Terms and Conditions of Use

Version 2026-05-07-strike-and-chargeback · Effective May 7, 2026

TERMS AND CONDITIONS OF USE

Kream & Sugar Dating LLC

Last Updated: April 20, 2026

Effective Date: April 20, 2026

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KREAM & SUGAR DATING LLC. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH HEREIN, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE IN ANY MANNER WHATSOEVER.

1. INTRODUCTION, ACCEPTANCE OF TERMS, AND MODIFICATIONS

1.1 Parties and Agreement

These Terms and Conditions of Use (hereinafter referred to as "Terms," "Terms and Conditions," "Terms of Use," or this "Agreement") constitute a legally binding contractual agreement by and between you, the individual accessing or using the Service (hereinafter referred to as "User," "you," "your," or "yourself"), and Kream & Sugar Dating LLC, a limited liability company duly organized and existing under the laws of the State of North Carolina (hereinafter referred to as the "Company," "we," "us," or "our"), governing your access to and use of the Kream & Sugar dating application (including all mobile, web, and desktop versions thereof), the website located at https://kreamandsugardating.com and any subdomains thereof, and all related services, features, content, functionality, tools, games, virtual cafes, interactive experiences, application programming interfaces, and any other products or offerings provided by the Company in connection therewith (collectively, the "Service" or "Services").

1.2 Acceptance of Terms

BY CREATING AN ACCOUNT, DOWNLOADING OR INSTALLING THE APPLICATION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE IN ANY MANNER, YOU HEREBY ACKNOWLEDGE, REPRESENT, AND WARRANT THAT: (A) YOU HAVE READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THESE TERMS; (B) YOU VOLUNTARILY AND KNOWINGLY AGREE TO BE LEGALLY BOUND BY ALL SUCH PROVISIONS; AND (C) YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND DELETE YOUR ACCOUNT.

1.3 Modifications to Terms

The Company reserves the right, in its sole and absolute discretion, to amend, modify, supplement, or replace these Terms, in whole or in part, at any time and from time to time. In the event that the Company makes any material changes to these Terms, the Company shall provide you with notice of such changes by one or more of the following methods: (a) electronic mail sent to the email address associated with your account; (b) in-app notification; or (c) posting a revised version of these Terms on the Service with an updated "Last Updated" date. Such notice shall be provided no fewer than thirty (30) calendar days prior to the effective date of any material changes. Your continued access to or use of the Service after the effective date of any such modifications shall constitute your binding acceptance of the modified Terms. If you do not agree to any modification, amendment, or supplement to these Terms, your sole and exclusive remedy shall be to discontinue your use of the Service and to delete your account in accordance with Section 17 herein. The Company shall not be liable to you or to any third party for any modification, amendment, or supplement to these Terms made in accordance with this Section.

1.4 Incorporation of Community Guidelines

The Company maintains a separate document titled "Community Guidelines," which provides a plain-language summary of the rules of conduct, the strike system, the zero-tolerance behaviors, and the moderation processes that govern your use of the Service. The Community Guidelines are hereby incorporated into, and form an integral part of, this Agreement by reference, with the same force and effect as if fully set forth herein. In the event of any conflict, ambiguity, or inconsistency between the Community Guidelines and these Terms, the provisions of these Terms shall control. The current version of the Community Guidelines is accessible at https://kreamandsugardating.com/community-guidelines and within the Service under Settings, Safety Center. By accessing or using the Service, you acknowledge that you have read, understood, and agree to comply with the Community Guidelines as in effect from time to time.

2. ELIGIBILITY REQUIREMENTS

2.1 Minimum Age Requirement

You must be at least eighteen (18) years of age at the time of account creation to access or use the Service. By creating an account, accessing, or using the Service, you represent, warrant, and covenant that you are at least eighteen (18) years of age as of the date of your registration and that you have not previously misrepresented your age in connection with any prior registration or use of the Service. The Company reserves the right, in its sole discretion, to request documentary proof of age at any time, including but not limited to government-issued identification, and to immediately suspend or terminate, without notice or liability, any account where the Company has reasonable grounds to believe that the User is under the age of eighteen (18).

2.2 Legal Capacity

You represent and warrant that you possess the full legal right, power, capacity, and authority to enter into this Agreement and to be bound by its terms and conditions in your jurisdiction of residence. If you are accessing or using the Service on behalf of another individual or entity, you represent and warrant that you have the authority to bind such individual or entity to these Terms, and all references to "you" and "your" herein shall refer jointly and severally to you individually and to such individual or entity.

2.3 Prohibited Users

You are strictly prohibited from accessing or using the Service if any of the following conditions apply:

(a) You have been previously suspended, banned, removed, or otherwise terminated from the Service by the Company for any reason;
(b) You are a registered sex offender on any federal, state, local, or international sex offender registry;
(c) You have been convicted of, or have entered a plea of guilty or nolo contendere to, any felony offense, or any misdemeanor involving violence, domestic violence, sexual assault, sexual misconduct, fraud, identity theft, stalking, harassment, or exploitation, in any jurisdiction;
(d) You are prohibited from receiving products or services originating from the United States under the laws of the United States or any other applicable jurisdiction;
(e) You are accessing the Service using a device, device identifier, or device fingerprint that has been previously banned or restricted from the Service by the Company.

2.4 Geographic Availability

The Service is presently available to Users located within the United States of America and Canada. The Company makes no representations, warranties, or guarantees that the Service is appropriate, available, legal, or accessible in any other geographic location. Users who access or use the Service from jurisdictions outside the United States or Canada do so at their own initiative and are solely responsible for compliance with all applicable local, state, national, and international laws, statutes, regulations, and ordinances.

3. ACCOUNT REGISTRATION, AUTHENTICATION, AND SECURITY

3.1 Account Creation and Registration

In order to access and use the Service, you are required to create an account by providing accurate, current, truthful, and complete registration information, including but not limited to: (a) a valid and functioning email address that you own and control; (b) a valid telephone number in E.164 format, limited to United States and Canadian numbers with a country code of +1; and (c) your true and accurate date of birth. You hereby agree and covenant that you shall maintain and promptly update your account information to ensure that it remains accurate, current, and complete at all times throughout the duration of your use of the Service. The provision of false, misleading, inaccurate, or incomplete registration information constitutes a material breach of these Terms and may result in the immediate suspension or termination of your account, without notice or liability.

3.2 Account Authentication and Security

The Service utilizes a passwordless authentication system. Authentication is performed through one-time passcodes ("OTPs") delivered via email or SMS, OAuth-based social login providers (including but not limited to Google, Apple, and Facebook), or other authentication mechanisms as may be implemented by the Company from time to time. You are solely and exclusively responsible for: (a) maintaining the confidentiality and security of any OTPs, authentication tokens, login links, or other credentials associated with your account; (b) ensuring that no unauthorized person gains access to your email account or telephone number through which authentication credentials are delivered; (c) refraining from sharing, disclosing, or transferring your authentication credentials to any third party for any reason whatsoever; and (d) promptly notifying the Company of any actual or suspected unauthorized access to, or use of, your account by contacting us at [email protected]. The Company shall not be liable for any loss, damage, or harm arising from your failure to comply with this Section.

3.3 One Account Per Person

Each natural person may create, maintain, and operate only one (1) active account on the Service at any given time. The creation, maintenance, or operation of multiple accounts by the same individual, whether through the use of different email addresses, phone numbers, devices, or any other means of circumvention, is expressly prohibited and constitutes grounds for the immediate and permanent termination of all accounts associated with such individual, without prior notice and without refund of any kind.

3.4 Account Responsibility and Liability

You acknowledge and agree that you are fully responsible and liable for all activities, actions, and transactions that occur under or through your account, whether or not such activities were authorized by you, except to the extent that such unauthorized activities are the direct and proximate result of the Company's failure to implement and maintain commercially reasonable security measures. Without limiting the foregoing, you shall be solely responsible for any messages sent, content uploaded, purchases made, or interactions conducted through your account.

4. USER CONDUCT, EXPECTED BEHAVIOR, AND PROHIBITED ACTIVITIES

4.1 General Standards of Conduct

You acknowledge and agree that the Service is intended and designed solely for the purpose of facilitating genuine, good-faith romantic connections and social interactions between its Users. You agree to conduct yourself at all times with respect, dignity, honesty, and civility in all interactions with other Users, whether such interactions take place on the Service, at Company-organized Events, or in any other context. You further agree to act in compliance with all applicable federal, state, local, and international laws, statutes, regulations, and ordinances while using the Service. We recommend that Users exercise discretion and limit discussions related to sensitive and potentially divisive topics, including but not limited to religion and politics, as such discussions can easily lead to conflict and detract from the intended dating experience.

4.2 Prohibited Conduct and Activities

You hereby acknowledge, agree, and covenant that you shall NOT engage in any of the following conduct or activities in connection with the Service. Any violation of the prohibitions set forth in this Section may, in the sole and absolute discretion of the Company, result in enforcement actions as described in Section 11, up to and including permanent termination of your account and referral to law enforcement authorities:

4.2.1 Harassment, Abuse, Bullying, and Intimidation

(a) Harass, bully, intimidate, stalk, threaten, or otherwise engage in abusive or aggressive behavior toward any other User or any employee, contractor, or representative of the Company;
(b) Send repeated, persistent, or unwanted messages, communications, or contact attempts to any User after such User has indicated, either expressly or by implication (including through the use of the blocking feature), that they do not wish to receive further communications from you;
(c) Use derogatory, discriminatory, demeaning, or hateful language, slurs, epithets, or characterizations directed at any person or group on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, gender, sex, gender identity, gender expression, sexual orientation, age, disability, medical condition, genetic information, marital status, military or veteran status, citizenship, immigration status, or any other characteristic protected under applicable federal, state, local, or international law;
(d) Engage in sexual harassment of any kind, including but not limited to the sending of unsolicited or unwanted sexual messages, sexual comments, sexual advances, requests for sexual favors, or the creation of a hostile, offensive, or intimidating environment for any User;
(e) Engage in doxxing, which is defined as the research, compilation, or public disclosure of another User's private, personal, or identifying information (including but not limited to full legal name, home address, telephone number, email address, place of employment, financial information, or photographs not already publicly available) without such User's prior express written consent;
(f) Engage in, organize, coordinate, facilitate, or encourage any form of coordinated harassment, brigading, pile-on attacks, or mass reporting campaigns directed at any User or group of Users.

4.2.2 Inappropriate, Harmful, and Prohibited Content and Media

(a) Send, upload, transmit, post, share, or otherwise make available any content that is sexually explicit, pornographic, obscene, lewd, lascivious, or otherwise inappropriate;
(b) Send, upload, transmit, post, share, or otherwise make available any content depicting nudity, partial nudity, or sexually suggestive poses, except as may be expressly permitted by the Company's content guidelines;
(c) Send, upload, transmit, post, share, or otherwise make available any content depicting or promoting violence, gore, self-harm, suicide, harm to animals, or harm to any person;
(d) Send, upload, transmit, post, share, or otherwise make available any content involving, depicting, exploiting, or sexualizing minors (persons under the age of eighteen) in any manner whatsoever, regardless of whether such content is real, simulated, drawn, computer-generated, or otherwise artificial in nature;
(e) Send, upload, transmit, post, share, or otherwise make available non-consensual intimate imagery ("NCII"), colloquially known as "revenge porn," of any person, regardless of whether such imagery was originally created or obtained with consent;
(f) Upload, transmit, post, share, or otherwise make available any deepfake, AI-generated, synthetically produced, or digitally manipulated images, video, audio, or other media that depict, purport to depict, or are designed to appear to depict any real person without the express written consent of such person;
(g) Upload photographs, images, or media to which you do not own or possess a valid license, right, or authorization to use and distribute;
(h) Share, transmit, post, or otherwise make available spam, unsolicited commercial communications, advertisements, promotional material, chain letters, pyramid schemes, or any other form of unauthorized solicitation.

4.2.3 Fraud, Deception, Misrepresentation, and Financial Exploitation

(a) Create, maintain, or operate a profile that is false, fraudulent, misleading, deceptive, or that misrepresents your identity, appearance, age, gender, location, intentions, or any other material characteristic;
(b) Impersonate or attempt to impersonate any other person, User, entity, or the Company, including by using another person's name, likeness, photograph, biographical information, or identity;
(c) Misrepresent, falsify, or materially omit your age, identity, professional affiliations, relationship status, or intentions for using the Service;
(d) Use the Service for any commercial purpose, including but not limited to commercial solicitation, advertising, promotion, marketing, lead generation, or recruitment, without the prior express written consent of the Company;
(e) Engage in or attempt to engage in romance scams, advance-fee fraud, phishing, social engineering, confidence schemes, financial fraud, or any other form of deception designed to obtain money, property, personal information, or any other thing of value from another User;
(f) Catfish, which is defined as the creation or use of a false, fictitious, or stolen identity for the purpose of deceiving, misleading, defrauding, or manipulating other Users;
(g) Solicit, offer, request, demand, accept, or exchange money, gifts, financial instruments, cryptocurrency, property, or other compensation or consideration of any kind in exchange for dates, meetings, companionship, romantic attention, sexual services, intimate encounters, or any other transactional arrangement.

