2026 Terms of Service
2026 GRINDR TERMS AND CONDITIONS OF SERVICE
A Quick Overview:
Please read the full Terms below carefully and in full. They govern your use of Grindr. This overview summarizes a few selected provisions. It does not replace, supplement, or modify the full Terms below.
Adults only. To use the Grindr Services you must be at least 18, wherever you live and whatever local age of majority or consent applies, and you must be an adult under your local law to agree to these Terms. (Section 1)
Individual arbitration and class-action waiver. Unless you validly opt out or an exception applies, you and Grindr agree to resolve covered disputes through binding individual arbitration rather than in court (Section 17). Section 17 also includes waivers of jury trials and class, collective, and representative proceedings. You may opt out of arbitration within the applicable 31-day period by following the instructions in Sections 17.13 and 17.14. Read Section 17 and the Special Terms for International Users carefully and in full for the deadlines, exceptions, and provisions that continue to apply if you validly opt out of arbitration.
We do not verify people, and location carries risk. We do not run background checks and may not verify things users say about themselves. Others may be able to estimate your location from distance or map information. Use care, and use your privacy settings. (Sections 3 and 4)
Subscriptions renew automatically until you cancel through the store you bought from, at least 24 hours before renewal. Closing your account does not cancel a subscription. A trial may convert to a paid subscription unless you cancel; complimentary access and features earned by watching an ad end on their own. (Section 9)
AI features can be wrong. Recommendations, insights, and summaries (and other features that share information about users with one another) may be generated automatically, may be inaccurate, and may be shown to other users even if you do not use those features yourself. You license your content to us to run and improve the Services, including AI features; you can choose whether and how your data may be used for certain AI-related purposes in your privacy settings. (Section 7)
Notice to subscribers in California and the other states listed in Section 20, and to users covered by the Special Terms for International Users: You may be able to cancel and request a refund within a short period after subscribing. If you subscribed through Apple, refunds are handled by Apple; through Google Play or directly with Grindr, contact customer support.
Grindr Terms of Service
Effective Date: The earlier of October 27, 2026 or user acceptance.
Welcome to Grindr! These Terms of Service (the "Terms") are a legal agreement between you and Grindr LLC ("Grindr," "we," "us," or "our"). They govern your use of the Grindr mobile app (the "App"), our websites, and every other product, feature, or service we offer now or in the future (together, the "Services").
By creating an account or using the Services, you agree to these Terms, including our Community Guidelines and our Privacy Policy, both of which are part of these Terms. The Privacy Policy explains how we handle your personal data. If you do not agree, do not use the Services. Our goal is a safe, authentic, and law-abiding community, and these Terms are designed to support that goal.
We may update these Terms. Section 11 (Changes to the Services and to These Terms) explains how, and how we will tell you. We recommend saving a copy of these Terms. You can request a copy at any time by emailing help@grindr.com with the subject line "Terms of Service."
1. Who can use Grindr
1.1 Adults only. The Services are intended for adults. You must be at least 18 years old to use the Services, no matter where you live and regardless of any lower age of consent or age of majority that applies there. Anyone under 18 is considered a "minor" for purposes of these Terms. No minor may view, download, access, or use the Services, or attempt to do so, directly or indirectly.
1.2 What you confirm to us. By accepting these Terms, creating an account, and completing any age assurance step we ask you to complete, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, and that: (a) you are legally able to enter into and perform all the obligations in these Terms under the laws that apply to you; (b) the date of birth and any related information you provide is accurate; (c) you are not located in a country that is subject to a United States government embargo or that the United States government has designated as a "terrorist supporting" country; and (d) you are not on any United States government list of prohibited or restricted parties.
1.3 Age assurance. We use measures intended to confirm that users are adults. Some are required by law, others we use voluntarily. These measures may differ by location and may change over time. They may include collecting your date of birth, asking you to complete an age assurance process, and using automated and manual moderation to detect and prevent possible underage use. Our Help Center describes current measures. No age assurance measure is perfect, and we may not independently verify the accuracy of information users provide. If you believe a user is a minor or that content depicts a minor, please report it immediately through the Services or by emailing help@grindr.com.
2. Your account
2.1 Accurate information. To use most of the Services you need an account. You must give us accurate information and keep it up to date, including the information used for age assurance under Section 1.
2.2 Your account is yours alone. Your account is for your own personal, non-commercial use. You may not use anyone else's account or let anyone else use yours. You may not buy, sell, rent, lease, share, or otherwise transfer your account, username, or login credentials without our written permission.
2.3 Keeping your account secure. You are responsible for keeping your login credentials confidential, including any password or one-time code and access to the email address or phone number you use to log in. Tell us right away at help@grindr.com if you believe someone has used your account without permission, a security incident has occurred, or a transaction on your account is unauthorized or incorrect.
2.4 Disputing a charge. You must tell us about an unauthorized or incorrect charge within 30 days after the charge. If you do not, you waive all claims against us relating to that transaction to the fullest extent the law allows. If you purchased through an app store, you may also need to raise the dispute with that app store (see Section 9).
2.5 We may not retain a record of your account. The Services are not a data storage or backup service. We have no obligation to keep a record of your account, your chats, or any other information you store through the Services. You are responsible for separately saving anything you want to keep, such as contact information for people you meet. Some content, including chats, can be viewed only using the Services while you are signed in to your account.
2.6 Closing your account. You may close your account at any time by following the instructions in the Services. When you close your account, these Terms end between you and us, except for the sections listed in Section 21 (General Terms). Closing your account or deleting the App does not cancel a paid subscription or trial; you must cancel separately as described in Section 9 (Paid Features), and you should do so before you close your account, because a closed account cannot use a subscription that is still being billed. A subscription period you have already paid for continues until it ends.
3. Safety and your interactions with others
3.1 You decide how to interact. We do not control what users say or do. You alone are responsible for how you use the Services and for your interactions and communications with other users, whether on or off the Services. To the fullest extent the law allows, the Grindr Parties are not liable for the conduct of other users or third parties, and you agree not to seek to hold them liable for it. We may, but have no obligation to, monitor interactions or disagreements between users. "Grindr Parties" means Grindr, its affiliates, and their respective officers, directors, employees, and agents, and Grindr's suppliers and licensors. "Affiliate" means a company that controls, is controlled by, or is under common control with Grindr LLC.
3.2 We do not verify users. We make no representations or warranties about the conduct, identity, intentions, legitimacy, or truthfulness of any user. Information users share about themselves, including in profile fields, badges, tags, and the filters that rely on them, is self-reported and may be inaccurate or out of date. Other than the age assurance measures described in Section 1, we generally do not verify what users say about themselves, including their identity, health, physical condition, or anything else.
3.3 Background checks. We do not currently conduct criminal or other background checks or screenings of users. Where the law permits, we reserve the right to conduct criminal background checks or other screenings, such as sex offender registry searches, at any time, and to use available public records for any purpose.
3.4 Content you may encounter. Grindr is a sex-positive platform. You may encounter Content (defined in Section 7) that could be considered objectionable in some contexts. Users are responsible for what they share and we make no representations or warranties about Content.
3.5 Where you use the Services. Some places criminalize or restrict the personal interactions the Services facilitate. You must make your own decisions about using the Services where you are and assess the possible consequences. Our Help Center offers safety guidance, including for people in places where LGBTQ+ people are criminalized or face other risks. We make no representation that the Services are appropriate for use, or lawful, in every location. We are not responsible for the consequences of your use of the Services.
3.6 Safety resources and reporting. Information about our approach to safety is in our Help Center. You can report users or Content through the Services or by emailing help@grindr.com. We may remove accounts or Content and ban users we suspect violate the law, these Terms, or our Community Guidelines, as described in Section 12 (Suspension and Termination by Grindr).
4. Location, visibility, and privacy features
4.1 How location works. The Services may use your device's location to show you nearby users and to show you to them. Depending on the features you use and your settings, other users may see your approximate distance from them, your position on a map, or other location-based information. Where we show a position on a map, it is generally offset from your actual location and is approximate. We may change how location information is collected, calculated, or displayed, and location features may differ by location.
4.2 Location information carries risk. AS EXPLAINED IN OUR PRIVACY POLICY, DISTANCE AND LOCATION INFORMATION CAN BE MISUSED. A sophisticated user, a person using the Services in an unauthorized way, or a user who changes their own location while you stay in one place may be able to estimate your exact location or identify you. Offsetting, blurring, and our other protections may reduce this risk. They do not eliminate it.
4.3 Your control. You can control whether your distance is shown, whether you appear on maps and in other location-based features, and other aspects of your visibility through your device settings and your privacy settings in the Services. These controls are available to every user at no charge. Some settings follow choices you have already made; for example, a new location-based feature may use your existing distance-sharing choice until you change it. You can turn off location services for the App in your device settings at any time, although many features will not work without them.
4.4 Additional privacy features. We may also offer features that go further, such as hiding your online status, controlling who can see particular content, or restricting the saving or capturing of content. Most are included with the Services; a few are offered as, or for the duration of, a Paid Feature or an Earned Feature (see Section 9). Like the controls in Section 4.3, they may differ by location and may change over time.
4.5 Limits of privacy controls and features. Privacy controls and features can reduce but cannot fully eliminate the ways other users learn about your presence, location, or activity. Other users may still infer information about you from what you share or your other activity on the Services, or by misusing the Services.
