SINNDER

 

 

TERMS OF USE

Last revised on November 12, 2019

Welcome to Sinnder, operated by Sinnder LLC (“us,” “we,” the “Company” or “Sinnder”).

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Sinnder. If you wish to request a refund, please visit https://getsupport.apple.com . If you subscribed using your Google Play Store account or through Sinnder Online: Contact customer support

Key changes to the Terms of Use in this version:

(i) We removed references to Sinnder Stacks, which we discontinued.

(ii) We clarified rules regarding eligibility for the one-time right to opt out of the retroactive application of our Arbitration Agreement and specified that R-9 of the American Arbitration Association Consumer Arbitration Rules applies to our Arbitration Agreement.

1. Acceptance of Terms of Use Agreement.

By creating a Sinnder account or by using any Sinnder service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips , each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users provided for in Section 15), you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on sinnder.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Sinnder, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

You must be at least 18 years of age to create an account on Sinnder and use the Service. By creating an account and using the Service, you represent and warrant that:

3. Your Account.

In order to use Sinnder, you may sign in using your Google login.  If you do so, you authorize us to access and use certain Google account information, including but not limited to your public Google profile and information about Google friends you share in common with other Sinnder users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy .

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Sinnder, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact info@sinnder.com.

4. Modifying the Service and Termination.

Sinnder is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.

Sinnder may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Sinnder: Section 4, Section 5, and Sections 12 through 19.

5. Safety; Your Interactions with Other Users.

Though Sinnder strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Sinnders Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users .

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SINNDER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SINNDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. SINNDER RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT SINNDER MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. Rights Sinnder Grants You.

Sinnder grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Sinnder and permitted by this Agreement. Therefore, you agree not to:

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant Sinnder.

By creating an account, you grant to Sinnder a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Google, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Sinnders license to your Content shall be non-exclusive, except that Sinnder’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Sinnder would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Sinnder can prevent the use of your Content outside of the Service, you authorize Sinnder to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Sinnder users).

You agree that all information that you submit upon creation of your account, including information submitted from your Google account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Sinnder above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Sinnder allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Sinnder regarding our Service, you agree that Sinnder may use and share such feedback for any purpose without compensating you.

You agree that Sinnder may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you will not:

Sinnder reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Sinnder regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Users’ Content.

Although Sinnder reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Sinnder cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via info@sinnder.com.

10. Purchases.

Generally. From time to time, Sinnder may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Sinnder direct billing or other payment platforms authorized by Sinnder. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Sinnder or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on Sinnder) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Sinnder application from your device. Deleting your account on Sinnder or deleting the Sinnder application from your device does not cancel your subscription; Sinnder will retain all funds charged to your Payment Method until you cancel your subscription on Sinnder or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay Sinnder directly with your Payment Method. If you pay Sinnder directly, Sinnder may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Sinnder may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting Sinnder and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Sinnder will be through MTCH Technology Services Limited.

Super Likes and Other Virtual Items. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Cupid arrow (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Sinnder ceases providing the Service or your account is otherwise closed or terminated. Sinnder, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Sinnder may manage, regulate, control, modify or eliminate Virtual Items at any time. Sinnder shall have no liability to you or any third party in the event that Sinnder exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT SINNDER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Sinnder) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund: 
If you subscribed using your Apple ID, refunds are handled by Apple, not Sinnder. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Sinnder directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Sinnder (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Sinnder, Attn: Cancellations, 401 Ryland St, STE 200-A,RENO, NV, 89502 USA.

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@match.com , by phone to 214-576-3272 or via mail to the following address:

Copyright Compliance Department c/o Match Group Legal 8750 N. Central Expressway, Suite 1400 Dallas, Texas 75231

Sinnder will terminate the accounts of repeat infringers.

12. Disclaimers.

SINNDER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SINNDER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

SINNDER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

SINNDER DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Sinnder is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Sinnder is not responsible or liable for such third parties’ terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SINNDER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SINNDER HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SINNDER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SINNDER DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST SINNDER, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

Except where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Sinnder in a small claims court of competent jurisdiction in the county in which you reside, or in Dallas County, Texas. Such arbitration shall be conducted by written submissions only, unless either you or Sinnder elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Sinnder.

  2. By accepting this Agreement, you agree to the Arbitration Agreement in this Section 15 (subject to the limited one-time right to opt out within thirty (30) days belonging to users who first created an account or used the Service prior to May 9, 2018 (such users, “Legacy Users”), discussed below). In doing so, BOTH YOU AND SINNDER GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and Sinnder (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, without limitation, any past, pending or future class actions, including those existing as of the date of this Agreement, which include without

  3. If you assert a claim against Sinnder outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Sinnder. Both you and Sinnder are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures .

  4. The Jurisdiction and Venue provisions in Sections 16 and 17 are incorporated and are applicable to this Arbitration Agreement.  As you decide whether to agree to this Arbitration Agreement, here are some important considerations:

  1. WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
Limited One-Time Right To Opt Out Of The Retroactive Application of the Arbitration AgreementNOTE: THIS OPT OUT SECTION DOES NOT (a) APPLY TO NEW USERS AFTER MAY 8, 2018 (I.E., USERS WHO HAD NEVER PREVIOUSLY USED SINNDER AND WHO FIRST CREATED AN ACCOUNT AFTER MAY 8, 2018) (b) EXEMPT ANY CLAIMS OR DISPUTES OF ANY USER ARISING AFTER MAY 8, 2018 FROM THE APPLICATION OF THE ARBITRATION AGREEMENT IN THIS SECTION 15, OR (c) APPLY TO ANY LEGACY USER WHO LOGGED IN TO SINNDER OR USED THE SERVICE AFTER MAY 8, 2018, AND WHO DID NOT OR DOES NOT, AS APPLICABLE, EXERCISE SUCH USER’S ONE-TIME OPT OUT RIGHT WITHIN 30 DAYS AFTER SUCH USER’S FIRST LOGIN OR USE OF THE SERVICE AFTER SUCH DATE.
SUBJECT TO THE FOREGOING PARAGRAPH, IF YOU ARE A LEGACY USER (EXISTING USER PRIOR TO MAY 9, 2018), AND YOUR OPT OUT RIGHT HAS NOT PREVIOUSLY EXPIRED, AND IF YOU DO NOT AGREE TO BE SUBJECT TO THIS ARBITRATION AGREEMENT ON A RETROACTIVE BASIS, YOU MUST OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE FIRST DATE ON WHICH YOU LOGIN TO SINNDER OR USE THE SERVICE AFTER MAY 8, 2018, IN THE FOLLOWING SPECIFIED MANNER:
By sending an e-mail to info@sinnder.com within 30 days after the first date on which you login to Sinnder or use the Service. The e-mail opt out must contain the following to be effective: your full name, address, email address and/ or phone number associated with your Sinnder account, and a statement that you are opting out of the Retroactive Application of this Arbitration Agreement. Please do not direct any customer support inquiries to info@sinnder.com, as they will not be addressed; such inquiries should be directed to customer support.
Should you not opt out of the retroactive application of this Arbitration Agreement within such 30 day period, you and Sinnder shall be bound by the terms of this Arbitration Agreement, including its retroactive effect. You have the right to consult with counsel of your choice (at your cost) concerning this Arbitration Agreement. IF YOU OPT OUT OF THE RETROACTIVE EFFECT OF THIS ARBITRATION AGREEMENT, YOU WILL STILL BE SUBJECT TO AND BOUND BY ANY PRIOR ARBITRATION AGREEMENTS/ PROVISIONS YOU PREVIOUSLY AGREED TO WITH SINNDER AS WELL AS THIS ARBITRATION AGREEMENT ON A GOING FORWARD BASIS.16. Governing Law.Except where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Sinnder. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.
17. Venue.Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Sinnder that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Sinnder consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
18. Indemnity by You.You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Sinnder, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other.This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Sinnder regarding your relationship with Sinnder and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with Sinnder as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Sinnder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Sinnder account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Sinnder in any manner.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Guidelines

Welcome to the Sinnder community. If you’re honest, kind and respectful to others, you’ll always be welcome here. If you choose not to be, you may not last. Our goal is to allow users to express themselves freely as long as it doesn’t offend others. Everyone is held to the same standard on Sinnder. We’re asking you to be considerate, think before you act, and abide by our community guidelines both on and offline. You heard that right: your offline behavior can lead to termination of your Sinnder account.

Below is a list of our community policies. If you violate any of these policies, you might be banned from Sinnder. Seriously, don’t make us Swipe Left on you—because there will be no do-overs once we do. We encourage you to report any behavior that violates our policies, and read up on our Safety Tips.

 

Nudity/Sexual Content

We’re not asking you to comb your hair to one side or even speak in full sentences; but please keep it classy and appropriate for public consumption. No nudity, no sexually explicit content, and don’t chronicle all of your sexual desires in your bio. Keep it clean.

Harassment

Do not engage, or encourage others to engage, in any targeted abuse or harassment against any other user. This includes sending any unsolicited sexual content to your matches. Reports of stalking, threats, bullying, or intimidation, are taken very seriously.