4.2.4 Sex Trafficking, Commercial Sexual Activity, and FOSTA-SESTA Compliance

The Service is intended, designed, and operated exclusively for the purpose of facilitating genuine, non-transactional romantic and social connections between consenting adults. The Company expressly and unequivocally prohibits the use of the Service for any form of commercial sexual activity, sex trafficking, or sexual exploitation. Without limiting the generality of the foregoing, you agree that you shall NOT:

(a) Use the Service, directly or indirectly, for the purpose of prostitution, escort services, sexual companionship for hire, or any exchange of sexual services, acts, or performances for money, gifts, property, or any other form of compensation or consideration;
(b) Use the Service to facilitate, promote, encourage, advertise, solicit, or engage in sex trafficking, human trafficking, or the sexual exploitation of any person, as those terms are defined under applicable federal and state law, including but not limited to 18 U.S.C. 1591 and 18 U.S.C. 2421A;
(c) Use the Service to solicit, offer, advertise, or facilitate any form of commercial sexual activity, including but not limited to "sugar" arrangements, pay-for-play arrangements, or any arrangement in which the provision of sexual acts, sexual companionship, or intimate encounters is conditioned upon or exchanged for financial or material compensation;
(d) Use the Service to recruit, entice, coerce, compel, or transport any person for the purpose of engaging in commercial sex acts, sexual servitude, or forced labor of any kind.

The Company actively monitors for and prohibits any and all forms of transactional sexual arrangements conducted through the Service. The Company will cooperate fully and without reservation with all federal, state, and local law enforcement agencies investigating suspected sex trafficking, commercial sexual exploitation, or violations of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA). The Company reserves the right, in its sole discretion, to report any suspected sex trafficking, exploitation, or abuse to the National Center for Missing & Exploited Children (NCMEC), the Federal Bureau of Investigation (FBI), and any other applicable law enforcement agency, without prior notice to the affected User.

4.2.5 Recording of Conversations and Privacy Violations

The recording of voice chats, voice messages, conversations, and other real-time communications conducted through the Service is governed by applicable federal and state law. Users are solely responsible for understanding and complying with the recording consent laws of their jurisdiction and the jurisdiction of the other party or parties to the communication. The following provisions shall apply:

All-Party Consent Jurisdictions. If you or any other participant in a voice chat or real-time communication is physically located in any of the following jurisdictions at the time of the communication, the express, informed, and affirmative consent of ALL parties to the communication is required before any recording may lawfully take place: the State of California (Cal. Penal Code Section 632), the State of Connecticut (for electronic communications), the State of Florida (Fla. Stat. Section 934.03), the State of Illinois (720 ILCS 5/14-2), the State of Maryland (Md. Code, Cts. & Jud. Proc. Section 10-402), the Commonwealth of Massachusetts (Mass. Gen. Laws ch. 272, Section 99), the State of Montana (Mont. Code Ann. Section 45-8-213), the State of New Hampshire (N.H. Rev. Stat. Ann. Section 570-A:2), the State of Oregon (for telephone and electronic communications, pursuant to ORS 165.540), the Commonwealth of Pennsylvania (18 Pa.C.S. Section 5704), and the State of Washington (Wash. Rev. Code Section 9.73.030). Recording without the consent of all parties in these jurisdictions constitutes a violation of applicable state law and a material breach of these Terms.

One-Party Consent Jurisdictions. In all other United States jurisdictions and the District of Columbia, at least one (1) party to the conversation must consent to the recording. If you are the party initiating the recording, your own consent shall be sufficient to satisfy the one-party consent requirement under applicable state law. Notwithstanding the foregoing, you remain subject to and must comply with all platform rules set forth below.

Company Recording and Automated Moderation Notice. You expressly acknowledge, consent to, and authorize the Company's recording, transcription, and automated analysis of voice chat, voice messages, text messages, biographical text, and free-form game answers transmitted through the Service for the purpose of detecting and preventing solicitation, sexual content involving minors, harassment, illegal activity, and other violations of these Terms. Specifically:

(i) Voice cafes. When you participate in a voice cafe, your audio is captured at the device level while the microphone is active and uploaded to the Company's servers in short segments (approximately five (5) seconds in length) for automated analysis. The audio is processed by Company-engaged automated speech-to-text and content-classification services. Audio segments confirmed as violations are persisted in dedicated Company-controlled cloud object storage for up to thirty (30) days for review and dispute; non-flagged audio is discarded immediately after analysis.
(ii) Voice messages. When you send a voice message in a direct message, your recording is uploaded to the Company's servers and transcribed by a Company-engaged automated speech-to-text service operating under a zero-retention configuration; the resulting transcript is then analyzed by a Company-engaged automated content-classification service. Voice-message audio confirmed as a violation is persisted in dedicated Company-controlled cloud object storage for up to thirty (30) days for review and dispute; non-flagged audio is retained for the lifetime of the message thread in accordance with the Privacy Policy.
(iii) Text messages, biographical text, and game answers. All text messages, biographical content, and free-form game answers transmitted through the Service are screened synchronously by a Company-engaged automated content-classification service prior to acceptance. Submissions that the classifier flags are blocked, recorded as a violation, and may result in an account strike.
(iv) Visible recording indicator. During a voice cafe session, a circular recording indicator is displayed on each participant's avatar to provide contemporaneous notice that voice capture and analysis are active. A pre-session screen during matchmaking additionally states: "Voice chat is recorded and analyzed for safety."
(v) No marketing or third-party machine-learning use. The Company has executed data processing agreements with each Company-engaged automated speech-to-text and content-classification service, including zero-retention provisions: such services do not retain your audio or text content beyond the request lifecycle, and do not use your content to train, fine-tune, or improve any machine-learning model. Recorded audio, transcripts, and the contents of your text messages are not sold, shared for marketing purposes, or used to train any third party's machine-learning models.
(vi) Strikes and enforcement. Detected violations result in escalating enforcement actions including content blocking, account strikes, suspension, and, where required by law (including the FOSTA-SESTA Act and 18 U.S.C. Section 2258A), referral of confirmed child-sexual-abuse material to the National Center for Missing and Exploited Children. Referrals to the National Center for Missing and Exploited Children are made by Company personnel based on a human review of the underlying evidence; the automated pipeline does not file reports without human authorization.
(vii) By using the Service after the effective date of these Terms, you affirmatively consent to the recording, transcription, and automated analysis described in this Section 4.2.5 in every jurisdiction in which you participate, including all-party-consent jurisdictions, for so long as you continue to use the Service.

Specific Consent to Voice Recording and Automated Analysis. By accepting these Terms, you specifically and affirmatively consent to the collection, storage, transmission to Company-engaged automated speech-to-text and content-classification sub-processors, and automated analysis of your voice recordings for the sole and exclusive purpose of content-safety analysis described in this Section 4.2.5. Voice recordings are not used to identify you, are not converted into a voiceprint or other biometric identifier, and are not used for any purpose other than the content-safety analysis described above. Voice recordings are not sold, leased, traded, or otherwise disclosed to any third party other than the sub-processors engaged for the content-safety analysis described in this Section 4.2.5 and as required by law. Voice recordings are retained only for the periods set forth in subsection (i) above. You may withdraw this consent at any time by deleting your account, which will result in the deletion of all voice recordings associated with your account in accordance with Section 7.5.2 of the Privacy Policy. This specific-consent provision is intended to satisfy the written-consent requirements of the Illinois Biometric Information Privacy Act (740 ILCS 14/15(b)), the Texas Capture or Use of Biometric Identifier statute (Tex. Bus. & Com. Code Section 503.001), and the Washington biometric-identifier statute (Wash. Rev. Code Section 19.375.020), and any analogous state-law requirement, to the maximum extent that such laws apply to the content-safety analysis described in this Section 4.2.5.

Platform Rules Applicable to All Users Regardless of Jurisdiction. In addition to and without limiting any obligations imposed by applicable law, all Users agree to the following platform rules regarding recordings:

(a) You shall not use any recording of another User for the purpose of harassment, intimidation, defamation, extortion, blackmail, coercion, or any other illegal, tortious, or otherwise wrongful purpose;
(b) You shall not distribute, publish, broadcast, transmit, or otherwise make available any non-consensual intimate, sexual, or private recording of any User under any circumstances;
(c) You may share recordings of your experience on the Service for personal, social media, review, or marketing purposes, provided that such sharing: (i) does not violate any other provision of these Terms; (ii) does not include intimate, private, or sexual content of other Users disclosed without their consent; and (iii) complies with all applicable laws;
(d) When sharing content about your experience on the Service, you may reference publicly visible profile information of other Users (i.e., first name, age, and general location as displayed on their profile); however, you shall not disclose, publish, or share any other User's private contact information, full legal name, home address, telephone number, email address, or other personal details not displayed on their public profile;
(e) You must comply with all applicable federal and state laws regarding the interception, recording, and disclosure of wire, oral, and electronic communications, including but not limited to the federal Wiretap Act, 18 U.S.C. Sections 2510-2522.

THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT OTHER USERS WILL COMPLY WITH APPLICABLE RECORDING LAWS, THESE TERMS, OR THE PLATFORM RULES SET FORTH HEREIN. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU PARTICIPATE IN VOICE CHATS, VOICE CALLS, AND OTHER REAL-TIME COMMUNICATIONS THROUGH THE SERVICE AT YOUR OWN RISK AND THAT THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED RECORDING BY ANY OTHER USER.

4.2.6 Additional Privacy Violations

(a) Collect, compile, harvest, mine, scrape, store, or otherwise accumulate personal information, data, or metadata about other Users without their prior express consent;
(b) Use any information obtained from or through the Service to contact, communicate with, solicit, or market to Users outside of the Service without their prior express consent.

4.2.7 Technical Misuse, Unauthorized Access, and Interference

(a) Use any robot, bot, spider, crawler, scraper, automated tool, script, macro, or other automated device, process, or means to access, interact with, index, copy, monitor, data-mine, or otherwise extract data from the Service;
(b) Attempt to gain or actually gain unauthorized access to any other User's account, to the Company's computer systems, servers, networks, databases, or to any part of the Service not intended for your use;
(c) Interfere with, disrupt, impair, overburden, or otherwise negatively affect the proper functioning, performance, security, or availability of the Service, its servers, networks, or infrastructure;
(d) Reverse-engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, object code, algorithms, data structures, trade secrets, or underlying ideas of the Service or any part thereof;
(e) Circumvent, disable, bypass, defeat, override, or otherwise interfere with any technological protection measures, security features, access controls, encryption mechanisms, or digital rights management systems implemented by the Company;
(f) Exploit, take advantage of, or otherwise utilize any bugs, glitches, errors, vulnerabilities, or defects in the Service for any purpose (Users who discover such issues are encouraged to report them to the Company);
(g) Attempt to bypass, circumvent, or evade any device ban, IP address ban, geographic restriction, account suspension, or account termination imposed by the Company through any means whatsoever, including but not limited to the creation of new accounts, the use of different devices, the alteration of device identifiers, or the use of virtual private networks (VPNs), proxy servers, anonymizing services, or other tools designed to conceal your identity or location.

4.2.8 Illegal Activities

(a) Use the Service for any purpose that is illegal, unlawful, fraudulent, or prohibited under applicable federal, state, local, or international law;
(b) Facilitate, promote, encourage, solicit, or engage in any illegal activity through the Service, including but not limited to the trafficking or distribution of controlled substances, prostitution, sex trafficking, human trafficking, money laundering, terrorist financing, wire fraud, identity theft, or any other criminal offense;
(c) Violate any applicable federal, state, local, national, or international law, statute, ordinance, rule, regulation, order, treaty, or directive in connection with your use of the Service.

4.3 Reporting of Violations

Users are strongly encouraged to promptly report any suspected violations of these Terms, any illegal activity, or any behavior that threatens the safety or well-being of any User by utilizing the in-app reporting feature. All reports are reviewed by the Company's moderation team and may result in enforcement actions as described in Section 11 of these Terms. The Company treats all reports with appropriate seriousness; however, the submission of a report does not obligate the Company to take any specific action, and the Company reserves sole discretion in determining what enforcement measures, if any, are appropriate.

5. SUBSCRIPTIONS, PAYMENTS, BILLING, AND REFUNDS

5.1 Free and Paid Services

The Service offers both free and paid subscription tiers, each providing access to different features, functionality, and capabilities. Certain features of the Service are available only to Users who maintain an active paid subscription at the applicable tier level. Current subscription tiers, their associated features, and their applicable pricing are displayed within the Service and may also be published on the Company's website. The Company reserves the right, in its sole and absolute discretion, to modify, add, remove, or reassign features available at any subscription tier at any time, with or without notice to Users. All subscription fees and product prices are denominated and charged in United States Dollars (USD) unless otherwise expressly stated at the time of purchase.

5.2 Subscription Terms and Auto-Renewal

(a) Auto-Renewal. All paid subscriptions shall automatically renew at the end of each applicable billing period (monthly, quarterly, annually, or such other period as may be offered) unless and until you affirmatively cancel your subscription prior to the commencement of the next renewal period.
(b) Authorization to Charge. By subscribing to a paid tier, you hereby expressly authorize the Company and its designated payment processors — including Braintree (a service of PayPal, Inc.) for web and direct purchases, Apple Inc. ("Apple") for purchases made through the Apple App Store, and Google LLC ("Google") for purchases made through the Google Play Store (each, a "Payment Channel") — to charge your selected payment method for the applicable subscription fee on a recurring basis at the beginning of each billing period, and you agree that such charges may be submitted and processed without further notice to you, except as required by applicable law.
(c) Advance Billing. Subscription fees are billed in advance for each billing period at the time of renewal.
(d) Cancellation. You may cancel your subscription at any time through your account settings within the Service or by contacting the Company's support team at [email protected]. Cancellation shall be effective as set forth in Section 5.6 below.

