categories of serious illegal content — including child sexual abuse material (CSAM) and other violations of minors’ rights, content inciting terrorism, content facilitating human trafficking, content promoting hate speech or discrimination, and content related to gender-based violence — without requiring prior notification. | ||
| 654 | Grindr reserves the right to notify the victims, report the cases to the appropriate national and international authorities, and pursue other legal remedies in accordance with applicable law. | ||
| 655 | If You believe Your content has been removed in error, You may submit a complaint to help@grindr.com and request review of the removal decision. | ||
| 656 | We will keep the application logs under confidentiality, in a controlled and safe environment, for six (6) months from Your subscription date, pursuant to applicable Brazilian Law. | 660 | We will keep the application logs under confidentiality, in a controlled and safe environment, for the statutory period pursuant to applicable Brazilian Law. |
| 657 | We reserve the right to disclose the application logs and/or any other records of Your account, including private communications, in order to comply with court orders. | — | Removed |
| 661 | The provisions related to limitation of liability established under this Agreement may, as a general rule, not apply to You, as the obligation to indemnify is a rule of public order in Brazil. | 664 | The provisions related to limitation of liability established under this Agreement may not apply to You to the extent of Grindr’s actions. |
| 662 | You and We are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it. | — | Removed |
| 671 | Removal of Certain Obscene or Offensive Content. | — | Removed |
| 672 | Any resident of India, or any individual on behalf of such resident, has the right to report and request prompt removal of any content that shows or depicts such individual in full or partial nudity or in any sexual act or conduct, or that in any way impersonates the individual. | — | Removed |
| 673 | Any such content may be reported to Grindr by contacting Grindr’s Grievance Officer via email to help.india@grindr.com. | — | Removed |
| 675 | Any personnel of the Indian government or an authorized agency may report and request the removal of unlawful information, or report and request Grindr’s assistance with an investigation into cybersecurity incidents or other offenses, by contacting Grindr’s Grievance Officer via email to help.india@grindr.com . | 674 | Any authorized personnel or agency of the Indian government may report and request the removal of unlawful information, or report and request Grindr’s assistance with an investigation into cybersecurity incidents or other offenses, by contacting Grindr’s Grievance Officer via email to help.india@grindr.com . |
| 677 | In addition to the prohibited conduct and uses set forth in Section 9.3, and for the avoidance of doubt, You are not allowed to host, display, upload, modify, publish, transmit, store, update or share any information that: Belongs to another person and is information to which the user does not have any right; is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to any applicable laws; Is harmful to a child; Infringes any patent, trademark, copyright or other proprietary rights; Violates any applicable law; Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; Impersonates another person; Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and/or Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. | 676 | In addition to the prohibited conduct and uses set forth in Section 9.3, and for the avoidance of doubt, You are not allowed to host, display, upload, modify, publish, transmit, store, update or share any information that: Belongs to another person and is information to which the user does not have any right; Is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm, or otherwise promoting enmity between different groups on the basis of religion or caste with the intent to incite violence; Is harmful to a person under the age of eighteen (18) years; Infringes any patent, trademark, copyright or other proprietary rights; Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature; Impersonates another person; Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; Is in the nature of an online game that is not verified as a permissible online game; Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or any online gaming intermediary offering such an online game; Violates any law for the time being in force; Is synthetically generated and violates any law for the time being in force, including the Information Technology Act, 2000, Bharatiya Nyaya Sanhita, 2023, Protection of Children from Sexual Offences Act, 2012, Explosive Substances Act, 1908, and any such synthetically generated information that: (a) contains child sexual exploitative and abuse material, non-consensual intimate imagery content, or is obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, vulgar, indecent or sexually explicit; or (b) results in the creation, generation, modification or alteration of any false document or false electronic record; or (c) relates to the preparation, development or procurement of explosive material, arms or ammunition; or (d) falsely depicts or portrays a natural person or real-world event by misrepresenting, in a manner that is likely to deceive, such person’s identity, voice, conduct, action, statement, or such event as having occurred, with or without the involvement of natural person; or Is otherwise prohibited under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including Rules 3(1)(b) and 3(3)(i). |
| 677 | Licenses. | ||
| 678 | Notwithstanding anything contained in Section 30A of the (Indian) Copyright Act, 1957, any licenses granted under this Agreement, including to Your User Content and Feedback, in so far as it relates to copyrightable material shall not lapse nor shall the rights transferred therein revert to you, even if Grindr does not exercise the rights under the license within a period of one (1) year from the date of license. | ||
| 679 | You hereby waive any right to and shall not raise any objection or claims to such license. | ||