4.6 Do not misuse location information. You may not attempt to determine or track another user’s location or identity other than through the features we provide for that purpose, and you may not use information another user shares with you for any purpose other than the one for which they shared it. This prohibition includes not recording a user’s location and not using third-party tools, multiple accounts, location spoofing, or repeated distance readings to locate or track a user. See Section 6 for additional detail.
5. Privacy
Our Privacy Policy is part of these Terms. It explains what personal data we collect, how we use and share it, how long we keep it, how we transfer it internationally, and the choices and rights you have. By using the Services, you are confirming that you have read the Privacy Policy and agree that we may collect, use, and share your personal data as the Privacy Policy describes. Where the law requires your separate consent for a particular use of your data, or requires us to rely on another legal basis, we do so as the Privacy Policy explains.
We control and offer the Services from the United States. You acknowledge, and where the law allows you consent to, the transfer of your data to and its processing in the United States and in other countries whose laws may not provide the same protections as the laws of your country of residence. The Privacy Policy explains how we protect data when we transfer it.
6. Community Guidelines and prohibited conduct
6.1 Community Guidelines. Our Community Guidelines, as updated from time to time, are part of these Terms. They apply to your Content and activity on the Services and to your interactions with other users off the Services. Please read them before you use the Services.
6.2 What you may not do. You may use the Services only for lawful purposes and as these Terms and the Community Guidelines permit. You may not:
(a) use the Services if you are a minor, impersonate a minor, communicate with anyone you know or believe is a minor, or fail to report a profile or Content that you believe involves or depicts a minor (please report it through the Services or by emailing help@grindr.com);
(b) violate the Community Guidelines or any other policy that applies to the Services;
(c) use the Services, or any information obtained from them, to stalk, harass, abuse, defame, threaten, extort, defraud, impersonate, or otherwise mistreat anyone;
(d) violate another person's privacy or other rights or collect, attempt to collect, store, or disclose another user's location or personal information without permission (see Section 4);
(e) post or send Content that the Community Guidelines prohibit, including non-consensual intimate imagery; violent material; material that is libelous, harassing, intentionally misleading, or false; material that is discriminatory (for example on the basis of race, color, ethnicity, national origin, disability, sexual orientation, gender expression, gender identity, or physical appearance);
(f) use the Services for any commercial purpose, including to advertise, solicit, or send unsolicited commercial messages, promotional material, spam, or similar communications, without our prior written permission;
(g) use the Services; any System-Generated Content; any other user's Content; or any data, output, or information obtained or derived from the Services – whether directly or indirectly in anonymized, de-identified, or aggregate form – to create; develop; customize; train; test; or improve any AI Technology (defined in Section 7);
(h) use the Services to commit, facilitate, or encourage any illegal act, or in violation of any law, including laws governing controlled substances, intellectual property, data protection and privacy, and import or export controls;
(i) post images, video, or audio of a minor, or of any adult without that person's express permission, whether the depiction is real or synthetic, AI-generated, or otherwise artificial;
(j) impersonate any person or entity, falsely claim an affiliation, access another user's account, or misrepresent the source, identity, or content of information transmitted through the Services;
(k) interfere with or damage the Services or any user's use of them, including by uploading malicious code; or bypass, disable, or circumvent any security feature, access control, or limit on the use of the Services or its features, including by creating or using multiple accounts;
(l) sell, transfer for value, publicly post, or distribute in bulk any promotional, referral, or access code we issue, or redeem a code you are not eligible to redeem;
(m) post, send, or store material that infringes any patent, trademark, trade secret, copyright, or other right of any person; or
(n) help or encourage anyone else to do any of these things.
6.3 Enforcement. We may investigate suspected violations, remove or restrict Content, limit features, and suspend or terminate accounts or users, as described in Section 12 (Suspension and Termination by Grindr).
7. Content
7.1 What "Content" means. "Content" means User Content and System-Generated Content.
"User Content" is anything you or any other user submits through the Services, such as profile text, photos, video, audio, and messages, including direct messages between users. "Your Content" is the User Content that you submit.
"System-Generated Content" is content and features created or presented by our technology, such as recommendations, suggestions, insights, summaries, prompts, and generated text, images, audio, or video. System-Generated Content may be produced using AI Technology.
"AI Technology" means any machine learning or other artificial intelligence algorithm, model, model weights, parameters, software, tool, system, or technology, including systems that use deep learning, neural networks, statistical learning, or reinforcement learning.
7.2 You are responsible for Your Content. You alone are responsible for Your Content, for the consequences of sharing it, and for your interactions with other users. You represent and warrant that (a) you own Your Content or have all rights, licenses, consents, and permissions needed to submit it and to let us use it as these Terms describe; and (b) you have the consent, release, or permission of every identifiable person in Your Content to use that person's name, likeness, image, or voice as the Services and these Terms contemplate.
7.3 Your license to us. You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable (through multiple tiers) license to host, store, reproduce, distribute, publicly display and perform, adapt, create derivative works from, incorporate into other works, and otherwise use Your Content: (a) to include it in and operate the Services; and (b) to develop, maintain, and improve the Services in accordance with our Privacy Policy, including – to the extent permitted by your privacy settings and the Privacy Policy – to create, develop, train, test, deploy, operate, and improve AI Technology and other Grindr Services. Subject to applicable law, your privacy settings, and the Privacy Policy, this license is perpetual and irrevocable. Where the law allows, you waive any moral rights or rights of attribution in Your Content. If Grindr or its assets are sold or transferred, this license and Your Content may be transferred with them. The Privacy Policy explains how we use, share, and delete personal data contained in Your Content.
7.4 Other users' content. User Content submitted by other users belongs to them. You may not copy, share, display, or otherwise use another user's User Content except as the Services and these Terms permit.
7.5 System-Generated Content and AI.
(a) How the Services use AI. The Services use technology, including AI Technology, in many ways, for example to moderate our platform, present or recommend profiles, to suggest prompts and conversation starters, to summarize past interactions, to identify compatibility, and to surface behavioral or engagement insights. Which of these features you can use depends on your subscription, your settings, and where you are; many are available only as Paid Features (see Section 9). You can read more about how we use AI in our Recommender System Transparency Notice.
(b) Content about you. Whether or not you use AI Technology features yourself, our systems may generate inferences, summaries, and other System-Generated Content about you (where permitted) from (i) your profile; (ii) your activity on the Services; and, (iii) , your interactions with other users including chats. We may share such content with users who use those features. See paragraph (d) below.
(c) Accuracy. Some Content is System-Generated and may be inaccurate, incomplete, or inappropriate. Do not rely on it as fact. The Privacy Policy explains how to ask us to delete information about you.
(d) Your settings. You can manage how your data is used for AI Technology in your privacy settings in the Services, or via a request to our Customer Service team. Some features depend on those settings. If you turn a setting off, the features that depend on it may stop working for you until you turn it back on, and going forward we will stop using your data for the purposes that setting covers, as described in the Privacy Policy. Section 9 explains what this means for Paid Features.
(e) Recommendation systems. Where we use AI Technology to present or recommend profiles, our Help Center describes the main parameters those systems use and your options to influence them.
7.6 Content that expires, is unsent, or is shared with a limited audience. Some features let you send content that expires, unsend content you have shared, or choose who can see content you post. These features remove content from view in the Services as described in the feature. They cannot retract content that another user has already seen, saved, captured (including by screen shot or screen recording), forwarded, or received in a notification. Choosing an audience for your Content controls which users may be able to see your Content; it does not guarantee that Content will stay within that audience. We may keep copies of expired or unsent content for safety, security, legal, and operational purposes as described in the Privacy Policy.
7.7 Moderation. We do not endorse Content and make no warranty about its accuracy or reliability. You may encounter Content that is inaccurate, offensive, indecent, or objectionable. We are not obligated to monitor all Content, but we use a combination of user reporting tools, automated scanning, AI-based detection, and human review to try to identify and address Content that may violate the law, these Terms, or the Community Guidelines. Our Help Center explains how to report Content and how we handle reports. These methods are imperfect. They do not make us responsible for any Content or for the conduct of the users who submit it, and they do not oblige us to modify or remove any particular Content. We may restrict, edit, or remove Content, and suspend or terminate accounts, at any time as described in Section 12.
7.8 Our content. The Services and everything in them other than User Content, including software, designs, interfaces, text, graphics, trademarks, service marks, and logos, belong to the Grindr Parties (or any of them) and are protected by intellectual property laws. Except as these Terms expressly allow, you may not copy, modify, distribute, sell, license, publicly display or perform, or create derivative works from any of it, and you may not use our names or logos without our prior written permission. The Services are protected by patents, including those listed at U.S. Patent Nos. 8,606,297; 9,749,429; 10,257,292; 10,447,791; 10,708,367; 11,102,310; 11,973,840; 12,537,882.
7.9 Feedback. If you send us ideas, suggestions, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, sublicensable license to use that content in any way, without compensation. Feedback is not confidential. Do not send us anything you consider confidential or proprietary or for which you expect to be paid.
8. Third-party services, partners, and advertising
8.1 Third-Party Services. The Services may link to or work with websites, apps, products, promotions, and services that we do not own or control ("Third-Party Services"), including through advertising. We provide these links and integrations as a convenience. We do not endorse Third-Party Services, do not screen or audit them, and make no warranties about them. Their own terms and privacy policies govern your use of them, and you use them at your own risk and on an "as is" basis. Your dealings with any advertiser, seller, or other third party you find through the Services, including any purchase, are between you and that party, and we are not responsible for any loss or damage that results.