5.3 Payment Processing

Payments for subscriptions, standalone products, and in-app purchases may be processed through one or more of the following Payment Channels, depending on how and where you access the Service:

(a) Web and Direct Purchases. Payments made through the Company's website or directly within the Service (outside of a third-party app store) are processed by Braintree, a service of PayPal, Inc. (hereinafter "Braintree"). By providing your payment information to Braintree in connection with the Service, you agree to be bound by Braintree's applicable terms of service, privacy policy, and acceptable use policy, which are available at https://www.braintreepayments.com/legal. The Company does not directly receive, store, process, or have access to your full credit card number, debit card number, or complete bank account information. All payment data is handled in accordance with Braintree's security standards and applicable Payment Card Industry Data Security Standard (PCI DSS) requirements.
(b) Apple App Store Purchases. If you purchase a subscription or Digital Product through the Apple App Store, the transaction is processed and managed exclusively by Apple Inc. in accordance with Apple's then-current App Store terms and conditions, including Apple's Media Services Terms and Conditions. The Company does not receive, process, or have access to your Apple payment information. All billing inquiries, payment disputes, and refund requests for Apple App Store purchases must be directed to Apple. The Company cannot issue, modify, or override refunds for purchases made through the Apple App Store. Apple's refund policies, as determined by Apple in its sole discretion, shall govern all such transactions.
(c) Google Play Store Purchases. If you purchase a subscription or Digital Product through the Google Play Store, the transaction is processed by Google LLC in accordance with Google Play's then-current terms of service. The Company may, in certain circumstances, issue refunds for Google Play purchases through Google's developer tools, subject to the automated refund schedule described in Section 5.6(a). However, you acknowledge that Google may also independently process refund requests submitted directly by users through the Google Play Store in accordance with Google's own refund policies, including automatic approval of refund requests submitted within Google's designated refund window (which, as of the effective date of these Terms, is forty-eight (48) hours from the time of purchase), regardless of the Company's automated refund schedule. The Company does not receive, process, or have access to your Google payment information. For additional details on refund handling for Google Play purchases, see Section 5.6.1(b).

5.3.1 Failed Payments and Past-Due Accounts

In the event that a recurring subscription payment fails (e.g., due to an expired card, insufficient funds, or a declined transaction), the Payment Processor may automatically retry the charge in accordance with its standard retry schedule. During the period in which a payment remains past due, the Company reserves the right, in its sole discretion, to suspend your access to premium features, functionality, and content associated with your paid subscription tier until valid payment is successfully collected. If a past-due payment is not resolved within a commercially reasonable period, the Company may cancel your subscription and revert your account to the free tier. You are solely responsible for ensuring that the payment method on file remains valid, current, and funded at all times throughout the duration of your subscription.

5.4 Price Changes

The Company reserves the right to change, modify, increase, or decrease subscription prices and fees at any time, in its sole discretion. Any price change shall be communicated to you by email or in-app notification no fewer than ten (10) calendar days prior to the effective date of such change. Price changes shall apply to the next billing cycle commencing after the expiration of the notice period and shall not apply retroactively to the current billing period.

5.5 Promotions, Discounts, and Trial Periods

The Company may, from time to time and in its sole discretion, offer promotional pricing, discount codes, coupon codes, referral credits, trial periods, or other special offers (collectively, "Promotions"). Promotions may be subject to additional terms and conditions, limitations, and eligibility requirements, including but not limited to:

(a) Geographic eligibility restrictions based on the User's IP-derived geolocation, including country, state, province, or city;
(b) Eligibility restrictions based on the User's subscription status (e.g., new Users only, existing subscribers only, users of a specific subscription tier);
(c) Per-User usage limits (e.g., maximum number of times a single User may redeem a Promotion);
(d) Time-limited availability with defined start and end dates;
(e) Minimum subscription tier requirements;
(f) Behavioral eligibility criteria, including but not limited to activity thresholds and engagement requirements.

Promotional pricing shall not be applied retroactively to prior billing periods. Promotions may not be combined with any other offer, discount, or promotion unless the Company expressly states otherwise in the applicable Promotion's terms. The Company reserves the right to modify, suspend, or terminate any Promotion at any time without prior notice or liability.

Free Trial Periods. Where a Promotion includes a free trial period, you will not be charged during the trial period. However, at the expiration of the trial period, your subscription will automatically convert to a paid subscription at the applicable subscription tier's then-current price, and the payment method on file will be charged accordingly, unless you cancel your subscription before the trial period ends. The Company or the Payment Processor will notify you prior to the end of the trial period to remind you of the upcoming conversion to a paid subscription. It is your sole responsibility to cancel before the trial period expires if you do not wish to incur charges. Failure to cancel before the trial period ends constitutes your authorization to charge the payment method on file for the applicable subscription fee on a recurring basis.

5.6 Prorated Refund Policy

The following refund policies shall apply to subscriptions and purchases made through the Service. IMPORTANT: Subsections (a) through (d) apply exclusively to subscriptions and purchases made through Web and Direct Purchases (Braintree) and, where applicable, through the Google Play Store. Refunds for purchases made through the Apple App Store are governed solely by Section 5.6.1 below.

(a) Voluntary Cancellation by User — Automated Refund Schedule. In the event that you voluntarily cancel your paid subscription, you shall receive a prorated refund for the unused portion of your current billing period, calculated according to the following automated refund schedule based on your subscription's billing period. By subscribing, you acknowledge, understand, and agree to this pre-negotiated refund schedule:
- (i) Weekly Subscriptions. Refunds shall be calculated in whole-day increments. Upon cancellation, you shall be refunded for each full, unused calendar day remaining in the current weekly billing period. Partial days shall not be refunded; any day on which your subscription was active for any portion of that day shall be considered a used day.
- (ii) Monthly Subscriptions. Refunds shall be calculated in whole-week increments, with each week defined as a seven (7) calendar day block commencing from the start date of the current billing period. Upon cancellation, you shall be refunded for each full, unused week remaining in the current monthly billing period. Any week in which your subscription was active for any portion shall be considered a used week and shall not be refunded.
- (iii) Quarterly (Three-Month) Subscriptions. Refunds shall be calculated in whole-month increments, with each month defined as a calendar month block commencing from the start date of the current billing period. Upon cancellation, you shall be refunded for each full, unused month remaining in the current quarterly billing period. Any month in which your subscription was active for any portion shall be considered a used month and shall not be refunded.
- (iv) Annual Subscriptions. Refunds shall be calculated in whole-quarter increments, with each quarter defined as a three (3) calendar month block commencing from the start date of the current billing period. Upon cancellation, you shall be refunded for each full, unused quarter remaining in the current annual billing period. Any quarter in which your subscription was active for any portion shall be considered a used quarter and shall not be refunded.
Upon cancellation, your access to premium features, functionality, and content shall be revoked immediately and without further notice. No additional fees shall be charged following the effective date of cancellation. All refunds under this subsection shall be issued to the original payment method within a commercially reasonable time, typically within five (5) to ten (10) business days. The refund amount per unit is calculated by dividing the total subscription price by the number of refund units in the billing period (e.g., for a monthly subscription priced at $19.99, each weekly refund unit is $19.99 / 4 = $4.9975, rounded to the nearest cent).
(b) Account Suspension or Termination for Cause. In the event that your account is suspended, terminated, or banned by the Company as a result of a violation of these Terms, applicable law, or the Company's policies, you shall NOT be entitled to any refund, whether prorated or otherwise, of any subscription fees, purchase prices, or other amounts previously paid.
(c) Billing Errors. If you believe that you have been charged in error, you must notify the Company in writing within sixty (60) calendar days of the date of the erroneous charge. Upon verification of the billing error, the Company shall issue a full refund of the erroneous charge to your original payment method within a commercially reasonable time.
(d) General Refund Requests. All refund requests not covered by subsections (a) through (c) above should be directed to the Company's support team at [email protected]. Such refund requests shall be evaluated and decided upon by the Company in its sole and absolute discretion, except as otherwise required by applicable law.
(e) Chargebacks and Payment Disputes. You agree to contact our support team at [email protected] for any billing dispute prior to filing a chargeback, payment reversal, or dispute with your card issuer, bank, or payment provider. Filing a chargeback in connection with a legitimate charge from the Service is a material breach of these Terms. Upon notification that you have lost a chargeback dispute, or upon our determination that a chargeback was filed in bad faith, we will permanently ban the associated account. To enforce this ban and prevent ban evasion, we retain a one-way cryptographic hash (HMAC-SHA256 with a server-side pepper) of identifying information — including your email address, phone number, and device fingerprint — together with the IP address used at the time of the violation, on a separate "suppression list." These records are retained indefinitely, cannot be reversed to recover the original values, and are used exclusively to deny re-registration and prevent ban evasion. This narrow retention is documented in our Privacy Policy and continues to apply even if you subsequently exercise a right of erasure under applicable law. In addition to the foregoing, the Company reserves the right to: (i) immediately suspend your account pending resolution of the dispute; (ii) permanently terminate your account; and (iii) seek recovery of any fees, costs, penalties, or expenses incurred by the Company as a result of such chargeback or dispute, including but not limited to chargeback fees, administrative costs, and reasonable attorney's fees.

5.6.1 Third-Party App Store Purchases — Refund Policy Override

Notwithstanding anything in Section 5.6 to the contrary, the following terms shall apply to subscriptions and purchases made through third-party app stores:

(a) Apple App Store Purchases. Subscriptions and Digital Products purchased through the Apple App Store are subject exclusively to Apple's refund policies and procedures. The Company does not have the ability to issue, process, modify, or override refunds for transactions completed through the Apple App Store. If you wish to request a refund for an Apple App Store purchase, you must submit your request directly to Apple through Apple's "Report a Problem" page (https://reportaproblem.apple.com) or through Apple Support. Apple shall evaluate and decide upon all such refund requests in accordance with its own policies and in its sole discretion. The Company shall not be liable for any refund decision made by Apple, and the automated refund schedule described in Section 5.6(a) shall not apply to Apple App Store purchases.
(b) Google Play Store Purchases. Subscriptions and Digital Products purchased through the Google Play Store may be refunded by the Company through Google's developer tools, subject to the automated refund schedule described in Section 5.6(a) above. However, you acknowledge that Google may also independently process refund requests submitted directly through the Google Play Store in accordance with Google's own policies, including automatic approval of refund requests submitted within Google's designated refund window, and the Company shall not be liable for any refund decision made independently by Google. In the event that a refund has already been issued by Google for a given transaction, the Company shall not be obligated to issue any additional refund for the same transaction. For full details on Google Play refund handling, see Section 5.3(c).

5.7 Standalone Products, Digital Items, and In-App Purchases

The Service may offer standalone digital products, digital items, virtual goods, feature unlocks, or other in-app purchases (collectively, "Digital Products"). Digital Products are one-time, non-subscription purchases processed through the applicable Payment Channel (Braintree for web and direct purchases, the Apple App Store, or the Google Play Store, as described in Section 5.3) and are distinct from recurring subscription fees. Digital Products are licensed to you pursuant to a limited, non-exclusive, non-transferable, revocable license and are NOT sold, conveyed, or transferred to you as property. Digital Products have no real-world monetary value, are non-transferable, may not be exchanged for cash or any other form of consideration, and are non-refundable once consumed, activated, or applied, except as required by applicable law. Certain Digital Products may be available only to Users who maintain a paid subscription at a specified tier level, and certain Digital Products may be included at no additional cost as part of a paid subscription tier. The Company reserves the right to modify, manage, regulate, price, reprice, or eliminate any Digital Product at any time, in its sole discretion, without prior notice or liability. All unused Digital Products shall be immediately forfeited, without compensation, upon the termination, suspension, or deletion of your account for any reason.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Company Intellectual Property

The Service, including but not limited to all software, source code, object code, algorithms, data structures, databases, application programming interfaces (APIs), designs, user interfaces, user experience elements, text, graphics, photographs, images, illustrations, logos, trademarks, service marks, trade names, trade dress, icons, audio, video, music, sound effects, animations, interactive features, game elements, virtual cafe environments, and all related intellectual property and proprietary rights therein (collectively, "Company IP"), is owned by, licensed to, or otherwise controlled by Kream & Sugar Dating LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use, subject to and conditioned upon your compliance with these Terms. You shall not copy, reproduce, modify, adapt, translate, distribute, sell, resell, license, sublicense, lease, rent, publicly display, publicly perform, broadcast, transmit, create derivative works from, or otherwise exploit any Company IP without the prior express written consent of the Company. All rights not expressly granted herein are reserved by the Company.

6.2 User Content License

You retain ownership of any content that you create, upload, transmit, post, or otherwise make available through the Service ("User Content"), including but not limited to profile photographs, biographical text, messages, voice messages, and other communications. By uploading, transmitting, posting, or otherwise making available any User Content through the Service, you hereby grant to the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content solely in connection with the operation, provision, maintenance, improvement, and promotion of the Service. This license shall terminate when you delete the applicable User Content or when your account is deleted, except in the following circumstances:

(a) Where the User Content has been shared with, transmitted to, or viewed by other Users, and such Users have not independently deleted it from their view;
(b) Where the Company is required to retain the User Content for compliance with applicable legal, regulatory, or contractual obligations;
(c) Where the User Content is the subject of an active moderation investigation, evidence hold, or legal proceeding;
(d) For a commercially reasonable period of time necessary for the removal of the User Content from backup systems and disaster recovery archives, not to exceed ninety (90) calendar days from the date of deletion from primary systems.

6.3 Feedback License

If you provide the Company with any suggestions, ideas, recommendations, feature requests, bug reports, or other feedback regarding the Service (collectively, "Feedback"), you hereby grant to the Company an unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit such Feedback for any purpose whatsoever, without attribution, compensation, or further consent from you.