Violence and Physical Harm

We do not tolerate violent, graphic, or gory content on Sinnder, or any actions or content that advocate for or threaten violence of any sort, including threatening or promoting terrorism. Physical assault, coercion, and any acts of violence are strictly prohibited.

Content that advocates for or glorifies suicide or self-harm is also not allowed. In these situations, we may take a number of steps to assist the user, including reaching out with crisis resources.

Hate Speech

Any content that promotes, advocates for, or condones racism, bigotry, hatred, or violence against individuals or groups based on factors like (but not limited to) race, ethnicity, religious affiliation, disability, gender, age, national origin, sexual orientation, or gender identity is not allowed.

Private Information

Don’t publicly broadcast any private information, yours or anyone else’s. This includes social security numbers, passports, passwords, financial information or unlisted contact information, such as phone numbers, email addresses, home/work address.

Spam

Don’t be fake. Be real instead. Don’t use Sinnder to drive people to external websites via a link or otherwise.

Promotion or Solicitation

Soliciting other users is prohibited on Sinnder. It’s fine to invite your matches to something that you’re doing, but if the purpose of your profile is to advertise your event or business, non-profit, political campaign, contest, or to conduct research, we may delete your account. While we’re excited that you’re doing a comedy show next week, please don’t use Sinnder to promote it.

Prostitution and Trafficking

Promoting or advocating for commercial sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited and will result in your account being banned from Sinnder.

Scamming

Sinnder has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other users’ private information for fraudulent or illegal activity may be banned. Any user caught sharing their own financial account information (PayPal, Venmo, etc.) for the purpose of receiving money from other users may also be banned from Sinnder.

Impersonation

Be yourself! Don’t pretend to be someone else.

Do not impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity. Minors

You must be 18 years of age or older to use Sinnder. As such, we do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately.

Copyright and Trademark Infringement

If it’s not yours, don’t post it. If your Sinnder profile includes any work that is copyrighted or trademarked by others, don’t display it, unless you are allowed to do so.

Illegal Usage

Don’t use Sinnder to do anything illegal. If it’s illegal IRL, it’s illegal on Sinnder.

One Person, One Account

Sinnder accounts cannot have multiple owners, so don’t create an account with your friend or significant other. Additionally, please don’t maintain multiple Sinnder accounts.

Third Party Apps

The use of any apps created by anyone other than Sinnder that claim to offer our service or unlock special Sinnder features (like auto-swipers) is not allowed.

Account Dormancy

Sinnder is fun to use... all the time! Use Sinnder at the lake, use Sinnder while eating cake. Use Sinnder when you’re out, use Sinnder when in doubt! But, if you don’t log in to your Sinnder account in 2 years, we may delete your account for inactivity.

Summary of Terms

You must read and agree to our Terms of Use (the “Agreement”) because it forms the binding contract between you and Sinnder. However, we’ve provided this short summary for your convenience (with capitalized terms defined in the Agreement).

Acceptance. By using the Service, you agree to this Agreement, our Privacy Policy and Safety Tips, and any terms that apply to in app purchase you make.

Eligibility. You must be at least 18 to use the Service and not prohibited by law from using the Service. You promise to follow the law and that you’re not a convicted felon or sex offender.

Your Account. If you use Google to access Sinnder you must authorize us to access certain information from Google to use Sinnder. You agree to keep your account secure and confidential.

Modifying the Services; Termination. We may modify the Services at any time or discontinue them altogether. You can terminate your account in Settings, and we reserve the right to terminate it for you if you violate this Agreement or if we deem your use of the Service to be inappropriate.

Safety. Sinnder is not responsible for the actions of its users or your interactions with them, and we don’t conduct background checks. Be careful and be sure to read and follow our Safety Tips on interacting with people on or off of Sinnder.

Rights. Sinnder grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant Sinnder the right to display your profile and Content for the limited purpose of Sinnder operating the Service and researching and developing new ones.

Rules. See the Agreement for a list of the rules you agree to abide by when you use Sinnder, such as not soliciting money from other users, harassing other users or using the Service for any illegal purposes.

In App Purchases. Sinnder may offer services for purchase through mobile platforms such as iTunes and Google Play. Those purchases are governed by the terms of the platforms. Most purchases are not refundable and certain services only grant you a specified license, as further described in the Agreement.

Copyright. If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our Copyright Agent following instructions in the Agreement.

Disclaimers. Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.

Limitation of Liability. To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees you pay us.

Arbitration. Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action. This does not apply to users residing in the EU, Norway or elsewhere where prohibited by law.

Governing Law; Venue. Texas law applies to this Agreement. Actions for disputes relating to this Agreement must be brought in Dallas, Texas, except for users residing in the EU or Norway, who may bring claims in their country of residence.

Indemnity. You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.