8.2 Sharing information with Third-Party Services. If you choose to use a Third-Party Service through the Services, you direct us to send it the Content and information needed to provide what you chose. That Third-Party Service's own policies, not ours, govern what it does with information once it receives it, except where the law says otherwise. Any personal data we transfer is handled as described in our Privacy Policy.
8.3 Services we or our affiliates offer under separate terms. We and our affiliates may offer products and services that have their own terms, such as health and wellness services, membership programs, events, or merchandise. Those additional terms apply to those products and services and, if they conflict with these Terms, control for that product or service only; they do not change Sections 14 through 17 or the Special Terms for International Users unless they expressly say so. Clinical and other professional services offered through or alongside the Services, whether by an affiliate or by an independent provider such as a clinician, pharmacy, laboratory, or telehealth platform, are provided by licensed professionals who are responsible for them. Grindr LLC does not itself provide medical, legal, financial, or other professional services or advice. Health-related information available through the Services is general information and is not a substitute for advice from a qualified professional.
8.4 Third-party AI features. Some features may be powered or provided by third parties using AI Technology, including features that let you interact with AI-generated characters or generate content. We identify these features as AI-powered. AI characters are not people, and content they produce may be inaccurate, fictional, or inappropriate and is not advice of any kind. When you use a feature provided by a third party, your messages and requests may be shared with that provider as described in the feature and in our Privacy Policy, and that provider's terms may also apply. The Community Guidelines apply to what you submit.
8.5 Advertising. The Services are supported in part by advertising. We and our licensees may display advertisements and other promotional content in the Services, including next to Your Content, and you are not entitled to any compensation for that. We may change the format, placement, and amount of advertising at any time without notice or liability to you. Some features let you choose to watch an advertisement in exchange for temporary access to a feature; Section 9 explains how those Earned Features work. Where the law requires it, we identify sponsored content as such.
9. Paid Features
Where you live may give you additional cancellation, refund, or renewal rights that override parts of this Section. See Section 20 (Cancellation Rights in Certain U.S. States) and the Special Terms for International Users before you buy.
9.1 What we sell. Some features are available only for a fee ("Paid Features"). Paid Features include recurring subscriptions ("Subscriptions"), one-time or consumable add-on features ("Add-Ons"), and plans that combine several products or features ("Bundles"). Before you buy, we show you the price, the billing period, and, for Subscriptions, the renewal period. Prices vary by region, plan, duration, and other factors, and we regularly test features, prices, offers, and payment options, so the Paid Features and prices you see may differ from those shown to other users.
9.2 Subscriptions renew automatically. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE, PLUS APPLICABLE TAXES, WITHOUT ANY FURTHER ACTION BY YOU, UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE RENEWAL DATE. RENEWAL PERIODS VARY BY PLAN (FOR EXAMPLE, ONE WEEK OR ONE MONTH). A Subscription continues to renew until you cancel it or we suspend or end it under these Terms.
9.3 Price changes. We may change the price of a Paid Feature. A price change to a Subscription applies from the start of the next subscription period after the change and after any notice the law requires. A price change does not affect a period you have already paid for.
9.4 Cancelling a Subscription. You may cancel a Subscription at any time through the place you bought it: your Apple account, your Google Play account, or your Grindr account. Cancellation takes effect at the end of the current subscription period, and you keep access until then. Except as Section 9.12 provides, we do not refund or credit partial periods. For example, if you cancel a monthly Subscription after two weeks, you keep access for the remainder of the month and receive no refund. Closing your account or deleting the App does not cancel a Subscription (Section 2.6). Our Help Center has cancellation instructions.
9.5 Trials and introductory offers. We may offer you the choice to use a Paid Feature free or at a reduced price for a limited time (a "Trial"). A Trial is an offer you choose to accept, and it may require a payment method; access we switch on for you without an opt-in is Complimentary Access under Section 9.6, not a Trial. These Terms apply to Trials. If the offer requires a payment method and states that the Trial converts to a paid Subscription, your payment method will be charged the price stated in the offer when the Trial ends unless you cancel before it ends, and the Subscription will then renew under Section 9.2. Deleting your account or the App does not cancel a Trial. We decide who is eligible for a Trial and may limit Trials to users who have not previously held the Paid Feature or a Trial of it.
9.6 Complimentary access. We may give you access to a Paid Feature for free for a limited period without asking you to opt in or provide a payment method ("Complimentary Access"). We may do this for any reason, such as to let you try a feature, as part of a promotion or referral program, or as a courtesy. Complimentary Access ends automatically when the period ends, and you return to the features you had before, with no charge. It does not pause, extend, or replace any Subscription you already pay for. We decide who receives Complimentary Access, for how long, and how often, and we may end it early if you violate these Terms.
9.7 Promotional and referral codes. We may issue codes that provide a discount, a Trial, or Complimentary Access. Unless the offer says otherwise: A code may be redeemed only once; codes cannot be combined with other offers; codes have no cash value, are not redeemable for cash or credit, and cannot be applied to past purchases; codes expire on the date we set, whether or not used; lost codes are not replaced; and codes are void where prohibited. Some codes are given to you to share with other people ("referral codes"). You may share a referral code with a friend, but you may not sell it, post it publicly, or distribute it in bulk (Section 6.2(l)). We set who is eligible to redeem a referral code, and we may void codes or revoke access obtained through them at any time. We may change or end any promotion or referral program at any time.
9.8 Add-Ons. An Add-On gives you a limited, personal, non-transferable, revocable license to use a feature within the Services. Any balance or count of Add-Ons shown in your account refers to your license; it is not money, stored value, or property. We may change, limit, or discontinue Add-Ons at any time, and we may offer the same or similar features for free in some places or to some users. If we discontinue an Add-On you have paid for and not used, we will provide the replacement, credit, or refund that applicable law requires. Your license to an Add-On ends when your account closes or we stop providing you the Services, and you will not receive compensation for unused Add-Ons except where the law requires it.
9.9 Earned features. We may let you earn temporary access to a feature by taking an action, such as watching an advertisement ("Earned Features"). We grant an Earned Feature only when our systems confirm that you completed the action. Earned Features are temporary and personal, have no cash value, and end when their period expires; they may also end early if the content or feature they unlock is removed or becomes unavailable. We set the duration, eligibility, and limits for Earned Features; we may change or end them at any time; and we do not guarantee that an advertisement or other opportunity to earn a feature will be available to you. Earned Features are not Paid Features, and, to the extent the law allows, no refund or compensation is due if one is unavailable, ends, or does not work as expected.
9.10 Bundles. A Bundle may include features and services from us, our affiliates, or third parties; may be available only in some places or to some users; and may be priced differently from the individual components. Bundles that renew do so as described in Section 9.2, and you can cancel them through the provider you bought them from; individual components cannot be cancelled separately unless the offer says so. Third-party or affiliate services in a Bundle are subject to their own terms and privacy policies, and we are not responsible for third-party services except where the law requires. If you receive a coupon for a Paid Feature through a purchase from us, an affiliate, or a partner, the coupon provides only the Paid Feature stated in the offer, for the period stated, applied to the account signed in when you redeem it; it can be redeemed once, does not renew unless the offer says so, and may be cancelled if the underlying purchase is refunded or reversed.
9.11 Payment. You may pay through an app store or, where available, directly to us. When you buy through an app store, the app store is generally the merchant of record and handles billing, cancellation, and refunds under its terms. When you buy directly from us, we are the merchant of record and may use a third-party payment processor. Your payment information may be collected and processed directly by the processor, and you may be required to agree to the processor’s terms and privacy policy to complete your purchase. We are not responsible for a processor’s acts or omissions. By submitting payment information you authorize us and the processor to charge your payment method. If you buy a Subscription, a Trial that converts to a Subscription, or choose to save a payment method, you authorize us and our processor to store your payment method and to charge it, without further action by you, for renewals under Section 9.2, Trial conversions under Section 9.5, and any other purchase you make with it. We may receive updated payment method details (such as a new card number or expiration date) from your card issuer or network and use them for these charges. If a charge is declined or fails, we may retry it, and we may suspend or end your Paid Features until payment is made. If your bank requires you to authenticate a charge and you do not, the charge may fail. Digital wallets and other payment methods you use, such as Apple Pay or Google Pay, are subject to their providers’ terms. We may correct pricing or other errors at any time, including by cancelling an order, refunding any amount charged for it, and offering you the chance to re-order. Unless stated otherwise at purchase, prices exclude taxes, and you are responsible for any taxes, levies, or duties on your purchase. When you request a refund or dispute a charge (see Section 2.4) through a payment processor or app store, we may share transaction, entitlement, and limited usage information with them to process or evaluate the request, prevent fraud or abuse, meet platform requirements, and maintain the integrity of our services. If a charge is reversed or charged back, we may revoke the Paid Feature it paid for. Your card issuer may charge you fees, such as overdraft, declined-transaction, or foreign-transaction fees, and you are responsible for them.
9.12 Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY LAW, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE, AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR UNUSED ADD-ONS. Refunds are available where these Terms provide for them (Section 11.2, Section 12.4, and Section 20), where the Special Terms for International Users provide for them, and where applicable law requires them. If an app store is the merchant of record, you must request any refund from that app store. If we are the merchant of record, request a refund through the Services or at help@grindr.com.
9.13 Paid Features that depend on your AI settings. Some Paid Features depend on AI Technology and on the settings described in Section 7.5(d). If you turn off a setting that a Paid Feature depends on, that feature will stop working for you until you turn the setting back on. Your Subscription and its billing are not affected by your settings choices. Turning off a setting is your choice and is not a change we make to the Services under Section 11; no refund is due except where the law requires it.