7. PRIVACY, DATA PROTECTION, AND PERSONAL INFORMATION

Your privacy is of significant importance to the Company. The collection, use, storage, processing, disclosure, and protection of your personal information and data is governed by the Company's Privacy Policy, which is available at https://app.kreamandsugardating.com/api/legal/documents/privacy-policy and is hereby incorporated into and made a part of these Terms by this reference. By accessing or using the Service, you acknowledge that you have read and understood the Privacy Policy and you expressly consent to the data practices described therein.

Key commitments of the Company with respect to User privacy include:

(a) All message content transmitted through the Service is encrypted using server-side encryption to protect the confidentiality and integrity of your communications;
(b) The Company does not sell your personal data or personal information to third parties for their marketing or advertising purposes;
(c) You have the right to access, review, correct, and request the deletion of your personal data as described in the Privacy Policy and in Section 17 of these Terms;
(d) The Company complies with all applicable data protection and privacy laws, including but not limited to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable state and federal privacy regulations.

7.1 Exercising Your Rights — In-App and Email Channels

The Company will respond to all valid Data Subject Requests within thirty (30) days of receipt of a verifiable request, in accordance with applicable law.

In-App (recommended where available). If you have an active account, the fastest way to exercise your rights of access, portability, or erasure is through the dating application: navigate to Settings → Privacy & Data, where you may download a copy of your personal data or permanently delete your account.

Email channel. If you cannot access the application (for example, because you have lost access to your phone number or your account has been suspended), you may submit a Data Subject Request by email to [email protected]. To help us identify and route your request quickly, please use the following format:

SUBJECT: [DSR-DELETE] Account deletion request
         (use [DSR-EXPORT] for an export, [DSR-RECTIFY] for a correction,
          [DSR-OBJECT] to object to processing, [DSR-RESTRICT] to restrict
          processing, or [DSR-ACCESS] for a general access request)

Account email:    __________________________________
Request type:     [ ] Delete all my data
                  [ ] Export a copy of my data
                  [ ] Correct inaccurate data (describe below)
                  [ ] Object to / restrict processing
                  [ ] Other (describe below)
Date of request:  __________________________________

I confirm that I am the owner of the above email address and that the
information provided in this request is accurate to the best of my knowledge.

Signature:        __________________________________

We may ask you to verify your identity (for example, by replying from the registered email address or by providing additional information sufficient to confirm that you are the data subject) before we act on the request. Verification protects you from unauthorized requests on your behalf.

8. THIRD-PARTY SERVICES, INTEGRATIONS, AND EXTERNAL LINKS

8.1 Third-Party Service Integrations

The Service integrates with, relies upon, and transmits data to and from various third-party service providers in order to deliver functionality to Users. These third-party services include, but are not limited to:

(a) Braintree (PayPal, Inc.) for secure payment processing, subscription management, and transaction recording;
(b) Google LLC, Apple Inc., and Meta Platforms, Inc. (Facebook) for OAuth-based social login and authentication;
(c) ZeptoMail (Zoho Corporation) for the delivery of transactional and notification emails;
(d) Giphy, Inc. for the provision of GIF content within the messaging feature;
(e) Amazon Web Services, Inc. (AWS) for cloud-based file storage (S3), encryption key management (KMS), and hosting infrastructure;
(f) Twilio Inc. for SMS message delivery, phone number verification, and carrier line type intelligence;
(g) IP-API for IP address-based geolocation services;
(h) OpenStreetMap Foundation (Nominatim) for GPS-based reverse geocoding services;
(i) Web Push Protocol utilizing VAPID (Voluntary Application Server Identification) for the delivery of browser-based push notifications.

Your use of the Service may involve the transmission of your data to and from these third-party services in accordance with the Company's Privacy Policy. Your use of these third-party services is subject to their respective terms of service, privacy policies, and acceptable use policies, which are independent of and separate from these Terms. The Company is not responsible for, does not endorse, and makes no representations or warranties regarding the practices, policies, content, availability, performance, security, or reliability of any third-party service provider.

8.2 External Links and Third-Party Content

The Service may contain links, references, or connections to third-party websites, applications, or services, including but not limited to content embedded within GIF messages, links to safety resource organizations (such as the National Domestic Violence Hotline or RAINN), links to partner organizations, and links within email notifications. The inclusion of any such link does not constitute and shall not be construed as an endorsement, approval, sponsorship, or recommendation by the Company of any third-party website, application, service, or content. The Company does not control, monitor, or assume any responsibility or liability for any third-party content, websites, applications, or services. You access and use any third-party websites, applications, or services entirely at your own risk and subject to the terms and conditions and privacy policies of such third parties.

The Company shares User data with third parties only as described in the Company's Privacy Policy. The Company does not sell, rent, lease, or trade your personal information to third parties for their independent marketing or advertising purposes.

9. IN-PERSON EVENTS

9.1 Event Facilitation and Organization

The Company may, from time to time and in its sole discretion, organize, host, facilitate, sponsor, or promote in-person dating events, social gatherings, mixers, speed-dating sessions, or other live gatherings (collectively, "Events"). Events may be open to all registered Users or restricted to Users holding a paid subscription at a specified tier level, as determined by the Company.

9.2 Voluntary Assumption of Risk

BY PURCHASING A TICKET TO, REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY EVENT ORGANIZED, HOSTED, FACILITATED, SPONSORED, OR PROMOTED BY THE COMPANY, YOU HEREBY EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS ASSOCIATED WITH SUCH ATTENDANCE AND PARTICIPATION, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

(a) Bodily injury, physical harm, illness, disease, disability, disfigurement, or death;
(b) Damage to, destruction of, loss of, or theft of personal property;
(c) Exposure to communicable diseases, viruses, bacteria, or other pathogens, including but not limited to COVID-19 and its variants;
(d) Interactions with other attendees, including unwanted, inappropriate, offensive, hostile, threatening, or dangerous behavior;
(e) Risks associated with travel to and from the Event, including but not limited to automobile accidents, public transportation incidents, and pedestrian hazards;
(f) Risks inherent to the Event venue, location, or surrounding area, including but not limited to structural hazards, fire hazards, weather conditions, and environmental hazards;
(g) Interactions with law enforcement officers or other governmental authorities;
(h) Risks associated with the consumption of alcohol, legal substances, or food and beverages at or near the Event by you or by other attendees;
(i) Risks associated with the presence, use, distribution, or effects of illegal or controlled substances at or near the Event venue.

THE COMPANY STRONGLY RECOMMENDS THAT ALL EVENT ATTENDEES REFRAIN FROM THE USE OF PSYCHOACTIVE SUBSTANCES, INCLUDING BUT NOT LIMITED TO ALCOHOL, CANNABIS, AND RECREATIONAL DRUGS, ESPECIALLY WHEN MEETING OTHER INDIVIDUALS FOR THE FIRST TIME. THE USE OF SUCH SUBSTANCES IMPAIRS JUDGMENT, REDUCES SITUATIONAL AWARENESS, AND MAY SIGNIFICANTLY INCREASE THE RISK OF UNSAFE, HARMFUL, OR REGRETTABLE OUTCOMES.

9.3 Release of Liability and Liability Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO UNCONDITIONALLY AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS THE COMPANY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, INSURERS, REPRESENTATIVES, VENUE PARTNERS, VENUE OWNERS, AND AFFILIATES (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, PENALTIES, AND OBLIGATIONS OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ASSERTED OR UNASSERTED, FIXED OR CONTINGENT, THAT ARISE OUT OF, RESULT FROM, OR ARE RELATED IN ANY WAY TO YOUR ATTENDANCE AT, PARTICIPATION IN, TRAVEL TO OR FROM, OR PRESENCE AT ANY EVENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BODILY HARM, ILLNESS, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, PROPERTY LOSS, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

9.4 Event Conduct and Behavioral Requirements

All provisions of Section 4 (User Conduct, Expected Behavior, and Prohibited Activities) of these Terms apply equally and with full force and effect to in-person Events. In addition to and without limiting the foregoing, by attending any Event you agree to:

(a) Comply with all rules, regulations, policies, and instructions of the Event venue and its personnel;
(b) Comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations;
(c) Respect the physical boundaries, personal space, and expressed consent of all other attendees at all times;
(d) Refrain from engaging in aggressive, violent, threatening, intimidating, or physically confrontational behavior of any kind;
(e) Not attend or remain at any Event while under the influence of any substance, whether legal or illegal, that impairs your judgment, coordination, perception, or behavior;
(f) Immediately and without objection depart from the Event when requested to do so by Company staff, Company representatives, Event organizers, venue personnel, or venue security.

By attending an Event, you expressly acknowledge and agree that other attendees may photograph, video record, audio record, or otherwise capture your likeness, voice, or image, and that such attendees may share, publish, or distribute such content on social media platforms or other channels. If you do not wish to be photographed or recorded, it is your sole responsibility to communicate this preference to other attendees and to remove yourself from areas where recording or photography is taking place. The Company shall have no liability for any recording or photography conducted by third parties at an Event.

9.5 Event Cancellation, Modification, and No-Show Policy

The Company reserves the right, in its sole and absolute discretion, to cancel, postpone, reschedule, modify, or alter any Event at any time and for any reason, including but not limited to insufficient registration, inclement weather, venue unavailability, force majeure events, or safety concerns. In the event that a paid Event is cancelled by the Company, registered attendees who have paid the Event fee shall receive a full refund of the Event fee to their original payment method. No refunds shall be issued for no-shows, late arrivals, early departures, or failure to attend a paid Event for any reason, including but not limited to illness, scheduling conflicts, or transportation difficulties. The Company shall not be responsible or liable for any costs, expenses, or damages incurred by attendees in connection with any Event, including but not limited to travel costs, lodging costs, transportation costs, lost wages, or opportunity costs.

9.6 No Guarantee of Safety or Security

While the Company endeavors to take reasonable measures to promote the safety and well-being of Event attendees, THE COMPANY CANNOT AND DOES NOT GUARANTEE THE SAFETY, SECURITY, OR WELL-BEING OF ANY ATTENDEE AT ANY EVENT. The Company does not conduct criminal background checks, identity verification, sex offender registry checks, or any other screening on Event attendees. The presence of Company staff, representatives, or volunteers at an Event does not constitute a guarantee, warranty, or representation of security, supervision, or safety.

10. OFF-APP INTERACTIONS AND USER-TO-USER MEETINGS

10.1 No Responsibility for Off-App Conduct

The Company is not responsible, liable, or accountable for any interactions, communications, meetings, encounters, relationships, or events that occur outside of the Service, regardless of whether the initial connection, introduction, or communication between the parties originated on the Service. Without limiting the generality of the foregoing, the Company expressly disclaims all responsibility and liability for:

(a) In-person meetings, dates, encounters, or rendezvous arranged, planned, or facilitated through the Service;
(b) Communications conducted on third-party platforms, applications, websites, or through personal contact information (including telephone numbers, email addresses, and social media handles) exchanged through the Service;
(c) Any actions, omissions, behavior, conduct, statements, representations, or activities of any User occurring outside of the Service.

10.2 Safety Recommendations

While the Company is not liable for off-app interactions, the Company strongly recommends and encourages Users to take the following safety precautions when meeting other Users in person:

(a) Arrange to meet in a well-lit, well-populated, public place for all initial in-person meetings;
(b) Inform a trusted friend, family member, or other contact of your plans, including the identity of the person you are meeting, the location, and the expected duration;
(c) Arrange your own transportation to and from the meeting location, and do not rely on the other person for transportation;
(d) Trust your instincts and immediately leave any situation in which you feel uncomfortable, unsafe, threatened, or at risk;
(e) Do not share your home address, financial information, or other sensitive personal information with persons you have met through the Service until you have established a sufficient level of trust;
(f) Refrain from consuming alcohol, drugs, or other psychoactive substances, especially when meeting someone for the first time, as such substances impair judgment and increase vulnerability.

10.3 No Background Checks or Government-Issued Identity Verification

THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, FINGERPRINT CHECKS, SEX OFFENDER REGISTRY CHECKS, GOVERNMENT-DATABASE IDENTITY VERIFICATION, OR ANY OTHER FORM OF GOVERNMENT-CONDUCTED SCREENING OR VETTING ON ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE CHARACTER, CONDUCT, BEHAVIOR, LEGAL NAME, GOVERNMENT-ISSUED IDENTITY, PAST HISTORY, CRIMINAL RECORD, INTENTIONS, TRUSTWORTHINESS, HONESTY, OR SUITABILITY OF ANY USER. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, BOTH ON AND OFF THE SERVICE, AND YOU AGREE TO EXERCISE CAUTION, PRUDENCE, AND GOOD JUDGMENT IN ALL SUCH INTERACTIONS.

Limited Scope of the "Verified" Badge. The Service offers an optional, opt-in age-verification feature that, upon successful completion, displays a "Verified" badge on a User's profile. The "Verified" badge does not, and is not intended to, indicate or guarantee that: (a) the Company has verified the User's legal name; (b) the Company has verified the User's identity against any government-issued database; (c) the Company has confirmed the authenticity of any identity document submitted by the User; (d) the Company has conducted any criminal background check, sex offender registry check, or other vetting of the User; or (e) the Company has made any judgment as to the User's character, conduct, intentions, or suitability for any purpose. The "Verified" badge solely indicates that, at the time of verification, the User: (i) successfully submitted a self-captured photograph that an automated system estimated to depict an individual at least eighteen (18) years of age (or, where the initial estimate was between sixteen (16) and twenty-one (21), the User submitted a government-issued identity document showing a date of birth indicating they are at least eighteen (18)); (ii) successfully matched their submitted photograph against the photographs on their profile; and (iii) was not detected as a duplicate of an existing verified account on the Service. The age-verification process relies on automated machine-learning services provided by third-party vendors, which are not infallible and may produce false positive or false negative results. Users are advised not to rely on the "Verified" badge as proof of any User's true legal identity, criminal history, or suitability for any in-person or off-Service interaction. Detailed information about the categories of biometric Information collected in connection with the verification feature, the purposes for which it is used, and the retention periods applicable to it, is set forth in the Privacy Policy.

