Effective Date: August 15, 2024

Your use of Date Detective or date-detective.app (the "App") and any related services (together, "Services") is governed by these Terms of Use ("TOU"). These TOU let you know how you may and may not use this App. These TOU also inform you of your rights and duties when using our App.

Schmerms LLC, AKA Date Detective ("Date Detective" or "Our") provides the App for your use. Date Detective owns and maintains the App for use by third parties. By using our App, you agree to abide by these TOU, which form a binding agreement between you and Date Detective (the "Agreement"). This Agreement is a legally binding contract, and you have a duty to read these TOU before using our App. If you do not agree to the provisions in these TOU, you must immediately cease use of the App.

1. Date Detective May Amend These TOU and Will Update the Effective Date Shown Above to Notify Users

Date Detective reserves the right to amend, replace, suspend, or terminate this Agreement or any portion of its TOU at any time as required by changes in the law, circumstances, its business, or any other reason as determined by Date Detective in its sole discretion. Even if you have used Date Detective's services in the past, we encourage you to review these TOU before each use of the App.

While Date Detective may amend these TOU in its sole discretion, it will not hide any changes from you! Please note the Effective Date shown at the top of these TOU. If these TOU are modified, suspended, or otherwise changed, the Effective Date will change to reflect the date on which the change took place. Your use of the App after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement to these TOU and will form a new, superseding and binding contract between Date Detective and you based on the updated TOU.

2. Warranties

You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into this Agreement with Date Detective by your use of our App. You also warrant that your use of the App does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the App. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If you are accessing or using the App on behalf of a governmental organization, non-governmental organization, business, or other legal entity, you warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the terms of this Agreement.

3. Privacy Policy

Date Detective respects your privacy and has set out how information provided by you to Date Detective may be used in a separate Privacy Policy. Date Detective hereby incorporates its Privacy Policy by reference as if fully restated herein.

4. Accounts

In order to use the Services, you must create an account through the App ("Account"). All Accounts are considered general user accounts upon creation. ("User Account"). Date Detective retains authority to remove or disable Accounts at any time, for any reason.

5. Privacy Rights of Third Parties

You hereby warrant that any and all Personally Identifiable Information that you use or upload into any tool or aspect of the Services was obtained and is used with the explicit consent of the data subject. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DATE DETECTIVE FROM ANY AND ALL VIOLATIONS OF ANY DATA PRIVACY LAWS OR REGULATIONS BASED ON YOUR MISUSE OF ANY THIRD PARTY PERSONAL DATA OR PERSONALLY IDENTIFIABLE INFORMATION.

6. Intellectual Property Rights

Date Detective is the owner of all rights in, and to, the App and, unless otherwise noted, its associated content, including, but not limited to, copyrights, trademark and trade dress rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The survey content, and the intellectual property related to that content, is all owned by third parties. Date Detective has expended a lot of time and effort developing the App. We are proud of it, and we hope you appreciate how important it is for Date Detective to protect its intellectual property. The App is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Date Detective provides you with the right to use the App on a limited basis without forfeiting any of its rights in and to the App and associated content. You are expressly prohibited from using the App for any purposes not stated in these TOU.

7. Specifically Prohibited Use of the Services

You agree that you will not: (1) impose a disproportionate load on the App or its server infrastructure or otherwise attempt to interfere with the operation of the Services; (2) circumvent any technological or security protection mechanisms used by Date Detective; (3) use a robot, spider, scraper, or other automated technology to access the App; (4) attempt to gain access to the private data or personal information of a user of the Services or a third party through the Services; (5) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Services or third parties by using the Services in any way; (6) harass any user of the Services or any third party through your use of the Services; (7) post or transmit content that threatens or encourages bodily harm or the destruction of property; (8) post or transmit content that infringes upon the intellectual property rights of other users of the Services or third parties; (9) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; (10) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257; (11) post or transmit content about any person under the age of 18 years old; or (12) post or transmit content that is deceptive or knowingly untrue to the best of your knowledge.

Date Detective employs safeguards to maintain the confidentiality of contact information and other personally identifiable information. Any attempt to circumvent these confidentiality measures is expressly prohibited. Examples of this prohibited use include, but are not limited to:

Using the 'Add Connection' form 'First Name' field to include a First and Last name.
Using the 'Add Connection' form summary text to include a person's full name, place of employment, or contact information.
Exposing a person's full name, place of employment, or contact information in a discussion post or discussion reply.
Uploading images which contain a person's full name, place of employment, or contact information.

8. Copyright Takedown Policy

If you believe that a user of the App has infringed your copyrights, you may provide Date Detective with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Copyright takedown Upon receipt of a notice that complies with this section, Date Detective will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

Please send all notices to report@date-detective.app

This notice of copyright infringement must contain the following:

The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the App;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are an App user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

Identification of the specific materials that have been removed from the App;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which Date Detective is located;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.

9. How You May Use Our App

Date Detective hereby provides you with a limited, non-exclusive, non-assignable, non-sub-licensable, revocable license to use the App for its customary and intended purposes. Use of the App for a purpose outside of its customary and intended purposes or in violation of the express provisions of these TOU may result in the immediate termination of any limited license granted to you by Date Detective through these TOU or otherwise as determined by Date Detective in its sole discretion. This license may be revoked by Date Detective at any time, and any rights not expressly granted herein are reserved by Date Detective.

You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, or reverse engineering the App, whether in whole or in part, without the prior written consent of Date Detective.