10. Communications from Grindr
10.1 Service communications. When you give us an email address or phone number, we and our service providers may use it to send you non-marketing communications about your account and the Services, such as sign-in codes, security and fraud alerts, safety notices, purchase and subscription information, responses to your requests, and legal notices. We may send these by email, text message, push notification, or in the App, and they may be generated automatically. You may be able to turn some notifications off in your settings, but doing so may limit features that depend on them, and we may still send communications that the law requires or that are needed to support your account.
10.2 Notifications about activity. Some notifications tell you about activity involving other users, and some tell other users about your activity. You can control both in your notification settings.
10.3 Marketing communications. Where the law permits, we may send you marketing communications by email; push notification; in-app message; or, only if you separately opt in, by text message. Where the law requires your consent to marketing, we ask for it separately from your acceptance of these Terms, and agreeing to receive marketing texts is not a requirement in order to use the Services or purchase a Paid Feature. You can opt out at any time: Use the unsubscribe link in any marketing email; change your notification settings; or, for text messages, reply STOP to any message or contact us. Opting out of marketing does not stop service communications described in Section 10.1.
10.4 Text messages. If you enroll in a text-message program, the disclosures shown when you enroll also apply, including message frequency and how to get help or stop. Message and data rates may apply. Delivery depends on your wireless carrier and is not guaranteed, and neither we nor any carriers are responsible for delayed or undelivered messages. You confirm that you are authorized to use the phone number you give us and agree to tell us if it changes.
10.5 Communications can reveal that you use Grindr. Emails, text messages, and notifications may be visible to anyone with access to your device, phone account, or email account. Consider this when choosing your notification and communication settings.
11. Changes to the Services and to these Terms
11.1 Changes to the Services. We are always working to enhance the Services. We may add, change, limit, suspend, or discontinue any feature or any part of the Services at any time and for any reason, and, except as Section 11.2 and applicable law provide, without notice or liability to you. We may make features available in some places or to some users and not others, may start charging for features that were free, and may make free certain features that were paid (see Section 9.8).
11.2 Material reductions to a Subscription. If we change a Subscription in a way that materially reduces the functionality you paid for, and the change takes effect without you needing to update the App, you may close your account within 10 days after the change and, on request, receive a pro-rata refund of the prepaid, unused portion of that Subscription. This right does not apply to changes you can avoid by not updating the App; to the effect of your own settings choices (Section 9.13); to Add-Ons, Earned Features, or Complimentary Access; or to changes required by law.
11.3 Changes to these Terms. We may update these Terms. The current version, with its effective date, is always at trust.grindr.com/en-US/legal. If we make a change that we determine is material, we will notify you in advance through the Services or by email. We update the Privacy Policy and the Community Guidelines as those documents describe, and a change to either is not a change to the rest of these Terms. Using the Services after an updated version takes effect means you accept it. If you do not agree, stop using the Services and close your account before the effective date. Changes to the arbitration agreement are governed by Section 17.10 (Future Amendments to the Arbitration Agreement).
12. Suspension and termination by Grindr
12.1 We may monitor. We have the right, but not the obligation, to monitor use of the Services, including account creation, messaging, and access to other users' profiles and location information, as described in the Privacy Policy, in order to enforce these Terms and the Community Guidelines and to support the safety and security of the Services.
12.2 Our enforcement rights. We may remove or restrict Content, limit or disable features, and suspend or terminate your account or you or your device’s access to all or part of the Services at any time, with or without notice, if we believe your Content or conduct violates these Terms, the Community Guidelines, or the law, or for any other reason in our sole discretion. For example, we may close accounts that have been inactive for a prolonged period. We may refer suspected fraud, abuse, illegal activity, or threats to anyone's safety to law enforcement. These rights are in addition to any other remedies available to us.
12.3 Notice to paying users. If you have paid for a Subscription and we terminate your account or access for a reason other than a violation of these Terms, we will give you at least 30 days' notice. If the termination is for a violation, we may act immediately.
12.4 Refunds when we terminate. If we terminate your account or access and you have paid for a Subscription, we will refund the pro-rata unused portion of what you prepaid, unless we terminated you for a violation of these Terms. In that case we may keep what you paid, except that where the law allows us to keep only the costs and losses the violation caused us (for example, in the United Kingdom), we will keep no more than that, which may still mean no refund is payable. If an app store is the merchant of record, you must request any refund from it (Section 9.12).
12.5 Effect of suspension or termination. While your account is suspended, or once it is terminated, you may not use the Services, and we may delete Your Content. The sections listed in Section 21.5 continue to apply. Except as these Terms expressly provide, we are not liable to you or to anyone else for suspending or terminating your account or access, or for removing or deleting Content.
12.6 If you think we made a mistake. If you believe we suspended or terminated your account in error, please contact us at help@grindr.com. If we remove or restrict your Content or your account, you can ask us to review the decision through the Services or at help@grindr.com; our Help Center explains how. If you live in the European Economic Area, you may also use the out-of-court dispute settlement procedure described in the Special Terms for International Users.
13. Your license to use the App
13.1 License. As long as you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on a device you own or control, and to use the Services, in each case solely for your personal, non-commercial use and as the Services are intended to be used. This is a license, not a sale. We and our licensors keep all rights not expressly granted to you, and any attempt to transfer your rights under these Terms is void.
13.2 Restrictions. Except where the law gives you a right that we cannot exclude by contract, you may not: (a) copy the App or any other element of the Services; or modify, translate, reverse engineer, decompile, disassemble, or otherwise try to derive the source code of the Services or any technology used to provide them; (b) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or the Services, or use them to provide time-sharing or similar services to others; (c) create products, extensions, or tools that interoperate with or are derived from the Services; (d) access the Services by automated means, such as bots, scrapers, or scripts, or collect data from the Services by those means; (e) remove, disable, damage, or circumvent security features; features that prevent or restrict copying; or features that enforce limits on use; or (f) remove or alter any copyright, trademark, or other proprietary notice.
13.3 Updates. We may release updates to the App and may install them automatically. These Terms apply to every update. You may need to install updates to keep using the Services, and we are not responsible if an update is not compatible with your device.
13.4 Your device and charges. You need a compatible device to use the App. We do not promise that the Services will work with your device. You are responsible for any charges from your mobile, internet, or other service provider, including data, roaming, and text-messaging charges.
13.5 App stores. If you download the App from an app store such as the Apple App Store or Google Play, the App's availability depends on that store, and the store's terms also apply to you. These Terms are between you and Grindr, not any app store, and your license depends on your compliance with the store's terms. Section 19 has additional terms that apply if you use the App from the Apple App Store.
13.6 Open-source software. The Services include open-source and other third-party software. To the extent those components are governed by their own licenses, those licenses apply to them.
13.7 Export controls and government users. The Services originate in the United States and are subject to United States export laws, and may be subject to the export and import laws of other countries. You may not export or re-export the Services to prohibited countries or persons, and you agree to comply with all applicable export laws. The Services are intended for individuals, not government entities. Any use by or for the United States Government is subject to the restricted-rights provisions for commercial computer software in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013(c)(1)(ii), FAR 12.212(a), FAR 52.227-19, and FAR 52.227-14 (Alt. III), as applicable, and gives the Government no rights beyond those in these Terms.
14. Disclaimers of warranties
These disclaimers apply to the fullest extent the law allows and are subject to the exceptions in Section 16.3. Where you live, the law may give you rights that cannot be excluded, and the Special Terms for International Users modify this Section for some countries. Nothing in this Section overrides Grindr’s express obligations under these Terms or the Privacy Policy.
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. THE GRINDR PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE GRINDR PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS, INCLUDING AS TO QUALITY, EFFECTIVENESS, OR REPUTATION; OR (C) THE SERVICES, OR ANY CONTENT OR OTHER INFORMATION YOU OBTAIN THROUGH THEM, INCLUDING LOCATION INFORMATION, SYSTEM-GENERATED CONTENT, AND PRIVACY OR VISIBILITY FEATURES, WILL BE CORRECT, ACCURATE, OR RELIABLE, OR WILL GUARANTEE YOUR SAFETY.
YOU ACCESS, INCLUDING BY DOWNLOADING IT WHERE AVAILABLE, CONTENT AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR DEVICE OR OTHER PROPERTY AND FOR ANY LOSS OF DATA OR OTHER LOSS RESULTING FROM ACCESSING OR DOWNLOADING THAT CONTENT.
15. Indemnification
To the fullest extent the law allows, you will indemnify and hold harmless the Grindr Parties from all losses, liabilities, costs, damages, and expenses, including attorneys' fees, that arise out of or relate to: (a) your access to, use of, inability to use, or misuse of the Services, including any negligent act or omission or willful misconduct by you and any use or misuse of location information; (b) Your Content; (c) your interactions with other users, on or off the Services; (d) your violation of the rights of any person or entity, including another user; (e) your breach of these Terms, the Community Guidelines, or any other policy that applies to the Services; or (f) your violation of any law, rule, or regulation. We may, at your expense, take over the exclusive defense and control of any matter you must indemnify us for, and you will cooperate with us in asserting any available defense. This Section does not require you to indemnify a Grindr Party for losses to the extent a court or arbitrator makes a final determination that the losses at issue were caused by that Grindr Party's own gross negligence, willful misconduct, or fraud. This Section does not apply where the law prohibits it, including as stated in the Special Terms for International Users.
