JSwipe is operated by Smooch Labs, Inc.
The ‘It Started with JSwipe’ service allows success story couples to request their chat history.
To provide the service, personal information is collected, processed, utilized, or disclosed.
By signing up for this service, you expressly consent to the collection, use and disclosure of your personal information including:
• Your email address;
• Your match’s email address;
• Your phone number;
• Your match’s phone number;
• Engagement Date (optional); and
• Wedding date (optional).
We will only use the personal information that you actively provide us for the following purposes:
• generating your chat history;
• contacting your match by email and phone to obtain their consent to the generation of the chat history;
• contacting you as part of the Service; and/or
• for obtaining your and your match’s consent for the use of your chat history and other information for promotional purposes.
Your chat history will be viewed by those JSwipe representatives involved in its generation.
By accepting these Terms & Conditions (“Terms & Conditions”) there is a valid and binding agreement between Smooch Labs, Inc (the “Company”, “we”, “us”, or “our”) and You (“you”, “your”, or “yourself”).
These Terms & Conditions governs our provision of your chat transcript (“the Service”).
You acknowledge and agree that the Company may make changes to, or stop providing, the Service, or restrict your use of the Service at any time without notifying you in advance.
You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Service.
You acknowledge and agree that the Company can disable or deny you access to the Service, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
The technology you use to access the Service may be required to meet minimum specifications provided by us.
You acknowledge and agree that we have no obligation make the Service available to you at all, or continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Service at any time.
Subject to the terms and conditions of this Agreement and for the sole purpose of using the Service, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to benefit from the Service.
engage in any activity that:
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• is defamatory, obscene, pornographic, vulgar or offensive;
• is violent or threatening or promotes violence or actions that are threatening to any other person;
• infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
• constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or
• is otherwise contrary to applicable local laws and regulations;
disseminate any personal information of any other user, including any contact details or similar, without that user’s consent;
institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service);
attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service);
use the Service to
• develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offense; or
• perform any unsolicited commercial communication not permitted by applicable law.
We conduct regular of the use of the Service from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publicly or privately by users which is not compliant with local laws or regulations, or which violates these Terms & Conditions.
We may contact any user to request that you remedy any non-compliance with local laws or regulations, or these Terms & Conditions.
The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 11 or any other terms of these Terms & Conditions.
We may exclude any user from, or terminate any user’s access to, the Service in our sole discretion for any reason, including, but not limited to, any non-compliance with local laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
• the Service;
• All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of the Service, (the “Material”),
are owned by or licensed to the Company. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
None of the Material may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company. You may, however, retrieve and display the content of the Service on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Service without the express prior written permission of the Company.
All rights (including goodwill and, where relevant, trademarks) in the name JSwipe is owned by or licensed to the Company or its related corporate entities. Other product and company names mentioned on the Service are the trademarks or registered trademarks of third parties.
Title, ownership rights and intellectual property rights in and to content accessed using the Service is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described above, this Agreement gives you no rights to such content.
The authors of the literary and artistic works in the pages in the Service have asserted their moral rights to be identified as the author of those works.
Any material you transmit, post or submit to the Company either through the Service or otherwise (“User Material”) shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any User Material (other than Ideas).
All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding the Service (“Ideas”) shall be deemed to be and shall remain the property the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. You must do all things reasonably requested by the Company to assure further the assignment of such rights. You understand and acknowledge that the Company has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Company is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Company assumes no obligation, express or implied by considering it. Without limitation, the Company will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
You understand and agree that your use of the Service is at your sole risk.
WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE GRANT 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. WE DO 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.
WE TAKE 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.
WE DISCLAIM AND TAKE NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, 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 WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $1000. THIS LIMITATION SHALL APPLY: (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 THE SERVICE AND THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Company, its affiliates, and its and its affiliates’ 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 User Material, or your breach of this Agreement.
The laws applicable to the interpretation of these Terms & Conditions shall be the laws of the United States and the laws of the State of California, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding principles of conflict of laws. Except as provided in Section 18 below, you irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California, for all disputes arising out of or related to your use of any of the Service (except for small claims actions on an individual (non-class) basis).
JURY TRIAL WAIVER. You and the Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Arbitral Disputes.
NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. You and the Company acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Arbitral Disputes. Further, unless you and the Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Arbitral Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Arbitral Dispute.
The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.