10.4 Health and Medical Disclaimer

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE HEALTH STATUS, MEDICAL CONDITION, OR COMMUNICABLE DISEASE STATUS OF ANY USER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY HEALTH-RELATED OUTCOMES, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF SEXUALLY TRANSMITTED INFECTIONS (STIs), SEXUALLY TRANSMITTED DISEASES (STDs), OR OTHER COMMUNICABLE DISEASES, THAT MAY RESULT FROM OR ARISE IN CONNECTION WITH INTERACTIONS, ENCOUNTERS, OR PHYSICAL CONTACT WITH OTHER USERS, WHETHER SUCH INTERACTIONS OCCUR ON OR OFF THE SERVICE.

11. ENFORCEMENT: BLOCKING, CONTENT MODERATION, WARNINGS, SUSPENSION, AND BANNING

11.1 User-Initiated Blocking

Users may block any other User at their sole discretion by using the blocking feature within the Service. When a User (the "Blocking User") blocks another User (the "Blocked User"), the following consequences shall take effect immediately and automatically:

(a) Any existing match between the Blocking User and the Blocked User shall be permanently removed and dissolved;
(b) The Blocked User shall be prevented from viewing the Blocking User's profile, photographs, name, age, location, bio, or any other information or content associated with the Blocking User's account;
(c) The Blocked User shall be prevented from sending messages, match requests, or any other form of communication to the Blocking User;
(d) The Blocked User shall be prevented from interacting with the Blocking User in virtual cafes, games, or any other interactive feature of the Service;
(e) The Blocked User shall be removed from the Blocking User's recommendations, search results, and discovery queue;
(f) Neither the Blocking User nor the Blocked User shall be paired together, matched, or placed in the same session in any in-person or virtual event, game, virtual cafe, or other interactive feature of the Service.

The Blocking User shall see a blocked indicator on the Blocked User's profile to confirm the block status. Blocking is one-directional with respect to notification: the Blocked User shall NOT receive any notice, alert, or indication that they have been blocked. However, the block is functionally mutual with respect to interactive features — neither the Blocking User nor the Blocked User will be able to interact with each other in games, virtual cafes, or events. Users may unblock a previously Blocked User at any time through their account settings, which shall reverse the effects described in this Section.

11.2 Content Moderation

The Company moderates User-generated content and User behavior through a combination of automated systems, artificial intelligence, machine learning tools, and human review by trained moderators. The Company reserves the right, in its sole and absolute discretion, to review, flag, hide, remove, disable access to, or otherwise take action on any User Content or account activity that, in the Company's judgment, violates these Terms, applicable law, or the Company's internal policies, or that the Company otherwise deems inappropriate, offensive, harmful, or inconsistent with the purpose and values of the Service. The Company does not guarantee that all objectionable, illegal, or harmful content will be detected, identified, or removed, and the Company shall not be liable for any failure to detect, identify, or remove such content.

11.3 Warnings

For minor or first-time violations of these Terms, the Company may, in its sole discretion, issue a formal warning to the offending User via direct message within the Service. Warnings are recorded in the Company's moderation system and are retained as part of the User's moderation history. Prior warnings shall be taken into consideration in connection with future enforcement decisions as part of the Company's progressive discipline approach. The issuance of a warning does not preclude the Company from taking more severe enforcement action for the same or subsequent violations.

11.4 Temporary Suspension (Temporary Ban)

For moderate violations, repeated minor violations, or a pattern of conduct that, in the Company's judgment, warrants escalation beyond a warning, the Company may temporarily suspend the offending User's account for a specified duration (a "Temporary Suspension"). During the period of a Temporary Suspension:

(a) You shall not be able to access any features, functionality, or content of the Service;
(b) Your profile shall not be visible to other Users;
(c) Your subscription shall continue to be billed in accordance with its terms unless you separately cancel your subscription through your account settings prior to the suspension or through the Company's support team;
(d) The duration of the Temporary Suspension shall be communicated to you by the Company via email or in-app notification.

11.5 Permanent Ban (Permanent Termination)

For severe violations, repeated moderate violations, egregious conduct, or any conduct that the Company, in its sole and absolute discretion, deems to be seriously harmful, dangerous, illegal, or fundamentally incompatible with the purpose and values of the Service, the Company may permanently terminate the offending User's account (a "Permanent Ban"). A Permanent Ban shall have the following consequences:

(a) Your account shall be terminated, and you shall permanently and irrevocably lose access to all account data, User Content, matches, conversations, subscription benefits, Digital Products, and all other features and content associated with your account;
(b) You shall be prohibited from creating any new account on the Service, and any attempt to do so shall constitute a further violation of these Terms;
(c) The Company may ban your device identifier, device fingerprint, IP address, or other technical identifiers to prevent circumvention of the Permanent Ban;
(d) You shall NOT be entitled to any refund, whether prorated or otherwise, of any subscription fees, purchase prices, or other amounts previously paid in connection with the Service;
(e) The Company may retain such data as is necessary for compliance with applicable legal, regulatory, and contractual obligations and for the enforcement of the Permanent Ban.

11.6 Excluded Behaviors — Immediate Permanent Ban Without Appeal

Notwithstanding the progressive discipline approach described in Sections 11.3 through 11.5 above, the following categories of conduct (collectively, "Excluded Behaviors") are deemed so fundamentally incompatible with the safety, integrity, and purpose of the Service that they shall result in the immediate, permanent, and irrevocable termination of the offending User's account, without prior warning and without any right of appeal. A User whose account is terminated for an Excluded Behavior shall be permanently banned from the Service, and such ban shall not be subject to review, reconsideration, or reversal under any circumstances.

The following are Excluded Behaviors:

11.6.1 Threats of Physical Harm or Violence

Making, communicating, or transmitting any direct or indirect threat of physical harm, bodily injury, death, or violence against any User, any employee, contractor, or representative of the Company, or any third party, whether such threat is express, implied, conditional, or veiled, and regardless of whether the person making the threat intends to carry it out.

11.6.2 Background Check Reveals Prior Offense(s)

If a background check or identity verification process conducted by or on behalf of the Company reveals that a User has a prior criminal conviction, pending criminal charge, sex offender registry listing, or other disqualifying offense that, in the Company's sole judgment, poses a risk to the safety of other Users or is fundamentally incompatible with the purpose and values of the Service.

11.6.3 Attempt to Defraud Kream & Sugar and/or Its Users

Engaging in or attempting to engage in any scheme, plan, or course of conduct designed to defraud, deceive, or financially exploit the Company, any User, or any third party in connection with the Service, including but not limited to romance scams, advance-fee fraud, phishing, social engineering, identity theft, payment fraud, chargeback fraud, or any other form of fraud or financial deception.

11.6.4 Attempt to Elicit Sexual Services for Consideration

Using the Service, directly or indirectly, to solicit, offer, arrange, negotiate, advertise, or facilitate the exchange of sexual services, sexual acts, sexual companionship, or intimate encounters for money, gifts, property, cryptocurrency, or any other form of compensation or consideration, including but not limited to prostitution, escort services, and transactional "arrangements" of any kind. This provision is in addition to and does not limit the prohibitions set forth in Section 4.2.4.

11.6.5 Attempt to Exploit Kream & Sugar Technologies or APIs

Attempting to exploit, attack, compromise, or interfere with the Company's technologies, systems, servers, networks, databases, application programming interfaces (APIs), or infrastructure through any means, including but not limited to hacking, penetration testing (without prior written authorization), distributed denial-of-service attacks, SQL injection, cross-site scripting, buffer overflow attacks, credential stuffing, brute-force attacks, or any other form of cyberattack, technical exploitation, or unauthorized access.

11.6.6 Attempt to Manufacture or Sell Accounts

Creating, manufacturing, generating, purchasing, selling, trading, transferring, or otherwise trafficking in Kream & Sugar accounts, whether for profit, commercial purposes, or any other reason, including but not limited to the creation of fake accounts, bot accounts, shill accounts, or accounts using stolen, fabricated, or synthetic identities.

11.6.7 Mass Reporting of Users Without Cause

Engaging in the deliberate, coordinated, or systematic filing of false, frivolous, malicious, or bad-faith reports against other Users for the purpose of causing unwarranted enforcement actions, harassing other Users through the moderation system, manipulating the platform's trust and safety systems, or overwhelming the Company's moderation resources. This includes organizing, coordinating, or participating in mass reporting campaigns, report brigading, or weaponized reporting directed at one or more Users.

11.6.8 Serial Abuse of Refund System

Repeatedly and deliberately abusing the prorated refund system, subscription cancellation and re-subscription cycles, or any other refund mechanism provided by the Company in a manner designed to obtain services without fair payment, exploit pricing structures, or circumvent the intended terms of paid subscriptions and purchases. This includes, but is not limited to, patterns of subscribing and immediately cancelling to exploit prorated refund calculations, cycling through multiple subscription tiers to exploit pricing differentials, or any other systematic abuse of the Company's refund or cancellation policies.

11.6.9 Filing a Chargeback or Payment Dispute

Filing, initiating, or causing to be filed any chargeback, payment dispute, or reversal request with a payment card network, bank, or payment provider in connection with any subscription fee, in-app purchase, or other amount paid to the Company, regardless of whether such chargeback or dispute is ultimately resolved in the User's favor. The Company provides an automated prorated refund mechanism inside the Service for substantially all subscription and purchase issues; Users are required to use that mechanism, or to contact the Company at [email protected] to resolve a billing concern, prior to initiating any chargeback or dispute. Upon resolution of a chargeback or payment dispute against the Company, the User's account shall be subject to immediate, permanent termination, and the Company may add associated identifiers (including email-address hash, telephone-number hash, device fingerprints, and IP addresses) to its suppression list to prevent re-registration.

IMPORTANT NOTICE: An Excluded Behavior ban is final and absolute. Users who are permanently banned for an Excluded Behavior are NOT eligible for the appeal process described in Section 11.9 and shall have no further right, remedy, or recourse with respect to the termination of their account.

11.7 Strike System and Progressive Enforcement

In connection with the enforcement of these Terms for violations that do not constitute Excluded Behaviors as defined in Section 11.6, the Company employs a tiered strike-and-strikeout system to ensure fair, consistent, and proportionate enforcement. Each confirmed violation of these Terms (other than an Excluded Behavior) may result in the issuance of one or more strikes against the offending User's account, evaluated as follows:

(a) Strikes. A "Strike" is a record entered against a User's account upon a confirmed violation of these Terms. Strikes are evaluated within a rolling time window set by the Company in its sole discretion (the "Strike Window") and are recorded as part of the User's moderation history.
(b) Strikeout — Temporary Suspension. Upon the accumulation of three (3) Strikes within the Strike Window, a "Strikeout" is recorded against the User's account, and a Temporary Suspension shall be imposed in accordance with Section 11.4. The Strikes that contributed to the Strikeout are then consumed and shall not count toward future Strikeouts.
(c) Repeat Strikeouts. Subsequent Strikeouts within a separate rolling time window set by the Company in its sole discretion (the "Strikeout Window") shall result in progressively longer Temporary Suspensions, the durations of which are determined by the Company.
(d) Permanent Ban. Upon the accumulation of three (3) Strikeouts within the Strikeout Window, the User's account shall be permanently terminated in accordance with Section 11.5. A Permanent Ban issued under this subsection is subject to the appeal process described in Section 11.9.

The Company shall, in its sole discretion, set and from time to time adjust the duration of the Strike Window, the duration of the Strikeout Window, and the durations of the Temporary Suspensions associated with each Strikeout, and shall have no obligation to provide advance notice of such adjustments. The current values may be reflected in the in-app Community Guidelines and in the moderation notifications sent to Users.

In addition to the strike-and-strikeout pathway described above, the Company maintains a separate, accelerated enforcement pathway (the "Critical Escalation Pathway") for content categories that, in the Company's judgment, present an imminent risk to safety, including but not limited to material involving the sexual exploitation of minors and other content prohibited by Section 4.2. Confirmed violations evaluated on the Critical Escalation Pathway may result in immediate Temporary Suspension on a first or second finding, and Permanent Ban on a third finding within a rolling window set by the Company. Where required by 18 U.S.C. Section 2258A, the FOSTA-SESTA Act, or other applicable law, evidence of such violations is preserved by the Company and reported to the National Center for Missing and Exploited Children. Reports to the National Center for Missing and Exploited Children are made by Company personnel based on a human review of the underlying evidence.

The Company reserves the right, in its sole discretion, to bypass the strike-and-strikeout system and impose more severe enforcement actions (including Temporary Suspension or Permanent Ban) for violations that, in the Company's judgment, warrant immediate escalation, regardless of the User's current Strike count.

11.8 Device-Level Bans

In addition to account-level enforcement measures, the Company may impose bans, restrictions, or limitations on specific devices, device identifiers, device fingerprints, or IP addresses associated with violations of these Terms. Device-level bans may be temporary or permanent and are used to prevent ban evasion and to protect the safety and integrity of the Service and its Users.

11.9 Appeal Process

If you believe that an enforcement action (warning, Temporary Suspension, or Permanent Ban) has been taken against your account in error, you may submit a written appeal to the Company at [email protected]. Your appeal must include: (a) your full name; (b) the email address associated with your account; (c) a detailed description of the enforcement action you are appealing; and (d) a clear and specific explanation of why you believe the enforcement action was taken in error. The Company shall review all appeals and render a decision within sixty (60) calendar days of receipt. The Company's decision on any appeal shall be final, binding, and conclusive, and shall not be subject to further review.