16. Limitation of liability
These limits apply to the fullest extent the law allows and are subject to Section 16.3. The Special Terms for International Users modify this Section for some countries.
16.1 Excluded damages. THE GRINDR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF DATA OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED THAT THEY ARE POSSIBLE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING WARRANTY, CONTRACT, COPYRIGHT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND INCLUDING DAMAGES RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; OR (C) ANY OTHER MATTER RELATING TO THE SERVICES.
16.2 Cap on liability. THE TOTAL LIABILITY OF THE GRINDR PARTIES TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATEST OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE DATE OF YOUR CLAIM; (B) FIFTY UNITED STATES DOLLARS (US$50); OR (C) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH YOUR CLAIM ARISES.
16.3 Exceptions. THE LIMITS IN SECTIONS 16.1 AND 16.2 DO NOT APPLY TO LIABILITY OF A GRINDR PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GRINDR PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A GRINDR PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
16.4 Content and settings. The Grindr Parties are not responsible for the timeliness, deletion, mis-delivery, or failure to store any Content, user communications, or personalization settings.
16.5 Your local law. Some state, provincial, and national laws do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the exclusions and limits above may not apply, and you may have additional rights.
16.6 Basis of the bargain. THE LIMITATIONS OF DAMAGES IN THESE TERMS ARE AN ESSENTIAL AND FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR.
17. Dispute resolution and arbitration
Please read the following arbitration provision carefully. Unless you opt out in the manner described in Sections 17.13 and 17.14 below, this arbitration provision requires you and Grindr to arbitrate disputes and limits the manner in which relief may be sought (the "Arbitration Agreement").
17.1 Disputes covered. You and Grindr agree that any dispute arising out of or relating to your use of or access to the Services, including the validity, scope, interpretation, breach, enforcement, or termination of these Terms, or to the use, payment for, or provision of the Services (collectively, "Covered Dispute Matters" or "Disputes"), will be resolved by arbitration in accordance with the provisions set forth in this Section 17. For avoidance of doubt, this Arbitration Agreement shall not apply to claims where such application is prohibited by applicable law. Subject to Section 17.10, for purposes of this Arbitration Agreement, "Dispute" will also include disputes that were not noticed at the time you first became subject to these Terms but that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as disputes that may arise after the termination of these Terms.
17.2 Informal resolution. You and Grindr agree that good-faith informal efforts to resolve Disputes can produce a prompt, low-cost, mutually beneficial outcome. You and Grindr agree to participate in those efforts before starting arbitration or initiating an action in court ("Informal Dispute Resolution"). Either party may ask the other to meet and confer by telephone before arbitration or, where permitted, a court action (an "Informal Dispute Resolution Conference" or "Conference"). If you are represented by counsel, your counsel may participate, but you must also participate.
To initiate Informal Dispute Resolution, a party must give the other party written notice ("Notice"). Notice to Grindr that you intend to initiate a Conference should be sent by email to disputes@grindr.com. Grindr will send Notice, including a description of the Dispute, to your email or mailing address on file; you are responsible for keeping both correct and current. The Notice must be signed by the party initiating the Dispute (you personally or a Grindr representative) and include: (1) your name, phone number, mailing address, and the email address associated with your account, if any; (2) your counsel’s name, telephone number, mailing address, and email address, if any; and (3) a description of your Dispute.
Informal Dispute Resolution lasts 45 days after the other party receives the Notice and is a mandatory precondition to commencing arbitration. Any requested Conference must take place within the 45-day period unless the parties agree to extend it. A party that provides the required Notice and makes reasonable, good-faith efforts to participate may commence arbitration after that period if the other party fails or refuses to participate. Unless all parties agree, a separate individualized Conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases; multiple individuals initiating Disputes may not participate in one Conference unless all parties, including Grindr, agree. Each conference shall be confidential. Between receipt of the Notice and the Conference, the parties may communicate informally to resolve the initiating party’s Dispute. The statute of limitations and any filing-fee deadlines are tolled while the parties engage in Informal Dispute Resolution, including any Conference required by this Section.
17.3 Applicable law. You and we agree that United States federal law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters, except as may be expressly provided in the Special Terms.
17.4 Our arbitration. You and Grindr agree that this provision and each of its parts evidence a transaction involving interstate commerce and that the FAA governs interpretation and enforcement of this Arbitration Agreement, including the Batch Arbitration procedures, and any arbitration. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules (including desk, telephone, or video proceedings where appropriate and permitted to reduce travel costs), available at https://www.adr.org/consumer (the "AAA Rules"). If AAA is unavailable to arbitrate, the parties will select an alternative arbitral forum. If Informal Dispute Resolution does not resolve a Dispute satisfactorily within 45 days after receipt of the Notice, or any reasonable time needed to complete any Conferences, either party may finally resolve it by binding arbitration under this Arbitration Agreement, subject to satisfying the requirements of Section 17.2.
A party wishing to initiate arbitration must provide the other party with a request for arbitration (the "Request") that includes: (1) the requesting party’s name, telephone number, mailing address, email address, account username, if applicable, and email address associated with any applicable account; (2) a statement of the legal claims asserted and their factual bases; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying compliance with Section 17.2, including any basis for proceeding without a requested Conference;; and (5) evidence that the requesting party has paid any necessary filing fees for the arbitration. A Request to Grindr should be sent by email to grindrlegal@grindr.com or by regular mail to Grindr LLC, P.O. Box 69176, West Hollywood, CA 90069. Grindr will provide a Request to your email and/or mailing address on file; you are responsible for keeping your contact information current. If the requesting party is represented by counsel, the Request must also include counsel’s name, telephone number, mailing address, and email address, and counsel must sign it. By signing, counsel certifies, to the best of counsel’s knowledge, information, and belief after a reasonable inquiry under the circumstances, that: (1) the Request is not presented for an improper purpose, such as harassment, unnecessary delay, or needless increase in dispute-resolution costs; (2) the claims, defenses, and other legal contentions are warranted by existing law or a nonfrivolous argument to extend, modify, or reverse existing law or establish new law; and (3) the factual and damages contentions have evidentiary support or, if specifically identified as such, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitrator will be a retired judge or an attorney licensed to practice law in California, selected by the parties from AAA’s roster of consumer dispute arbitrators. If the parties cannot agree within 35 days after delivery of the Request, AAA will appoint the arbitrator under the AAA Rules; if Section 17.9 Batch Arbitration is triggered, AAA will appoint an arbitrator for each batch without soliciting any party’s input or feedback, subject to your right to object to the appointment. Unless you and Grindr agree otherwise, arbitration will take place in the county where you reside or, in Batch Arbitration, where the arbitrator determines. Unless you and Grindr agree otherwise, it will be conducted virtually by video or teleconference; at either party’s request, the arbitrator may, in the arbitrator’s discretion, require an in-person hearing. The arbitrator has exclusive authority to resolve any Dispute, including without limitation any dispute about the interpretation or application of this Arbitration Agreement or its enforceability, revocability, scope, or validity, in whole or in part. The exception is that a court of competent jurisdiction, not an arbitrator, will decide all Disputes concerning Section 17.15 (Waiver of Certain Rights), including any claim or Dispute that any part of Section 17.15 is unenforceable, illegal, void, voidable, or breached. The arbitrator may grant motions dispositive of all or part of any Dispute.
17.5 The arbitrator's award to you or us. You and we agree that for matters where the relief sought is over $5,000, the arbitrator's written decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. You and we agree that the arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17.6 Injunctive and declaratory relief. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.9 (Batch Arbitration).
17.7 Exceptions to our agreement to arbitrate Disputes. There are three exceptions to this provision to arbitrate: (1) First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. (2) Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts. (3) Third, where application of this provision to arbitrate is prohibited by applicable law.
17.8 Costs of arbitration. You and we agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules and fee schedules, unless otherwise stated in this provision to arbitrate. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
17.9 Batch Arbitration. To increase the efficiency of administering and resolving arbitrations, you and Grindr agree that if 10 or more individual Requests of a substantially similar nature are filed against Grindr by or with the assistance of the same law firm, group of law firms, or organizations within a reasonably proximate period (for example, 90 days), AAA shall: (1) administer the Requests in batches of 100, or, if between 10 and 99 Requests are filed, in one batch of all of them, with a final batch of any fewer than 100 Requests remaining; (2) appoint one arbitrator for each batch; and (3) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing, if any, in a place the arbitrator determines, and one final award providing any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). AAA shall administer all batches concurrently to the extent possible.
All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree about whether Batch Arbitration applies, the disagreeing party shall advise AAA, which shall appoint a sole standing arbitrator to decide its applicability (the "Administrative Arbitrator"). To expedite that decision, the Administrative Arbitrator may set procedures necessary to resolve the dispute promptly. Grindr shall pay the Administrative Arbitrator’s fees.
You and Grindr agree to cooperate in good faith with AAA to implement Batch Arbitration, including paying single filing and administrative fees for batches of Requests and taking steps to minimize arbitration time and costs, which may include: (1) appointing a discovery special master to assist the arbitrator in resolving discovery disputes; and (2) adopting an expedited calendar of arbitration proceedings.
Batch Arbitration does not authorize a class, collective, or representative arbitration or action of any kind except as expressly provided in this Section 17.9, and does not preclude any party from participating in an arbitration administered under this process.