10. Indemnification

You agree to hold harmless, defend, and indemnify Date Detective from and against any and all claims, demands, judgments, liabilities, costs, and fees, including costs and attorneys' fees, arising out of or related to: (1) Your use of the App; (2) a violation of any provision of these TOU; (3) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with your use of the App; and/or (4) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with your use of the App. Your obligation to indemnify Date Detective will not provide you with the ability or right to control Date Detective' defense or legal strategy, and Date Detective reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.

11. Modification of the App or Date Detective's Services

Date Detective reserves the right to accept, reject, modify, suspend, deactivate, or delete any User or User-generated content at any time for any reason as determined in its sole discretion. Date Detective reserves the right to modify or cease providing access to the App or any of its associated services at any time without notice in its sole discretion.

12. Specifically Prohibited Use of the App

You agree that you will not: (1) impose a disproportionate load on the App or its server infrastructure or otherwise attempt to interfere with the operation of the App; (2) circumvent any technological or security protection mechanisms used by Date Detective; (3) use a robot, spider, scraper, or other automated technology to access the App; (4) attempt to gain access to the private data or personal information of a user of the App or a third party through the App; (5) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the App or third parties by using the App in any way; (6) harass any user of the App or any third party through your use of the App; (7) post or transmit content that threatens or encourages bodily harm or the destruction of property; (8) post or transmit content that infringes upon the intellectual property rights of other users of the App or third parties; (9) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; (10) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257; (11) post or transmit content about any person under the age of 18 years old; or (12) post or transmit content that is deceptive or knowingly untrue to the best of your knowledge.

Using the 'Add Connection' form 'First Name' field to include a First and Last name.
Using the 'Add Connection' form summary text to include a person's full name, place of employment, or contact information.
Exposing a person's full name, place of employment, or contact information in a discussion post or discussion reply.
Uploading images which contain a person's full name, place of employment, or contact information.

13. No Guarantees

Date Detective offers its services "AS-IS" with no guarantees as to any outcome or result.

14. No Professional Advice

Any information available on this App, social media, or provided by any Date Detective employee or agent, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute professional advice. Any information provided through this App is not a substitute for professional advice and it is important that you not make decisions without first consulting a professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Date Detective is not a verification service, background check service, or consumer reporting agency. User-generated content available through Date Detective is not verified for authenticity and reflects the subjective opinions of users. Information available on Date Detective should not be taken as a statement of fact. Date Detective may at times use third-party databases to obtain records. We do not guarantee that the information provided from these records is correct, comprehensive, or current.

Date Detective strongly encourages all users to exercise their best judgment and take all precautions when reviewing any and all information made available on the App.

15. No Consumer Reports

Date Detective is not a consumer reporting agency as defined by the FCRA. Information provided by or available in the App cannot be used to establish a person's eligibility for personal credit or employment, tenant screening, admission, or evaluate risk connected with a business transaction, or for any other purpose under the FCRA.

16. Third Party Links

You acknowledge and agree that the App and emails from Date Detective affiliates may contain links to third-party content that is not owned or controlled by Date Detective. Date Detective will not be held liable or responsible for the content of any third-party, and you are advised to review the terms of use agreements and privacy policies of those third-parties.

17. Subscriptions and Purchases

The App may offer subscription-based services that grant you access to certain features and content. By purchasing a subscription, you agree to pay the applicable fees as specified in the App.

18. Non-Refundable Purchases

All subscription purchases made through the App are non-refundable. As the items and services provided are digital and intangible, they cannot be returned or refunded once purchased. Please carefully review the features and terms of the subscription before making a purchase.

19. Automatic Renewal

Subscriptions are automatically renewed at the end of each subscription period unless you cancel your subscription at least 24 hours before the renewal date. The renewal charge will be applied to the payment method associated with your account. Apple App Store subscriptions can be managed through your Apple App Store account. Google Play Store subscriptions can be mamaged through your Google Play Store account.

20. Termination

This Agreement will remain in full force and effect until you either cease use of the Services or your fees due are paid in full and Date Detective has delivered all services contracted for. You may terminate the services by deactivating your account, notifying Date Detective at support@date-detective.app in a written statement describing your intent to terminate the Agreement created by these TOU and your use of the App. Date Detective may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by Date Detective in its sole discretion. You must pay all monies due notwithstanding termination of the services.

21. Date Detective Disclaimer of Warranties

DATE DETECTIVE PROVIDES THE SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

22. Limitation on Liability

DATE DETECTIVE WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF DATE DETECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DATE DETECTIVE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE APP, INCLUDING, BUT NOT LIMITED TO, ANY USER-GENERATED CONTENT OR CONNECTION RATINGS. DATE DETECTIVE IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE APP OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS, OR ALTERATION THEREOF. DATE DETECTIVE RESERVES THE RIGHT TO DISCONTINUE THE APP AT ANY TIME AND WITHOUT LIABILITY.

23. Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Date Detective may assign its rights and obligations under this Agreement at any time.

24. Choice of Law

This Agreement shall be governed in all respects by the laws of the State of Arizona irrespective of choice-of-law. You agree that any claim or dispute you may have against Date Detective, its agents, or any successor in interest must be resolved by a court located in Maricopa County in the State of Arizona. You hereby consent to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating or otherwise resolving all such claims or disputes.

25. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

26. Integration

This Agreement, created by your use of the App and these TOU, incorporating the Privacy Policy, constitute the entire agreement between the parties with respect to the use of the App and the associated services provided by Date Detective. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Date Detective.

27. Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

28. Limitation on Actions

DATE DETECTIVE AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP OR DATE DETECTIVE RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

28. Reservation of Rights

All rights not expressly granted herein are reserved to Date Detective.