EXCLUDED BEHAVIOR BANS ARE NOT ELIGIBLE FOR APPEAL. If your account was permanently terminated for an Excluded Behavior as defined in Section 11.6, you are not entitled to submit an appeal and any appeal submitted in connection with an Excluded Behavior ban shall be summarily denied without review.

11.10 No Obligation to Monitor

The Company has no affirmative obligation to monitor, police, supervise, or review User conduct, User Content, or User communications. The Company acts on reports, complaints, and information that comes to its attention through its moderation systems, User reports, and other means, but does not guarantee that all violations of these Terms will be detected, investigated, or addressed.

11.11 Sole Discretion and Unrestricted Termination Rights

The Company reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate any User's account at any time, for any reason or for no reason, with or without cause, and with or without prior notice. The Company is not required to disclose, explain, or justify the reason for any enforcement action taken pursuant to this Section.

11.12 Optional Age Verification — Process, Outcomes, and Appeals

11.12.1 Voluntary Nature of the Feature

The age-verification feature is optional and opt-in. You are not required to use it in order to access or use the Service. By electing to participate, you consent to the collection and processing of biometric Information as described in Section 14.3 of the Privacy Policy and in the separate biometric-consent disclosure presented to you immediately prior to the capture of your verification selfie. You may decline at any point during the flow, and you may withdraw your consent at any time by exercising the rights described in Section 14.3.6 of the Privacy Policy.

11.12.2 Process and Possible Outcomes

The verification process consists of: (a) capture of a self-portrait photograph through your device camera; (b) an automated liveness check on that photograph, performed entirely on Company-operated infrastructure, to confirm that the photograph depicts a live human face rather than a printed image, screen replay, mask, or similar spoofing artifact (and, where the passive check is inconclusive, an optional active head-turn challenge consisting of a brief self-captured video clip); (c) automated estimation of your apparent age range from the photograph; (d) for Users whose initial estimate is between sixteen (16) and twenty-one (21), capture and automated extraction of fields from a United States driver's license, United States state identification card, or United States passport, including, where applicable, decoding of the PDF417 barcode printed on the back of such document and cross-checking of the optically-recognized name and date of birth against the barcode fields, as well as verification that the document's expiration date has not lapsed; (e) automated comparison of your verification selfie against the photographs on your profile; and (f) an automated search for duplicate accounts. The possible outcomes of this process are:

(i) Verified. The "Verified" badge is added to your profile and remains in place so long as your account is active and in good standing;
(ii) Needs ID. Your initial selfie estimated your age to be between sixteen (16) and twenty-one (21) and you must submit an identity document to complete verification;
(iii) Pending Manual Review. Your submission will be reviewed by Company personnel, generally within seven (7) calendar days; no badge is granted and no restriction is imposed during this period;
(iv) Failed — No Restriction. The automated system was unable to detect a face, was unable to match your selfie to your profile photographs, was unable to confirm liveness on either the passive check or the active head-turn fallback, determined that the identity document you submitted has expired, was unable to read the PDF417 barcode where one was expected, or otherwise could not complete verification due to image quality. No "Verified" badge is granted and no restriction is imposed; you may retry verification subject to a twenty-four (24) hour cooldown;
(v) Failed — Read-Only Restriction Imposed ("Soft-Restriction"). The automated system either (1) estimated your age to be below sixteen (16); (2) estimated your age between sixteen (16) and twenty-one (21) and the identity document you submitted indicated a date of birth showing you are under eighteen (18) or could not be successfully extracted at the required confidence threshold; (3) detected a material discrepancy between the optically-recognized name or date of birth on the front of the identity document and the corresponding fields decoded from the document's PDF417 barcode, indicating likely tampering; or (4) detected your face as a match to an existing verified account, indicating a likely duplicate account. In any of these cases, your account will be placed under a Read-Only access restriction described in Section 11.12.3.

11.12.3 Read-Only Access Restriction

A Read-Only access restriction means that you may continue to log in, view your account, view content previously available to you, and submit an appeal as described in Section 11.12.4, but you may not (a) send messages, (b) match with other Users, (c) participate in events, virtual cafes, or games, (d) modify your profile (other than to delete content), or (e) make purchases or initiate subscriptions. The Read-Only restriction is not a Permanent Ban under Section 11.5 and does not constitute an Excluded Behavior under Section 11.6. The restriction will remain in place until either (i) the Company resolves an appeal in your favor pursuant to Section 11.12.4, or (ii) you exercise your right to permanent account deletion.

11.12.4 Appeal of an Age-Verification Read-Only Restriction

A Read-Only restriction imposed by the age-verification feature is appealable, notwithstanding any contrary provision in Section 11.9 of these Terms. To appeal, you must, while logged in to your account in Read-Only mode, submit an appeal through the in-app age-verification appeal flow. Your appeal must include: (a) a written explanation of why you believe the restriction was imposed in error; (b) at your option, a new self-portrait photograph to support your appeal; and (c) at your option, a photograph of a government-issued identity document to support your appeal. Appeals are reviewed manually by trained Company personnel. The Company will use commercially reasonable efforts to render a decision on each appeal within fourteen (14) calendar days of submission. The Company's decision on any appeal shall be final, binding, and conclusive, and shall not be subject to further internal review. If your appeal is approved, the Read-Only restriction will be lifted, the "Verified" badge will be applied to your profile, and any face vector required to prevent reimposition of the same duplicate-account match will be added to the Company's private Face Collection. If your appeal is denied, the Read-Only restriction will remain in place.

11.12.5 Reaffirmation of Eighteen (18) Years Minimum

Nothing in this Section 11.12 modifies, waives, or reduces the minimum age requirement set forth in Section 2.1 of these Terms. You represent and warrant that you are at least eighteen (18) years of age regardless of whether you elect to use the optional age-verification feature, and you acknowledge that any misrepresentation of your age (including any attempt to circumvent the age-verification feature through the use of another individual's photograph or identity document) constitutes a material breach of these Terms and an Excluded Behavior subject to immediate Permanent Ban without right of appeal under Section 11.6.

12. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties — Service Provided "As Is" and "As Available"

THE SERVICE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, TOOLS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED TO YOU ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY; (B) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF NON-INFRINGEMENT; (D) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (E) WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT; AND (F) WARRANTIES OF UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

12.2 No Guarantee of Results, Matches, or Outcomes

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR PROMISES OF ANY KIND THAT:

(a) You will find a match, date, romantic partner, or relationship through the Service;
(b) Any particular User will respond to your messages, communications, or match requests;
(c) The Service will meet your personal expectations, desires, requirements, or needs;
(d) The Service will be available, uninterrupted, timely, secure, error-free, or free from viruses, malware, or other harmful components;
(e) Any information, content, or representations provided by other Users through the Service are accurate, truthful, current, reliable, or non-deceptive;
(f) Any defects, errors, bugs, or vulnerabilities in the Service will be corrected within any particular timeframe;
(g) Any specific number or quality of matches, recommendations, or interactions will be provided to you.

12.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KREAM & SUGAR DATING LLC, OR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, PARTNERS, SUPPLIERS, LICENSORS, OR AFFILIATES (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR:

(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES OF ANY KIND;
(b) ANY LOSS OF PROFITS, REVENUE, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, REPUTATION, DATA, USE, OR OTHER INTANGIBLE LOSSES;
(c) ANY DAMAGES ARISING FROM OR RELATED TO: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) THE CONDUCT, ACTIONS, OMISSIONS, STATEMENTS, OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICE; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; (iv) ANY UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF, DESTRUCTION OF, OR INTERCEPTION OF YOUR ACCOUNT, TRANSMISSIONS, COMMUNICATIONS, OR CONTENT; (v) ANY INTERACTIONS, COMMUNICATIONS, MEETINGS, ENCOUNTERS, OR RELATIONSHIPS WITH OTHER USERS, WHETHER OCCURRING ON OR OFF THE SERVICE; (vi) YOUR ATTENDANCE AT OR PARTICIPATION IN ANY EVENT; (vii) ANY OFF-APP MEETINGS, ENCOUNTERS, OR INTERACTIONS; (viii) ANY HEALTH-RELATED OUTCOMES, INCLUDING THE TRANSMISSION OF SEXUALLY TRANSMITTED INFECTIONS, DISEASES, OR OTHER COMMUNICABLE CONDITIONS; (ix) ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS IN ANY CONTENT; (x) ANY ACTIONS TAKEN BY THE COMPANY IN ENFORCING THESE TERMS;

REGARDLESS OF THE LEGAL THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE COMPANY PARTIES HAVE BEEN INFORMED OF, ADVISED OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

12.4 Cap on Aggregate Liability

CERTAIN JURISDICTIONS DO NOT PERMIT THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR CERTAIN OTHER CATEGORIES OF DAMAGES. IN SUCH JURISDICTIONS WHERE THE FOREGOING EXCLUSIONS OR LIMITATIONS ARE NOT ENFORCEABLE, THE COMPANY PARTIES' TOTAL CUMULATIVE AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THIS LIMITATION OF LIABILITY SHALL APPLY ONLY TO THE EXTENT THAT THE FULL EXCLUSION OF LIABILITY SET FORTH IN SECTION 12.3 IS DETERMINED TO BE UNENFORCEABLE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION.

12.5 Basis of the Bargain

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 CONSTITUTE A MATERIAL AND FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT MAKE THE SERVICE AVAILABLE TO YOU ABSENT SUCH LIMITATIONS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. INDEMNIFICATION AND HOLD HARMLESS

You hereby agree to indemnify, defend, and hold harmless Kream & Sugar Dating LLC, and its officers, directors, members, managers, employees, agents, contractors, subcontractors, partners, suppliers, licensors, insurers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, suits, proceedings, investigations, losses, damages, liabilities, penalties, fines, costs, and expenses of every kind and nature (including but not limited to reasonable attorney's fees, expert witness fees, court costs, arbitration costs, and costs of settlement) arising out of, resulting from, or in any way connected with:

(a) Your access to or use of the Service;
(b) Your violation or breach of any term, condition, representation, warranty, or covenant contained in these Terms;
(c) Your violation of any applicable federal, state, local, national, or international law, statute, regulation, ordinance, or rule, or the rights of any third party;
(d) Your User Content, including any claim that your User Content infringes, misappropriates, or otherwise violates the copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property or proprietary rights of any third party;
(e) Your interactions with other Users, whether on or off the Service;
(f) Your attendance at or participation in any Event;
(g) Any dispute between you and any other User.

This indemnification obligation shall survive the termination, expiration, or cancellation of your account and these Terms, and shall apply regardless of any negligence on the part of the Indemnified Parties.

14. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

14.1 Mandatory Informal Dispute Resolution

Prior to initiating any formal dispute resolution proceeding, whether in arbitration or in court, you and the Company mutually agree to first attempt to resolve any Dispute (as defined herein) informally. You agree to send a written notice of your Dispute to the Company at [email protected], including: (a) your full name; (b) the email address associated with your account; (c) a detailed description of the Dispute; and (d) the specific relief you seek. The Company shall send any notice of Dispute to you at the email address associated with your account. The parties agree to negotiate in good faith for a period of no less than sixty (60) calendar days from the date of receipt of the notice of Dispute before either party may commence arbitration or court proceedings (the "Informal Resolution Period"). During the Informal Resolution Period, all applicable statutes of limitation and deadlines for filing fees shall be tolled.

14.2 Agreement to Binding Individual Arbitration

IF A DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL RESOLUTION PROCESS SET FORTH IN SECTION 14.1, YOU AND THE COMPANY MUTUALLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, OR CAUSES OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICE, YOUR USE OF THE SERVICE, YOUR RELATIONSHIP WITH THE COMPANY, OR ANY OTHER MATTER (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A COURT OR JURY, EXCEPT THAT: (A) EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF THE CLAIM FALLS WITHIN THE COURT'S JURISDICTIONAL LIMITS; AND (B) EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, AS SET FORTH IN SECTION 14.7 BELOW.

All arbitration proceedings shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Agreement. The arbitration shall be conducted by a single, neutral arbitrator. The seat of the arbitration shall be in the State of North Carolina, unless the parties mutually agree to an alternative location. The arbitrator shall apply the substantive law of the State of North Carolina (without regard to its conflict of laws principles) and these Terms. The arbitrator's award shall be final, binding, and enforceable, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to award any relief that would be available in a court of law, including but not limited to monetary damages, declaratory relief, and injunctive relief.

14.3 Class Action Waiver and Prohibition on Collective Proceedings

YOU AND THE COMPANY MUTUALLY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, MULTI-PLAINTIFF ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON, SHALL NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND SHALL NOT AWARD CLASS-WIDE, COLLECTIVE, OR REPRESENTATIVE RELIEF.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL, UNCONSCIONABLE, OR OTHERWISE UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (SECTIONS 14.2 THROUGH 14.7) SHALL BE DEEMED NULL AND VOID WITH RESPECT TO SUCH DISPUTE, AND THE DISPUTE SHALL PROCEED EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH SECTION 15.

14.4 Mass Arbitration and Bellwether Procedures

In the event that twenty-five (25) or more substantially similar arbitration demands are filed against the Company within a sixty (60) calendar day period by or with the assistance of the same law firm, group of law firms, or organization (a "Mass Filing"), the following bellwether process shall apply: (a) counsel for the claimants and counsel for the Company shall each select up to five (5) arbitration demands to proceed as bellwether cases (for a total of up to ten (10) bellwether cases); (b) all remaining arbitration demands in the Mass Filing shall be automatically stayed pending the final resolution of the bellwether cases; (c) the results of the bellwether cases shall be used by the parties to inform and facilitate settlement negotiations for the remaining stayed claims; and (d) if the parties are unable to resolve the remaining claims through negotiation within ninety (90) calendar days following the resolution of the bellwether cases, the remaining claims shall proceed in accordance with the AAA's rules and procedures for Mass Filings.