17.10 Future amendments to the Arbitration Agreement. Grindr may amend this Arbitration Agreement. If Grindr makes a material amendment, Grindr will notify you in advance through the Services or by email. No amendment will apply to a Dispute that accrued before the amendment’s effective date, unless you and Grindr expressly agree otherwise in writing after the Dispute arises. Any Dispute excluded from an amendment remains governed by the arbitration agreement otherwise applicable to it. An amendment will not apply to any claim filed in a legal proceeding against Grindr before its effective date.If you do not agree to an amendment, you may close your account within thirty (30) days after we notify you of it or before its effective date, whichever is later, and you will not be bound by the amendment. Otherwise, subject to your right to opt out of a material amendment under Sections 17.13 and 17.14, using the Services after receiving notice of the amendment and on or after the effective date means you accept the amendment. Your continued use of the Services constitutes your acceptance of any such amendment. Grindr will continue to honor any valid opt-out of the Arbitration Agreement that you made under a prior version of these Terms.
17.11 Judicial forum for legal Disputes. Subject to this Arbitration Agreement, any litigation between you and Grindr must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Grindr agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
17.12 Arbitration severability clause. Except as provided in Section 17.15 (Waiver of Certain Rights), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement will remain in full force. However, if Section 17.9 is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Los Angeles County, California.
17.13 YOU MAY OPT OUT OF ARBITRATION. YOU CAN CHOOSE TO OPT OUT OF THIS ARBITRATION AGREEMENT ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@GRINDR.COM ("OPT-OUT NOTICE"). IF YOU ARE A NEW GRINDR USER, THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN THIRTY-ONE (31) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS. IF YOU PREVIOUSLY AGREED TO AN ARBITRATION AGREEMENT WITH GRINDR AND DID NOT VALIDLY OPT OUT, YOU MAY OPT OUT OF A MATERIAL AMENDMENT TO THAT AGREEMENT BY SENDING AN OPT-OUT NOTICE THAT IS RECEIVED WITHIN THIRTY-ONE (31) DAYS AFTER WE NOTIFY YOU OF THE AMENDMENT. OPTING OUT OF AN AMENDMENT DOES NOT TERMINATE OR ALTER ANY PRIOR ARBITRATION AGREEMENT THAT OTHERWISE APPLIES TO YOU OR CREATE A NEW OPPORTUNITY TO OPT OUT OF THAT PRIOR AGREEMENT.
17.14 Arbitration opt-out procedure. In order to opt out, within the applicable thirty-one (31) day period described in Section 17.13, you must email your legal name, mailing address (including street address, city, state, and zip code), email address(es) associated with your account(s) to which the opt-out applies, and a copy of your signature to: arbitrationoptout@grindr.com. Any opt-out will be effective only if you send it yourself, on an individual basis, and opt-outs sent from any third party purporting to act on your behalf will have no effect on your or Grindr's rights. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and this Section 17 (including Section 8.5 (Advertising), Section 13 (Your License to Use the App), Section 14 (Disclaimers), Section 15 (Indemnification), Section 16 (Limitation of Liability), and Section 17.11 (Judicial Forum for Legal Disputes)) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any otherwise valid and applicable previous, other, or future arbitration agreements that you may have with us. Nothing in these Terms revives an arbitration agreement from which you validly opted out.
17.15 WAIVER OF CERTAIN RIGHTS. BY AGREEING TO THESE TERMS, YOU AND GRINDR HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE). EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. YOU AGREE THAT YOU CANNOT SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THESE TERMS EXCEPT AS SPECIFIED IN SECTION 17.9. You and Grindr are instead electing that Disputes required to be arbitrated shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.9. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.9 (Batch Arbitration). Nothing in this Arbitration Agreement waives any right to seek public injunctive relief that applicable law does not permit the parties to waive. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 17.15 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Grindr agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Grindr from participating in a class-wide settlement of claims.
17.16 Statute of limitations for your claims. You and Grindr further agree that any Dispute, as defined and detailed in this Arbitration Agreement, must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
18. Copyright: notice and takedown
18.1 Repeat infringers. We respect intellectual property rights and expect users to do the same. We will terminate, without notice, the accounts of users we determine to be repeat infringers. A repeat infringer is a user who has been notified of infringing activity more than twice or whose Content has been removed for infringement more than twice. We may also terminate an account for a single infringement under Section 12.
18.2 How to send a copyright notice. If you are a copyright owner or an agent of one and believe that Content on the Services infringes your copyright, send our Designated Copyright Agent a written notice that includes: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (b) identification of the copyrighted work claimed to be infringed, or a representative list if the notice covers multiple works on the Services; (c) identification of the material claimed to be infringing and information reasonably sufficient for us to locate it; (d) your address, telephone number, and, if available, email address; (e) a statement that you have 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 notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Send notices to: Grindr LLC, Attention: Copyright Agent, Email: dmca@grindr.com. Use this address only for copyright notices under this Section. If your notice does not meet all of these requirements, it may not be valid under the Digital Millennium Copyright Act. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing may be liable for damages.
19. Apple App Store terms
The following terms apply if you use the App from the Apple App Store. If they conflict with, or are more restrictive than, other parts of these Terms, they control, but only for the App Store version of the App.
(a) These Terms are between you and Grindr, not Apple. Grindr, not Apple, is solely responsible for the App and its content. If these Terms provide usage rules that are less restrictive than, or conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
(b) Your license is limited to a non-transferable license to use the App on an Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple App Store Terms of Service.
(c) Grindr is solely responsible for any maintenance and support of the App, as specified in these Terms or required by law. Apple has no obligation to provide maintenance or support.
(d) Grindr is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Grindr's sole responsibility.
(e) Grindr, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar laws. These Terms do not limit Grindr's liability to you beyond what applicable law permits.
(f) Grindr, not Apple, is solely responsible for investigating, defending, settling, and discharging any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights.
(g) Grindr's contact information for questions, complaints, or claims about the App is in Section 21.9.
(h) You must comply with applicable third-party terms when using the App.
(i) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
20. Cancellation rights in certain U.S. states; New York residents
20.1 Three-business-day cancellation right. This notice applies to paid subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and any other state whose law requires notice of cancellation rights. You, the buyer, may cancel this agreement or your subscription and request a refund, without any penalty or obligation, at any time before midnight of the original contract seller's third business day following the date you entered these Terms or subscribed, excluding Sundays and holidays. To cancel, mail or deliver a signed and dated notice stating that you, the buyer, are canceling, or words of similar effect, together with the email address or phone number used for your account, to: Grindr LLC, Attn: Cancellations, P.O. Box 69176, West Hollywood, CA 90069. If you subscribed through the Apple App Store or Google Play, you must also follow that store's process to cancel and, if applicable, obtain a refund.
20.2 Death or disability. If you die before the end of a paid subscription period, your estate is entitled to a refund of the portion of your payment allocable to the period after your death. If you become disabled before the end of a paid subscription period, so that you are unable to use the subscription, and a physician verifies the disability in writing, you are entitled to a refund of the portion of your payment allocable to the period after the disability. Send requests to the address in Section 20.1.
20.3 New York residents. If you live in New York, you may place your subscription on hold for up to one year by written notice to Grindr LLC, Attn: Hold, P.O. Box 69176, West Hollywood, CA 90069. You are not guaranteed any number of "referrals"; the Services provide search and discovery features that let you view profiles. You may review the New York Dating Service Consumer Bill of Rights.
21. General terms
21.1 Governing law. Section 17.3 governs the Arbitration Agreement and all Covered Dispute Matters. Otherwise, and subject to Section 17 and any mandatory law of the country where you live, these Terms and any claim arising from them or from your relationship with Grindr are governed by the laws of the State of California, USA, without regard to conflict-of-laws principles.
21.2 Language. If there is a discrepancy between the English version of these Terms and any translation, the English version prevails, except where the Special Terms for International Users provide otherwise for your country.
21.3 Notices and electronic records. We may give you notices, including notices of changes to these Terms, by email to the address on your account, by posting in the Services, or by another electronic method. You consent to receive notices, disclosures, and records electronically, and you agree that your electronic acceptance of these Terms has the same effect as a signature. We keep a record of the version of these Terms you accepted and when, and you agree that our records are evidence of your acceptance. To give us notice, use the addresses in Section 21.9; notice to us is effective when received.
21.4 Assignment. You may not assign or transfer these Terms or any rights under them. We may assign or transfer these Terms, and our rights and obligations under them, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of Grindr or its assets. Such a transaction may include a transfer of Your Content and other information, subject to the Privacy Policy, and you agree to that transfer without further action.
21.5 Sections that continue. The following continue to apply after your account closes or these Terms end: Sections 1, 2.4, 2.5, 3, 5, 6.2, 7, 8, 9.8 through 9.12, 12.4, 12.5, 13, 14, 15, 16, 17, 18, 19, 20, and 21, and the Special Terms for International Users, together with any other provision that by its nature should continue.
21.6 Severability and waiver. If any provision of these Terms is found unlawful, void, or unenforceable, it will be severed and the remaining provisions will remain in effect, except where Section 17.12 provides otherwise. A provision may be waived only in a writing signed by the party entitled to its benefit. A failure to enforce a provision at any time is not a waiver of the right to enforce it later, and a waiver of one breach is not a waiver of any other.
21.7 Third-party beneficiaries. Our affiliates are third-party beneficiaries of all rights, protections, and benefits these Terms give Grindr, including Section 17. The other Grindr Parties are third-party beneficiaries of Sections 3.1, 14, 15, and 16 and may enforce those Sections directly. SpotifyAB is a third party beneficiary of these Terms and of our Privacy Policy and is entitled to directly enforce the rights we have herein. Apple has the rights described in Section 19. Otherwise, these Terms create no third-party beneficiary rights.