| 680 | You hereby acknowledge the sufficiency of the consideration of the mutual covenants contained herein, in respect of any licenses granted under this Agreement. | ||
| 681 | To the extent the waiver of moral rights under Section 14.7 of this Agreement is not enforceable pursuant to applicable law, you grant us the necessary rights to use Your User Content without attribution and to make reasonable adaptations of Your User Content as necessary to render the Grindr Services. | ||
| 682 | You shall execute all appropriate documents to perfect the foregoing in favor of Grindr. | ||
| 684 | Please note that Grindr reserves the right, in its sole discretion, to terminate the account or access of any user of the app, who is the subject of repeated infringement notifications. | 689 | Please note that Grindr reserves the right, in its sole discretion, to terminate or suspend the account or access of any user of the app, who is the subject of violations of this Agreement. |
| 686 | Grindr will inform its users of any modifications to these Terms and Conditions of Service by posting them on the website. | 691 | Grindr will inform its users of any modifications to this Agreement by posting them on the website and/or through such other means as may be required under applicable law. |
| 687 | If You have registered with Grindr, We will describe the modifications to these Terms and Conditions of Service in an email and will send to the email address associated with Your account. | — | Removed |
| 689 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of Israel, to the extent required by applicable law: Cancellation Rights. | 693 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of Israel, to the extent required by applicable law: Nature of Premium Services . |
| 690 | You have the right to cancel Your Premium Services fourteen (14) calendar days without giving any reason. | 694 | This section supersedes Sections 10.1, 10.2, 10.3 and 10.7 with respect to Israeli residents. |
| 691 | The cancellation period will expire after fourteen (14) calendar days from Your purchase of the Premium Services. | 695 | Grindr’s Premium Services are provided on an ongoing, indefinite basis with periodic billing cycles. |
| 692 | To exercise the right to cancel Your Premium Services during the fourteen (14) day cancellation period, You must inform Us at help@grindr.com of Your decision to cancel by a clear statement. | 696 | There is no fixed subscription term. |
| 693 | We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. | 697 | You may cancel at any time as set forth below, and Grindr will only be entitled to payment for the portion of the billing cycle during which Premium Services were actually provided up to the date Grindr processes Your cancellation request (the “Effective Cancellation Date”). |
| 694 | To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. | 698 | For the avoidance of doubt, this Section 11 does not apply to Microtransactions (Section 10.9), which are one-time purchases and not continuing services. |
| 695 | We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. | 699 | Cancellation Rights . |
| 696 | To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. | 700 | You have the right to cancel Your Premium Services within fourteen (14) calendar days after purchase without giving any reason. |
| 697 | There are no separate cancellation fees but there are no refunds except as provided herein. | 701 | To exercise Your right to cancel, You may do so through any of the following channels: ● In app or account settings: Update Your subscription settings in Your Apple Account, Google Play, or Grindr Web Account, depending on where You enrolled; or ● Email: Contact us at help@grindr.com with a clear statement of Your decision to cancel. |
| 698 | We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. | 702 | We will communicate to You an acknowledgment of receipt of such cancellation without delay. |
| 699 | You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation, (excluding any free trial period where no payment was taken) and We will therefore not refund You for that portion of Your Premium Services. | 703 | To meet any applicable cancellation deadline, it is sufficient for You to send Your communication before the deadline has expired. |
| 700 | We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. | 704 | Upon cancellation, Your refund rights are set forth in Section 11.3 below. |
| 705 | Pro-Rata Refund Upon Cancellation . | ||
| 706 | Upon cancellation, Grindr will refund You a pro-rata amount of any fees You have pre-paid for Premium Services corresponding to the unused portion of the then-current billing cycle following the Effective Cancellation Date. | ||
| 707 | You will not be charged for (i) any billing cycle that begins after the Effective Cancellation Date; or (ii) any free trial period during which no payment was taken. | ||
| 708 | We will make the refund without undue delay and no later than fourteen (14) days after the Effective Cancellation Date. | ||
| 710 | Price Changes . | ||
| 711 | Grindr may change the periodic fee for Premium Services prospectively. | ||
| 712 | We will provide You with advance notice of any price change before it takes effect, and any such change will apply only to billing cycles beginning after the notice period. | ||
| 713 | If You do not agree to the new price, You may cancel Your Premium Services before the price change takes effect in accordance with Section 11.2 above. | ||
| 714 | Arbitration Will Not Apply to You. | ||
| 715 | Any dispute procedure deriving from this Agreement will be resolved by a competent Court of the relevant User’s address. | ||
| 703 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of a jurisdiction with laws which may require notice of cancellation rights, to the extent required by applicable law: Cancellation Rights. | 717 | The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of a jurisdiction with laws which may require notice of cancellation rights, to the extent required by applicable law: Cancellation Rights . |
| 706 | Effective Date: The earlier of September 11, 2025, or user acceptance. | 720 | Effective Date: The earlier of July 6, 2026, or user acceptance. |
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