14.5 Right to Opt Out of Arbitration

You may opt out of the binding arbitration provision set forth in this Section 14 by sending a written opt-out notice to the Company at 210 N Church St, Unit 1706, Charlotte, NC 28202 within thirty (30) calendar days of the date on which you first accept these Terms (e.g., by creating an account or first using the Service). Your opt-out notice must include: (a) your full legal name; (b) the email address associated with your account; (c) your mailing address; and (d) a clear and unambiguous statement that you wish to opt out of the binding arbitration provision contained in these Terms. If you timely and properly submit an opt-out notice in accordance with this Section, you and the Company agree to resolve Disputes exclusively in the state or federal courts located in the State of North Carolina, as set forth in Section 15. If you do not timely opt out, you shall be bound by the arbitration provision for all Disputes.

14.6 Exception for Sexual Assault and Sexual Harassment Claims

Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. Sections 401-402, at the election of the claimant, any Dispute arising out of or relating to conduct that constitutes sexual assault or sexual harassment (as those terms are defined under applicable federal or state law) may be brought and litigated in a court of competent jurisdiction rather than in arbitration, notwithstanding the arbitration agreement set forth in this Section 14. This exception is mandated by federal law and cannot be waived.

14.7 Exception for Intellectual Property Claims

Notwithstanding the arbitration agreement set forth in this Section, either party may seek injunctive relief, temporary restraining orders, preliminary injunctions, or other equitable remedies in any court of competent jurisdiction to prevent or restrain the actual or threatened infringement, misappropriation, or violation of such party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, without the requirement of posting a bond or other security.

15. GOVERNING LAW, JURISDICTION, AND LEGAL PROCEEDINGS

15.1 Governing Law

These Terms and any Dispute arising out of or relating to these Terms, the Service, or your use of the Service shall be governed by, construed in accordance with, and interpreted under the substantive laws of the State of North Carolina, without regard to its conflict of laws principles, rules, or provisions that would cause the application of the laws of any other jurisdiction.

15.2 Exclusive Venue and Personal Jurisdiction

To the extent that the arbitration agreement in Section 14 does not apply to a particular Dispute, or to the extent that you have validly opted out of arbitration pursuant to Section 14.5, any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state courts of competent jurisdiction located in the State of North Carolina or in the United States District Court for the applicable district in North Carolina. You hereby irrevocably consent and submit to the exclusive personal jurisdiction of such courts for the purpose of any such action, suit, or proceeding, and you hereby irrevocably waive any objection to venue or jurisdiction, including any objection based on the doctrine of forum non conveniens.

15.3 Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION, CLAIM, OR DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CAUSE OF ACTION FIRST ACCRUES. FAILURE TO COMMENCE SUCH ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN SUCH CAUSE OF ACTION BEING PERMANENTLY AND IRREVOCABLY BARRED.

15.4 Prevailing Party Attorney's Fees

In any legal proceeding, arbitration, or other dispute resolution process arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert witness fees, court costs, arbitration costs, and other litigation expenses from the non-prevailing party, to the extent permitted by applicable law.

15.5 Waiver of Right to Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR CROSS-CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

16. LAW ENFORCEMENT COOPERATION AND LEGAL COMPLIANCE

16.1 Cooperation with Law Enforcement Authorities

The Company will cooperate with law enforcement agencies, regulatory bodies, and governmental authorities at the federal, state, and local level, and will comply with all valid and lawful legal process, including but not limited to:

(a) Grand jury subpoenas and trial subpoenas;
(b) Administrative subpoenas;
(c) Court orders;
(d) Search warrants;
(e) National security letters;
(f) Foreign intelligence surveillance orders;
(g) Emergency requests from law enforcement involving situations of imminent danger of death or serious bodily injury;
(h) Civil litigation subpoenas and court orders, to the extent applicable;
(i) Any other lawful requests for information issued by authorized governmental or regulatory authorities.

16.2 Categories of Data Subject to Disclosure

In response to valid legal process, the Company may be required to disclose, and hereby reserves the right to disclose, the following categories of User data and information:

(a) Account registration information, including email address, telephone number, and date of birth;
(b) Profile information, including name, bio, gender, photographs, and preference settings;
(c) IP addresses, login records, session logs, and authentication timestamps;
(d) Payment records, including transaction identifiers, invoice numbers, amounts, billing periods, and payment method metadata;
(e) Message metadata, including sender and recipient identifiers, timestamps, message types, and delivery status;
(f) Message content — messages transmitted through the Service are encrypted using server-side encryption for security purposes; however, the Company retains the technical capability to decrypt message content and may be compelled to do so by valid legal process;
(g) Location data, including IP-based geolocation, GPS coordinates, and user-declared location information;
(h) Activity logs, including login history, feature usage, game session data, and behavioral data;
(i) Device information, including device type, device fingerprint, operating system, browser user agent, and device identifiers;
(j) Any other data or information in the Company's possession, custody, or control, to the extent required by applicable law or valid legal process.

16.3 User Notification of Law Enforcement Requests

Where legally permitted and not prohibited by applicable law, court order, or the terms of the legal process, the Company shall make reasonable efforts to notify the affected User of a law enforcement request for their data prior to disclosure. Notwithstanding the foregoing, the Company may be legally prohibited from providing such notice under certain circumstances, including but not limited to: (a) where a court order or statutory provision expressly prohibits disclosure of the existence or nature of the request; (b) where the Company reasonably and in good faith believes that notification would jeopardize an ongoing investigation, endanger the life or safety of any person, or result in the destruction or tampering of evidence; or (c) where the request involves national security matters.

16.4 Preservation Requests

The Company will honor valid and lawful preservation requests from law enforcement agencies and other governmental authorities to preserve account data, records, and other information for the period specified in the request while the requesting authority obtains formal legal process.

16.5 Emergency Disclosures

The Company may, in its sole discretion and without prior legal process, disclose User information to law enforcement or other appropriate authorities if the Company reasonably and in good faith believes that there exists an emergency involving imminent danger of death, serious physical injury, kidnapping, human trafficking, child exploitation, or other life-threatening circumstances.

16.6 Evidence Holds and Litigation Preservation

The Company may place evidence holds, litigation holds, or legal holds on conversations, messages, account data, or other content and information relevant to actual or reasonably anticipated legal proceedings, moderation investigations, regulatory inquiries, or law enforcement requests. Content, data, and information subject to an evidence hold may be retained by the Company beyond normal retention periods for as long as the hold remains in effect.

17. ACCOUNT DEACTIVATION, DELETION, AND DATA MANAGEMENT

17.1 Account Deactivation (In-App Soft Delete)

You may deactivate your account at any time by using the account deactivation feature within the Service's settings. Account deactivation constitutes a "soft delete" and shall have the following effects:

(a) Your account shall be placed in a deactivated state, and your profile shall no longer be visible or discoverable to other Users;
(b) Your matches, conversations, and other interactions shall be removed from other Users' views;
(c) Your active subscription, if any, shall be cancelled, and you shall receive a prorated refund as described in Section 5.6(a);
(d) Your personal data, User Content, and account information shall be retained on the Company's servers in a deactivated state for a reasonable period of time;
(e) You may reactivate your account by logging back into the Service, subject to any applicable waiting periods, verification requirements, and the Company's policies.

17.2 Permanent Data Deletion (By Written Request Only)

If you wish to permanently and irreversibly delete your personal data from the Company's systems, you must submit a written request for data deletion via email to the Company at [email protected]. Upon receipt of a verified data deletion request, the Company shall proceed as follows:

(a) The Company shall permanently delete your personal data from its primary systems within thirty (30) calendar days of verification, except where retention is required or permitted under applicable law or this Agreement;
(b) The following categories of data may be retained notwithstanding your deletion request:
- (i) Data required to be retained for compliance with applicable legal, regulatory, tax, financial reporting, or contractual obligations (e.g., financial transaction records, tax records, regulatory filings);
- (ii) Data necessary for the enforcement of these Terms, including but not limited to ban records, device ban records, and moderation action records maintained to prevent re-registration by previously banned Users;
- (iii) Data relevant to the resolution of active disputes, claims, investigations, or legal proceedings;
- (iv) Data subject to active evidence holds, litigation holds, or legal holds as described in Section 16.6;
- (v) Data remaining in backup systems, disaster recovery archives, and offline storage media, which shall be removed within ninety (90) calendar days of deletion from primary systems;
- (vi) Anonymized, de-identified, and aggregated data that can no longer reasonably be used to identify you, which may be retained indefinitely for analytical, statistical, and research purposes.
(c) Permanent data deletion is an irreversible action. Once your personal data has been permanently deleted in accordance with this Section, the Company shall have no ability to recover, restore, or reconstruct your account, profile, matches, conversations, messages, photographs, or any other personal data.

17.3 Data Portability

You may request a copy of your personal data by submitting a written request to the Company at [email protected]. The Company shall provide your personal data in a commonly used, structured, machine-readable format (such as JSON or CSV) within thirty (30) calendar days of receipt of a verified request.

17.4 Effect of Permanent Deletion

Once permanent data deletion has been completed in accordance with Section 17.2:

(a) The deletion is permanent and irreversible, and the Company shall not be able to recover or restore any deleted data;
(b) Your account, profile, matches, conversations, messages, photographs, and all associated data shall be permanently and irrecoverably deleted;
(c) Any active subscription benefits shall be terminated without further refund beyond what has already been issued;
(d) Any purchased Digital Products, feature unlocks, or other in-app purchases shall be permanently forfeited without compensation.

17.5 Company-Initiated Account Deletion

The Company reserves the right, in its sole discretion, to delete accounts that have been inactive (i.e., no login activity) for an extended, continuous period of twenty-four (24) months or more. Prior to deleting an inactive account, the Company shall make reasonable efforts to notify the affected User via the email address associated with their account. Failure to respond to such notification within thirty (30) calendar days shall be deemed consent to account deletion.

18.1 Transactional and Operational Communications

By creating an account and using the Service, you expressly consent to receiving transactional, operational, and service-related communications from the Company, including but not limited to:

(a) Account verification emails and SMS messages containing one-time passcodes;
(b) Security alerts, including notifications of suspicious login attempts, unauthorized access, or account anomalies;
(c) Subscription and billing notifications, including renewal confirmations, payment receipts, and payment failure notices;
(d) Moderation action notifications, including warnings, suspension notices, and ban notices;
(e) Service updates, including notifications of material changes to these Terms, the Privacy Policy, or the Service's features and functionality.

These communications are essential to the secure and proper operation of the Service and are NOT subject to opt-out while your account remains active.

18.2 Opt-Out of Marketing and Promotional Communications

The Company may send you marketing, promotional, and advertising communications from time to time. You may opt out of receiving such communications at any time by:

(a) Adjusting your notification preferences within the Service's in-app settings; or
(b) Clicking the "unsubscribe" link contained in any marketing email.

Opting out of marketing and promotional communications shall not affect your receipt of transactional and operational communications described in Section 18.1.

18.3 Granular Notification Preferences

You may manage your notification preferences for the following categories of communications through your account settings within the Service:

(a) Event notifications, including upcoming events, event reminders, and active event alerts;
(b) Message notifications, including notifications for new messages and first messages from new matches;
(c) Match notifications, including notifications that a match request has been accepted;
(d) Promotional notifications, including offers, discounts, and special promotions;
(e) Subscription notifications, including expiration reminders and billing notifications.

Delivery methods (email, SMS, and push notifications) may be configured independently for each notification category to the extent such granular controls are available within the Service.

18.4 Push Notifications

If you enable push notifications on your device or browser, the Company may send push notifications to you in accordance with your notification preferences. You may disable push notifications at any time through your device settings, browser settings, or in-app notification preferences.

18.5 SMS Communications

By providing your telephone number in connection with the Service, you expressly consent to receiving SMS text messages from the Company and its service providers (including Twilio) for the purposes of phone verification, account authentication, and notification delivery. Standard carrier message and data rates may apply, and you are solely responsible for any such charges. You may opt out of non-essential SMS notifications at any time by replying STOP to any SMS message received from the Company (also recognized: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT), or by disabling SMS in your in-app notification preferences. To re-enable SMS notifications, reply START (also recognized: YES, UNSTOP). You may not opt out of SMS messages that are necessary for account verification and authentication while your account remains active. SMS notifications are disabled by default and must be explicitly enabled by you in your notification preferences.

By accessing or using the Service, you affirmatively consent to receive all communications from the Company in electronic form, including but not limited to emails, in-app messages, push notifications, and SMS messages. You agree that all agreements, notices, disclosures, legal notices, and other communications that the Company provides to you electronically satisfy any and all legal requirements that such communications be in writing, to the fullest extent permitted by applicable law, including but not limited to the requirements of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. Sections 7001-7031, and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable jurisdiction.

19. VOICE CHAT AND REAL-TIME AUDIO COMMUNICATIONS

19.1 Voice Chat Features and User Obligations

The Service provides real-time voice chat functionality that enables Users to engage in live audio conversations. By accessing or using the voice chat feature, you acknowledge, agree, and covenant that you shall:

(a) Comply with all applicable federal and state laws regarding the interception, recording, and disclosure of wire, oral, and electronic communications, as more fully described in Section 4.2.5 of these Terms;
(b) Refrain from using voice chat to harass, threaten, abuse, intimidate, bully, stalk, or otherwise harm any other User;
(c) Refrain from engaging in any conduct prohibited under Section 4 of these Terms during any voice chat session;
(d) Comply with all platform rules set forth in Section 4.2.5 regarding the recording and sharing of voice communications.