21.8 Entire agreement; interpretation. These Terms, together with the Privacy Policy, the Community Guidelines, the Special Terms for International Users, and any additional terms presented for a specific feature, offer, or purchase, are the entire agreement between you and Grindr about their subject matter, and may be modified only as these Terms provide or in a writing agreed by both parties. Additional terms for a specific feature, offer, or purchase control over these Terms only for that feature, offer, or purchase, and do not change Sections 14 through 17 or the Special Terms for International Users unless they expressly say so. Headings are for convenience only. "Including" means "including without limitation..
21.9 Contact us. The Services are offered by Grindr LLC, P.O. Box 69176, West Hollywood, CA 90069. Questions or complaints: help@grindr.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834, telephone (916) 445-1254 or (800) 952-5210. For the European Union's Digital Services Act, our point of contact for users, our point of contact for Member State authorities and the European Commission, and, where applicable, our legal representative in the European Union are published at https://help.grindr.com/hc/en-us/articles/45807804576275-Digital-Services-Act-DSA-Legal-Representative. Our Designated Copyright Agent is in Section 18, and our Grievance Officer for India is identified in the Special Terms for International Users.
21.10 References in earlier versions. A reference in any prior version of these Terms, or in any notice, consent, or other document, to 'this Agreement,' the 'Terms and Conditions of Service,' or 'Section 21' refers to these Terms and to Section 17. Each version of these Terms continues the agreement between you and Grindr.
Special Terms for International Users
In these Special Terms, "this Agreement" means these Terms; "Premium Services" means Subscriptions; "Microtransactions" means Add-Ons; "User Content" means Your Content; "Grindr Services" means the Services; and "User Account" means your account. Capitalized You, Your, We, Us and Our have the same meaning as you, your, we, us and our elsewhere in these Terms. Section references have been updated to the current numbering; the text is otherwise unchanged from the prior version.
1. UNITED KINGDOM
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law:
1. Cancellation within 14-day cancellation period. You have the right to cancel Your Premium Services within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from Your purchase of the Premium Services. If You have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of Your free trial. To exercise the right to cancel Your Premium Services during the fourteen (14) day cancellation period, You must inform Us at help@grindr.com of Your decision to cancel by a clear statement. You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicate to Us Your cancellation (excluding any free trial period where no payment was taken) and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
2. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Grindr's (or its affiliated companies', contractors', subcontractors', directors', officers', employees', agents', third party suppliers' or licensors') liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
3. ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (COMPETENT AUTHORITIES AND INFORMATION) REGULATIONS 2015 AS AMENDED BY THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (AMENDMENT) REGULATIONS 2015, THE AGREEMENT TO ARBITRATE IN SECTION 17 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 17.11 CAREFULLY.
4. No Prejudice to Consumer Law. As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident. Nothing in this Agreement, including, without limitation, Section 17, affects Your rights as a consumer to rely on such mandatory provisions of local law.
5. Local Jurisdiction. The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 17, in which We agree that all disputes not subject to the terms of Section 17 will be heard in courts located in Los Angeles, California, USA. This Agreement does not limit any such rights that You have that apply regardless of the terms of an agreement that You have entered into. But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 17 and reserves the right to contest that it is not subject to the jurisdiction of any other court.
2. EUROPEAN ECONOMIC AREA ("EEA")
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EEA resident to the extent required by applicable law.
1. Cancellation within 14-day cancellation period. You have the right to cancel Your Premium Services within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from Your purchase of the Premium Services. If You have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of Your free trial. To exercise the right to cancel Your Premium Services during the fourteen (14) day cancellation period, You must inform Us at help@grindr.com of Your decision to cancel by a clear statement. You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicate to Us Your cancellation (excluding any free trial period where no payment was taken) and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
2. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Grindr's (or its affiliated companies', contractors', subcontractors', directors', officers', employees', agents', third party suppliers' or licensors') liability to the extent that it cannot be excluded or limited by applicable law.
3. ARBITRATION MAY NOT APPLY TO YOU.
1. IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN SECTION 17 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 17.11 CAREFULLY.
2. OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE: OUT-OF-COURT DISPUTE SETTLEMENTS UNDER THE DIGITAL SERVICE ACT ("DSA") MAY APPLY TO YOU IN CERTAIN CIRCUMSTANCES IF YOU ARE A RECIPIENT OF THE GRINDR SERVICES AND ARE LOCATED IN THE EUROPEAN ECONOMIC AREA. TO VIEW OUR OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE, PLEASE CLICK HERE.
4. No Prejudice to Consumer Law. As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident. Nothing in this Agreement, including, without limitation, Section 17, affects Your rights as a consumer to rely on such mandatory provisions of local law.
5. Local Jurisdiction. The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 17, in which We agree that all disputes not subject to the terms of Section 17 will be heard in courts located in Los Angeles, California, USA. This Agreement does not limit any such rights that You have that apply regardless of the terms of an agreement that You have entered into. But by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any courts other than those referenced in Section 17 and reserves the right to contest that it is not subject to the jurisdiction of any other court.
3. SPAIN
In addition to the terms set forth above for EEA residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law:
1. Language. The Spanish version of this Agreement will control.
2. Modifications. Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to this Agreement.
3. Renewals. Grindr (either directly or through an App Store) will provide You advance notice of the renewal date of the Premium Services subscription and of the trial subscription before charging Your credit or debit card.
4. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
4. PORTUGAL
In addition to the terms set forth above for EEA residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law:
1. Language. The Portuguese version of this Agreement will control.
2. Modifications. Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to this Agreement.
3. Renewals. Grindr (either directly or through an App Store) will provide You advance notice of the renewal date of the Premium Services subscription and of the trial subscription before charging Your credit or debit card.
4. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
5. GERMANY
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a German resident:
1. Liability Limitations. The following applies in lieu of any conflicting or inconsistent language in this Agreement, in particular Section 16 of this Agreement:
1. We are solely liable as follows: We are liable without limitation in accordance with the statutory provisions (i) for damages resulting from injury to life, body or health; (ii) in the case of intent; (iii) in the event of gross negligence; and (iv) in accordance with the Product Liability Act. Without limiting the foregoing, we are liable for slight negligence only in the event of a breach of a "material" obligation under this contract ("Kardinalpflichten"). "Material" obligations in this sense are duties that are necessary for the performance of the contract, the violation of which would jeopardize the achievement of the purpose of the contract, and on whose compliance you may therefore regularly rely. In these cases, liability is limited to contract-typical and foreseeable damages; in other cases, we are not liable for slight negligence.
2. To the extent that Grindr's liability is excluded or limited under the above provision, this shall also apply to Grindr's liability for its legal representatives, employees and vicarious agents.
3. These limitations of liability will remain in effect beyond the end of the contractual relationship with you and Grindr and beyond the duration of your use of the Grindr Services.
4. Price Amendments. In addition to Section 11.1, We will increase or decrease prices and modify the Service in the following cases: increased operating costs, general inflationary increases, additional value due to added services, and increases in vendor costs.
2. No Indemnity. Section 15 does not apply to You.
3. Termination. Grindr may only terminate Your account if You breach this Agreement or violate the law, subject to Sections 12.3 and 12.4. Grindr will issue any refunds required by German law in the event of termination. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
4. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
6. CANADA
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Canadian resident to the extent required by applicable law:
1. Dispute Resolution. Sections 17 (Arbitration) and/or 17.15 (Waiver of Certain Rights) will not apply to You if any such provision is unenforceable under the laws of Your Province of residence. Section 17.11 will continue to apply in all such cases.
2. Cancellation Rights. Residents of certain Provinces may have the right to cancel Premium Services as required by local law. Grindr will honor such cancellation rights.
7. AUSTRALIA
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Australian resident to the extent required by applicable law:
1. Transmission of Personal Information Overseas. In consenting to the transfer to and processing of Your data in the United States of America and any other jurisdiction throughout the world, You acknowledge that other jurisdictions (including the United States of America) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against Grindr as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
2. Reverse Engineering. The restriction on the modification, disassembly, decompilation or reverse engineering of the Grindr Services is subject to Your rights under Part III Div 4A ("Acts not constituting infringement of copyright in computer programs") of the Copyright Act 1968 (Cth).
3. Consumer Guarantees. Grindr's liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
1. in the case of goods supplied to You, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to You of the replacement or supply), or the repair of the goods (or the payment of the cost to You of the repair); and
2. in the case of services supplied to You, the supply of the services again or the payment of the cost to You of having the services supplied again.
8. ARGENTINA
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Argentine resident to the extent required by applicable law:
1. Cancellation Within 10-day Cancellation Period. You have the right to cancel Your Premium Services within ten (10) days without giving any reason. The cancellation period will expire after ten (10) days from Your purchase of the Premium Services. If You have benefitted from a free trial, the cancellation period will expire ten (10) days from the beginning of Your free trial. To exercise the right to cancel Your Premium Services during the ten (10) day cancellation period, You must inform Us at help@grindr.com of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium Services fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation (excluding any free trial period where no payment was taken), and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
2. Notice and Takedown Policy. If You are a resident of Argentina, the notice and takedown policy in Section 18 will not apply to You. Instead, in case You believe that any content hosted on any Grindr Service produces damage to You and could be considered as manifestly illegal, then You may submit a notification to Grindr indicating the content in question and providing documentation that proves Your identity as well as detailing the damage caused by the content. Grindr will analyze the claim and if the content is manifestly illegal (i.e. child pornography, data that facilitates the commission of a crime, crime or racism references, etc.), then Grindr will proceed with its takedown. Any other content that causes damage but cannot be considered as manifestly illegal shall not be taken down by Grindr unless You provide a judicial notification ordering the takedown of the content in question. Notifications of any sort for these purposes shall be delivered to help@grindr.com.
