DRAFT FOR ATTORNEY REVIEW — DO NOT PUBLISH AS-IS
I am not a lawyer and this is not legal advice. This is a structured first draft built on the clause patterns dating apps commonly use, written so a qualified attorney can review and finalise it quickly and cheaply rather than starting from a blank page. Sections marked ⚠️ are the ones where a lawyer's input genuinely matters — enforceability varies by state and country, and getting them wrong is expensive.
Fill in every [BRACKETED] item before review.
Effective date: [DATE] Company: [LEGAL ENTITY NAME, e.g. Treat Technologies LLC], a [STATE] limited liability company Contact: [SUPPORT EMAIL]
These Terms of Service ("Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("Treat," "we," "us"). By creating an account, accessing, or using the Treat mobile application or website (the "Service"), you agree to these Terms and to our Privacy Policy, which is incorporated here by reference.
If you do not agree, do not use the Service.
You must be at least 18 years old to use Treat. By using the Service you represent and warrant that:
We reserve the right to terminate any account that violates this section immediately and without notice.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it current.
Identity verification. We may offer or require photo or video verification. Verification is intended to reduce impersonation and fraud. Verification is not a background check, a criminal-history screen, or a guarantee of any user's identity, character, intentions, or safety. See Section 8.
Treat allows users to indicate a preference about who covers the cost of a date ("I will treat," "Treat me," "50/50," or "Decide together").
This preference is a social signal only. It is not an offer, a contract, a promise of payment, or a commitment of any kind. Treat does not process, facilitate, guarantee, or take responsibility for any payment or exchange of value between users. Any arrangement between users is solely between them.
Prohibited use. The Service may not be used to solicit, offer, or arrange commercial sexual activity, escort services, sugaring arrangements, or any exchange of money or goods for companionship, intimacy, or sexual activity. Accounts doing so will be terminated and may be reported to authorities.
You agree that you will not:
We may investigate and take any action we deem appropriate, including removing content, suspending or terminating accounts, and reporting to law enforcement.
You retain ownership of the photos, text, and other content you submit ("User Content").
By submitting User Content, you grant Treat a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, modify (for formatting and display), and display that content solely for the purpose of operating, providing, and promoting the Service. This licence ends when you delete the content or your account, except where the content has been shared with others who have not deleted it, or where we must retain it to comply with law.
You represent that you own or have the necessary rights to all User Content you submit, and that it does not violate these Terms or any law.
Reporting infringement. If you believe content on Treat infringes your copyright, contact [DMCA AGENT EMAIL] with the information required under the Digital Millennium Copyright Act. ⚠️ Ask your attorney whether you should register a DMCA agent with the U.S. Copyright Office.
Treat may offer paid subscriptions ("Treat Premium") and one-time purchases (such as Boosts or Super Treats).
⚠️ Automatic-renewal disclosure requirements vary significantly by state (California, New York, and others have strict rules) and country. Have your attorney confirm this section and your in-app purchase screens comply with the jurisdictions you sell in — this is a common source of regulatory action and class-action claims.
You are solely responsible for your interactions with other users, online and in person.
Never send money to someone you have met on Treat. Romance fraud is common on all dating platforms. Treat will never ask you to send money to another user.
If you feel unsafe or encounter suspicious behaviour, use the in-app report and block tools, and contact local law enforcement in an emergency.
We may, at our sole discretion and without prior notice, remove content, limit account features, or suspend or terminate any account — including for violations of these Terms, suspected fraud, or conduct we reasonably believe risks harm to other users or to Treat.
You may delete your account at any time in the app settings. Certain information may be retained as described in the Privacy Policy and Section 12.
Termination does not entitle you to a refund of any unused subscription period except as required by law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YOU WILL FIND A MATCH, A DATE, OR A RELATIONSHIP.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREAT AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.
IN PARTICULAR, WE ARE NOT LIABLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE, INCLUDING ANY HARM ARISING FROM MEETINGS ARRANGED THROUGH THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
⚠️ This is the single most important section for your protection, and also the most likely to be challenged. Liability caps and waivers relating to personal injury are limited or unenforceable in some jurisdictions. Have counsel review this carefully — and consider general liability insurance regardless of what this section says. A clause is not a substitute for coverage.
You agree to indemnify, defend, and hold harmless Treat and its officers, members, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your interactions with other users; (d) your violation of these Terms; or (e) your violation of any law or the rights of a third party.
PLEASE READ — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except as set out below, you and Treat agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER, e.g. the American Arbitration Association] under its applicable rules, rather than in court.
Class action waiver. You and Treat agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief for intellectual property infringement.
Opt-out. You may opt out of this arbitration agreement by sending written notice to [OPT-OUT EMAIL/ADDRESS] within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
⚠️ Arbitration clauses and class-action waivers face varying enforceability, and mass-arbitration campaigns have become a real cost risk for consumer apps. Some jurisdictions (including the EU and UK) will not enforce these against consumers at all. Your attorney should tailor this to where you actually operate.
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles. Where arbitration does not apply, the exclusive venue for disputes is the state or federal courts located in [COUNTY, STATE], and you consent to that jurisdiction.
⚠️ Consumer protection laws in a user's home jurisdiction may override this. Relevant if you launch internationally.
We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email before they take effect. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service and delete your account.
Questions about these Terms: [SUPPORT EMAIL] [LEGAL ENTITY NAME], [MAILING ADDRESS]