19.2 No Guarantee of Recording Compliance

While the Company provides guidelines regarding recording in Section 4.2.5, THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT OTHER USERS WILL COMPLY WITH APPLICABLE RECORDING LAWS, THESE TERMS, OR THE COMPANY'S PLATFORM RULES. The Company does not have the technical capability to prevent Users from recording voice chat sessions using external tools, devices, software, or screen-recording functionality. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU PARTICIPATE IN VOICE CHATS AT YOUR OWN RISK AND THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY RECORDING, DISTRIBUTION, OR MISUSE OF VOICE CHAT CONTENT BY ANY USER.

19.3 Voice Messages

The Service allows Users to send and receive voice messages within conversations. Voice messages are transmitted, stored, and encrypted on the Company's servers and are subject to the same content policies, moderation rights, and evidence hold provisions as text messages. The Company reserves the right to decrypt and review voice messages in connection with content moderation, User reports, or legal compliance.

20. MESSAGING, COMMUNICATIONS, AND ENCRYPTION

20.1 Message Storage and Encryption

All text messages, voice messages, and other communications transmitted through the Service are stored on the Company's servers. Message content is encrypted using server-side encryption for the purpose of protecting the confidentiality and integrity of User communications in transit and at rest.

20.2 Message Deletion by Users

You may delete messages that you have sent. Notwithstanding the deletion of a message by the sending User, deleted messages may still be:

(a) Retained in the Company's backup systems, disaster recovery archives, and offline storage media for a limited period not to exceed ninety (90) calendar days;
(b) Subject to evidence holds, litigation holds, or legal holds in connection with moderation investigations, legal proceedings, regulatory inquiries, or law enforcement requests;
(c) Visible to the recipient User if the recipient viewed or read the message prior to its deletion by the sender.

20.3 Message Moderation and Review

The Company reserves the right, in its sole discretion, to decrypt, access, review, monitor, and analyze message content, metadata, and communications in connection with: (a) content moderation and enforcement of these Terms; (b) investigation of User reports and complaints; (c) compliance with applicable law, regulation, or valid legal process; and (d) the protection of the safety, security, and well-being of Users and the public.

20.4 GIF Content and Third-Party Integration

The Service integrates with Giphy, Inc. for the purpose of enabling Users to search for and send GIF content within conversations. GIF content is provided by Giphy and is subject to Giphy's terms of service, privacy policy, and content ratings. The Company does not create, curate, control, or guarantee the content, accuracy, appropriateness, or availability of GIFs accessible through the Giphy integration, and the Company shall not be liable for any content displayed through such integration.

21. PHOTOGRAPHS, MEDIA, AND USER-UPLOADED CONTENT

21.1 Photograph Guidelines and Requirements

You may upload up to nine (9) photographs to your profile on the Service. Your primary profile photograph (the first photograph displayed on your profile) must clearly and accurately depict you, the account holder. Additional photographs beyond the primary profile photograph may depict other subjects, including but not limited to pets, hobbies, travel destinations, or artistic imagery, provided that all photographs comply with the content guidelines set forth in this Section and elsewhere in these Terms. All photographs uploaded to the Service must:

(a) Not contain nudity, partial nudity, sexually explicit content, sexually suggestive content, or graphic depictions of violence;
(b) Not infringe upon, misappropriate, or otherwise violate the copyright, trademark, right of publicity, right of privacy, or other intellectual property or proprietary rights of any third party;
(c) Not contain personal contact information, telephone numbers, email addresses, website URLs, social media handles, QR codes, or advertising or promotional content;
(d) Not include non-consensual intimate imagery ("NCII") of any person;
(e) Not be deepfake, AI-generated, synthetically produced, or digitally manipulated images designed to depict, appear to depict, or impersonate any real person without such person's express consent;
(f) Comply with all other content guidelines, community standards, and prohibited conduct provisions set forth in these Terms.

21.2 Photograph Moderation

The Company reserves the right, in its sole and absolute discretion, to review, flag, remove, or disable access to any photograph or media that, in the Company's judgment, violates these Terms, the Company's content guidelines, or applicable law, or that the Company otherwise deems inappropriate, offensive, or harmful. Such removal may be effected without prior notice to the User and without liability.

21.3 Photograph Storage

Photographs and media uploaded to the Service are stored on third-party cloud storage infrastructure provided by Amazon Web Services, Inc. (AWS S3). By uploading photographs or media to the Service, you acknowledge and consent to the storage, processing, and transmission of your photographs and media through AWS infrastructure in accordance with the Company's Privacy Policy and AWS's security standards.

21.4 Digital Millennium Copyright Act ("DMCA") Notice and Takedown Procedure

The Company respects the intellectual property rights of others and complies with the notice-and-takedown provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). The Company has registered a designated agent with the United States Copyright Office to receive notifications of claimed infringement.

Designated DMCA Agent:

Kream & Sugar Dating LLC
Attn: DMCA Agent
210 N Church St, Unit 1706
Charlotte, NC 28202, USA
Email: [email protected]

21.4.1 Filing a DMCA Notice of Claimed Infringement

If you are a copyright owner, or an agent thereof, and you believe in good faith that any content available on or through the Service infringes upon your copyright, you may submit a written notification to the designated agent above. To be effective under 17 U.S.C. § 512(c)(3)(A), your notification must include all of the following:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material (including, where applicable, the URL or screen-shot of the profile, photograph, or other content);
(d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21.4.2 Company Response to DMCA Notices

Upon receipt of a notification that substantially complies with § 21.4.1 above, the Company will: (i) expeditiously remove or disable access to the material claimed to be infringing or to be the subject of infringing activity; (ii) take reasonable steps to notify the User who uploaded the material that the material has been removed or access disabled; and (iii) record the removal action in the Company's internal administrative audit-log system, capturing the identity of the administrator effecting the removal, the date and time of removal, the reason recorded, and the identifier of the removed material.

21.4.3 Counter-Notification

If you are a User whose content has been removed or disabled in response to a DMCA notification and you believe in good faith that the material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to the designated agent above. To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must include:

(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or, if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

Upon receipt of a counter-notification that substantially complies with the requirements above, the Company will provide the original complainant with a copy of the counter-notification and will, in accordance with 17 U.S.C. § 512(g)(2)(C), restore or cease disabling access to the material in not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notification, unless the Company first receives notice from the original complainant that such complainant has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Service.

21.4.4 Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), the Company maintains and enforces a policy of terminating, in appropriate circumstances, the accounts of Users who are determined to be repeat infringers. Determinations of repeat infringement are made through the Company's enforcement-ladder system described in Section 11 of these Terms. A copyright-related infringement determination constitutes a violation under that ladder, and accumulated violations may result in account suspension, termination, and permanent removal from the Service.

21.4.5 Misrepresentation

You acknowledge that, under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by the Company, who is injured by such misrepresentation as a result of the Company's reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

21.4.6 No Legal Advice

The information contained in this Section 21.4 is provided for informational purposes only and does not constitute legal advice. If you are uncertain whether material on the Service infringes your copyright or another party's copyright, the Company strongly encourages you to consult with a licensed attorney before submitting a DMCA notification or counter-notification.

22. LOCATION SERVICES AND GEOLOCATION DATA

22.1 Collection of Location Data

The Service may collect, process, and use location data through the following methods:

(a) IP-Based Geolocation. The Service may determine your approximate geographic location (estimated city, state or province, and country) based on your Internet Protocol (IP) address using third-party geolocation services;
(b) GPS/Device-Based Location. If you grant the Service permission to access your device's location services, the Service may collect precise geographic location data, including latitude and longitude coordinates, GPS accuracy measurements, and timestamps.

22.2 Use of Location Data

Location data collected by the Service is used for the following purposes:

(a) Matching you with other Users in your preferred geographic area based on your matchmaking radius preference;
(b) Providing location-relevant features, content, events, and recommendations;
(c) Determining your eligibility for location-based promotions and offers;
(d) Security, fraud prevention, and abuse detection purposes.

22.3 Location Permissions and Effect of Disabling

You may control the Service's access to your device's location services through your device or browser settings. However, if you disable, restrict, or deny location services permissions, certain features of the Service, including but not limited to distance-based matching, location-relevant recommendations, and geographic preference filtering, will be significantly impaired or rendered non-functional. Disabling location services may result in a materially degraded experience and may prevent certain core features of the Service from operating as intended.

23. GAMES, VIRTUAL CAFES, AND INTERACTIVE FEATURES

23.1 Virtual Cafes, Games, and Interactive Experiences

The Service includes interactive features, including but not limited to virtual cafes and games (collectively, "Interactive Features"), which are designed to facilitate real-time social interaction between Users in a structured, game-based, or cafe-based setting as part of the dating experience. Interactive Features may be available during specific event windows, time periods, or scheduled sessions, and access to certain Interactive Features may require a paid subscription at a specified tier level.

23.2 Intellectual Property in Game and Interactive Content

All game content, virtual cafe content, and Interactive Feature content, including but not limited to source code, object code, game mechanics, game rules, scoring systems, question banks, graphics, animations, audio, music, sound effects, user interface designs, and visual elements, is the exclusive intellectual property of the Company and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. You shall not copy, reproduce, modify, adapt, translate, distribute, reverse-engineer, decompile, or create derivative works from any Interactive Feature content.

23.3 Collection of Game and Interaction Data

The Company collects data related to your participation in and use of Interactive Features, including but not limited to: session duration, session timestamps, questions answered, points scored, cafe session data, queue activity, round completion data, interaction history, and partner pairing data. This data is used to operate the Interactive Features, improve the overall User experience, facilitate matchmaking, and for analytical and statistical purposes.

24. FORCE MAJEURE

The Company shall not be liable for any failure, delay, interruption, or impairment in the performance of any of its obligations under these Terms to the extent that such failure, delay, interruption, or impairment is caused by or results from circumstances beyond the Company's reasonable control (a "Force Majeure Event"), including but not limited to: natural disasters (including earthquakes, hurricanes, tornadoes, floods, tsunamis, and volcanic eruptions), acts of God, war (whether declared or undeclared), armed conflict, terrorism, insurrection, civil unrest, riots, sabotage, embargoes, sanctions, acts or orders of any governmental, civil, or military authority, fire, explosion, epidemics, pandemics, quarantines, public health emergencies, labor disputes (including strikes, lockouts, and work slowdowns), shortages of materials or supplies, power outages, utility failures, internet service disruptions, telecommunications failures, satellite failures, cable failures, distributed denial-of-service (DDoS) attacks, cyberattacks, ransomware attacks, data breaches attributable to third parties, or any other cause beyond the reasonable control of the Company.

25. SEVERABILITY

If any provision, clause, sentence, phrase, or part of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable while preserving the original intent of the parties to the maximum extent possible, and the remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated in any way.

26. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other documents, policies, or agreements expressly incorporated herein by reference, constitute the complete, final, and exclusive agreement between you and the Company with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous agreements, understandings, negotiations, representations, warranties, and communications, whether written, oral, electronic, or implied, between you and the Company regarding such subject matter.

27. WAIVER

The failure of the Company to exercise or enforce any right, remedy, or provision of these Terms shall not operate as or be construed as a waiver of such right, remedy, or provision, or of any other right, remedy, or provision. A waiver of any right, remedy, or provision under these Terms shall be effective only if made in writing and signed by a duly authorized representative of the Company, and any such waiver shall not be construed as a waiver of any subsequent breach or default of the same or any other provision.

28. ASSIGNMENT AND TRANSFER

You may not assign, delegate, transfer, pledge, encumber, or otherwise dispose of your rights or obligations under these Terms, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior express written consent of the Company. Any attempted assignment or transfer in violation of this Section shall be null and void and of no force or effect. The Company may freely assign, delegate, or transfer its rights and obligations under these Terms, in whole or in part, without restriction, notice, or consent, including but not limited to in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of the Company's assets, or similar transaction.

29. NO THIRD-PARTY BENEFICIARIES

These Terms are intended solely for the benefit of you and the Company, and nothing contained herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, claim, cause of action, or remedy of any kind under or by reason of these Terms. No third party shall have any right to enforce any provision of these Terms.

30. NOTICE TO CALIFORNIA RESIDENTS

If you are a resident of the State of California, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at: Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834; by telephone at (800) 952-5210; or by electronic mail at [email protected].

31. CONTACT INFORMATION

If you have any questions, concerns, complaints, or inquiries regarding these Terms, the Service, or any other matter, please contact the Company at:

Kream & Sugar Dating LLC 210 N Church St, Unit 1706 Charlotte, NC 28202 Email: [email protected]

32. ACKNOWLEDGMENT AND ACCEPTANCE

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU HEREBY ACKNOWLEDGE, REPRESENT, AND WARRANT THAT YOU HAVE CAREFULLY READ, FULLY UNDERSTOOD, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS, CONDITIONS, COVENANTS, REPRESENTATIONS, WARRANTIES, DISCLAIMERS, AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS OF USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THESE TERMS, TOGETHER WITH THE COMPANY'S PRIVACY POLICY, CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE SERVICE, AND THAT THESE TERMS SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS PROPOSALS, AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS, AND COMMUNICATIONS, WHETHER ORAL, WRITTEN, OR ELECTRONIC, BETWEEN YOU AND THE COMPANY RELATING TO THE SUBJECT MATTER HEREOF.

These Terms are effective as of April 20, 2026.