9. BRAZIL
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Brazilian resident to the extent required by applicable law:
1. Right of Regret. You have the right to cancel Your Grindr Services within seven (7) calendar days without giving any reason. The cancellation period will expire after seven (7) calendar days from Your purchase of the Grindr Services. To exercise the right to cancel Your Grindr Services during the seven (7) day cancellation period, You must inform Us at help@grindr.com of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. We will refund any and all amounts paid by You. We will make the refund without undue delay and within the shortest timeframe possible after the day on which We are informed about Your decision to cancel. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
2. Arbitration Will Not Apply to You. Any dispute procedure deriving from this Agreement will be resolved by a competent Court of the relevant User's address.
3. Notice to Remove Sensitive or Private Content. In case of any unauthorized disclosure of Your images, videos, pictures or any other material of Yours containing nudity or sexual private content, Grindr undertakes to take all necessary measures, to the extent applicable to Our technical services, in order to remove the referred content in a diligent manner and in the shortest timeframe possible, provided that You notify Us of the relevant infringement by identifying and specifying the infringing content. Also, in the event You are exposed to inaccurate, offensive, indecent or objectionable content of other Users, You may notify Us of such content, so that We may take the appropriate measures in order to remove it, to the extent applicable. In addition, consistent with applicable Brazilian law, Grindr proactively and/or under notification removes certain categories of serious illegal content, including child sexual abuse material (CSAM) and other violations of minors' rights, content inciting terrorism, content facilitating human trafficking, content promoting hate speech or discrimination, and content related to gender-based violence, without requiring prior notification. Grindr reserves the right to notify the victims, report the cases to the appropriate national and international authorities, and pursue other legal remedies in accordance with applicable law. If You believe Your content has been removed in error, You may submit a complaint to help@grindr.com and request review of the removal decision.
4. Application of Brazilian Law. You and We agree that Brazilian Law will also apply to this Agreement, especially with respect to rights of privacy, protection of personal data, and secrecy of private communications and of logs. You and We agree to comply with all applicable Brazilian law.
5. Retention of Records of Your Account. We will keep the application logs under confidentiality, in a controlled and safe environment, for the statutory period pursuant to applicable Brazilian Law.
6. Charge of Fees. Anytime that We decide to charge You for a portion or for the whole of Grindr Services, a message will be displayed within the Grindr Services, so that You may either (i) approve the relevant service and corresponding fees, in which case You will be requested to provide Your credit card details; or (ii) deny the relevant service and continue using the portion of the Grindr Services that is free of charge.
7. Limitation of Liability. The provisions related to limitation of liability established under this Agreement may not apply to You to the extent of Grindr's actions.
8. Statute of Limitations for Your Claims. The provisions of this Agreement related to statute of limitations may not apply to You, if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, You will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
9. Modifications to this Agreement. We reserve the right to modify, at Our sole discretion, any of the provisions contemplated in this Agreement at any time and for any reason whatsoever, regardless of Your previous approval. You will be notified of such modifications.
10. INDIA
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Indian resident to the extent required by applicable law.
1. Governmental Assistance. Any authorized personnel or agency of the Indian government may report and request the removal of unlawful information, or report and request Grindr's assistance with an investigation into cybersecurity incidents or other offenses, by contacting Grindr's Grievance Officer via email to help.india@grindr.com.
2. Prohibited Conduct and Uses. In addition to the prohibited conduct and uses set forth in Section 6.2, and for the avoidance of doubt, You are not allowed to host, display, upload, modify, publish, transmit, store, update or share any information that:
Belongs to another person and is information to which the user does not have any right;
Is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm, or otherwise promoting enmity between different groups on the basis of religion or caste with the intent to incite violence;
Is harmful to a person under the age of eighteen (18) years;
Infringes any patent, trademark, copyright or other proprietary rights;
Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature;
Impersonates another person;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or any online gaming intermediary offering such an online game;
Violates any law for the time being in force;
Is synthetically generated and violates any law for the time being in force, including the Information Technology Act, 2000, Bharatiya Nyaya Sanhita, 2023, Protection of Children from Sexual Offences Act, 2012, Explosive Substances Act, 1908, and any such synthetically generated information that: (a) contains child sexual exploitative and abuse material, non-consensual intimate imagery content, or is obscene, pornographic, paedophilic, invasive of another person's privacy, including bodily privacy, vulgar, indecent or sexually explicit; or (b) results in the creation, generation, modification or alteration of any false document or false electronic record; or (c) relates to the preparation, development or procurement of explosive material, arms or ammunition; or (d) falsely depicts or portrays a natural person or real-world event by misrepresenting, in a manner that is likely to deceive, such person's identity, voice, conduct, action, statement, or such event as having occurred, with or without the involvement of natural person; or
Is otherwise prohibited under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including Rules 3(1)(b) and 3(3)(i).
3. Licenses. Notwithstanding anything contained in Section 30A of the (Indian) Copyright Act, 1957, any licenses granted under this Agreement, including to Your User Content and Feedback, in so far as it relates to copyrightable material shall not lapse nor shall the rights transferred therein revert to you, even if Grindr does not exercise the rights under the license within a period of one (1) year from the date of license. You hereby waive any right to and shall not raise any objection or claims to such license. You hereby acknowledge the sufficiency of the consideration of the mutual covenants contained herein, in respect of any licenses granted under this Agreement. To the extent the waiver of moral rights under Section 7.3 of this Agreement is not enforceable pursuant to applicable law, you grant us the necessary rights to use Your User Content without attribution and to make reasonable adaptations of Your User Content as necessary to render the Grindr Services. You shall execute all appropriate documents to perfect the foregoing in favor of Grindr.
4. Grievance Redressal Mechanism and Grievance Officer. Please note that You or any other individual may submit a complaint or grievance about any violation of this Agreement or the Community Guidelines, including any prohibited conduct or uses, or any other matter related to the Grindr Services, including a response to any alleged violation of this Agreement or Community Guidelines, by contacting Grindr's Grievance Officer via email to help.india@grindr.com. In addition, You or any other individual can also submit any such complaint or grievance directly within the Grindr Services or via email to help@grindr.com. In submitting any complaint or grievance, please provide any details that may help Grindr resolve the complaint or grievance. Grindr will acknowledge receipt of the complaint or grievance and resolve it within the time periods provided by applicable law.
5. Termination of account. Please note that Grindr reserves the right, in its sole discretion, to terminate or suspend the account or access of any user of the app, who is the subject of violations of this Agreement.
6. Changes. Grindr will inform its users of any modifications to this Agreement by posting them on the website and/or through such other means as may be required under applicable law.
11. ISRAEL
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of Israel, to the extent required by applicable law:
1. Nature of Premium Services. This section supersedes Sections 9.1, 9.2, 9.4 and 9.12 with respect to Israeli residents. Grindr's Premium Services are provided on an ongoing, indefinite basis with periodic billing cycles. There is no fixed subscription term. You may cancel at any time as set forth below, and Grindr will only be entitled to payment for the portion of the billing cycle during which Premium Services were actually provided up to the date Grindr processes Your cancellation request (the "Effective Cancellation Date"). For the avoidance of doubt, this Part 11 does not apply to Microtransactions (Section 9.8), which are one-time purchases and not continuing services.
2. Cancellation Rights. You have the right to cancel Your Premium Services within fourteen (14) calendar days after purchase without giving any reason. To exercise Your right to cancel, You may do so through any of the following channels:
● In app or account settings: Update Your subscription settings in Your Apple Account, Google Play, or Grindr Web Account, depending on where You enrolled; or
● Email: Contact us at help@grindr.com with a clear statement of Your decision to cancel.
We will communicate to You an acknowledgment of receipt of such cancellation without delay. To meet any applicable cancellation deadline, it is sufficient for You to send Your communication before the deadline has expired. Upon cancellation, Your refund rights are set forth in paragraph 3 below.
3. Pro-Rata Refund Upon Cancellation. Upon cancellation, Grindr will refund You a pro-rata amount of any fees You have pre-paid for Premium Services corresponding to the unused portion of the then-current billing cycle following the Effective Cancellation Date. You will not be charged for (i) any billing cycle that begins after the Effective Cancellation Date; or (ii) any free trial period during which no payment was taken. We will make the refund without undue delay and no later than fourteen (14) days after the Effective Cancellation Date. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
4. Price Changes. Grindr may change the periodic fee for Premium Services prospectively. We will provide You with advance notice of any price change before it takes effect, and any such change will apply only to billing cycles beginning after the notice period. If You do not agree to the new price, You may cancel Your Premium Services before the price change takes effect in accordance with paragraph 2 above.
5. Arbitration Will Not Apply to You. Any dispute procedure deriving from this Agreement will be resolved by a competent Court of the relevant User's address.
12. CERTAIN OTHER JURISDICTIONS WITH CANCELLATION RIGHTS
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a resident of a jurisdiction with laws which may require notice of cancellation rights, to the extent required by applicable law:
1. Cancellation Rights. Residents of certain jurisdictions may have the right to cancel this Agreement as required by local law. Grindr will honor such cancellation rights.
