Terms of Service
Last Updated: January 24, 2022
DateSpot begins each new relationship with a written contract. These Terms of Service spell out what you can expect from us with regard to Services we deliver through our website, www.datespot.love and any subdomain (the Site), and what we expect from you.
The Site is owned and operated by DateSpot Inc. (DateSpot, we, us, or our). In these Terms of Service, we refer to you, any user of this Site, as you or the User, Member, Premium Member, or Potential Match, and, when and as applicable, Partner Matchmaker, or other partner. We refer to the DateSpot services, which includes your use of this Site, as the Service or Services.
To become one of our Members, you must affirmatively click and acknowledge that you have read and accept these Terms of Service. If you request to be one of our Partner Matchmakers, you will be directed to and required to accept our Partner Matchmaker Agreement, which, in addition to other provisions, incorporates these Terms of Service by reference.
If you have questions about any part of these Terms of Service, please contact us at email@example.com. We will do our best to explain why these contract provisions are important for our Services. Please remember that, until there is an agreement in place, you may access only the public portion of this Site, and will not receive any benefits as a Member or as a Partner Matchmaker.
These Terms of Service in contain agreement to Arbitration of Disputes and Class Action Waivers with regard to disputes. Please read these provisions carefully.
I. Relationship Between DateSpot And User: Providing Only a Venue
DateSpot is an Internet forum that offers dating solutions for single adults, including potential matches with other DateSpot members, potential matches with clients of partner matchmaking companies, as well as referrals to matchmaking companies, photographers, relationship/dating/life coaches, stylists/image consultants, and potentially other types of businesses.
In terms of matching options, DateSpot facilitates connections between:
- Individual Members when at least one party is a Premium (paying) Member and this paying for the connection.
- Individual Members and clients of our partner matchmaking companies. These companies are actively engaged in the business of professional matchmaking and seeking possible matches for their paying clientele.
DateSpot is not intended for persons under the age of 18, married persons, or those already in a committed relationship, or for persons otherwise uninterested in the possibility of engaging in a meaningful personal relationship. If you are married or in an exclusive relationship and looking to have a secret relationship on the side, under the age of 18, or not presently open to the idea of the possibility of a meaningful relationship, please do not register as a Member on our Site.
By registering with our Site as a Member, you are representing and affirming to us that you are 18 years of age or older, not in a monogamous relationship or marriage, and open to the idea of considering a meaningful relationship were you to meet the right person.
Free Members are in a passive matching route and may never receive a match option. There is no level of dedicated service.
DateSpot Premium Matching:
- There is no upfront cost to join. Opting in as a Premium Member allows you to be eligible to receive match options not just with paying matchmaking clients and DateSpot Premium Matching members, but with any free member of our network or a partner matchmaker's network. There are no guaranteed match options and no certain number of matches (quota). You are not a client that receives any particular level of service as the matches depend on our "inventory" based on your specific search parameters. We can search for you - or not - at any time while you're opted in.
- You will remain a Premium Member until you cancel your account or opt out. To opt out, email firstname.lastname@example.org.
- Introductions are on a pay-per-match basis, where each intro occurs after your payment.
- Payment is accepted through Venmo or credit card (via Stripe).
- At no time is payment required for a Potential Match to be presented -- payment is only required if the client wants to meet and then DateSpot facilitates an introduction. When we find someone we think could be great and you both want to meet, the cost to you is $600 for the intro. (The match only pays if they are also a Premium Matching member).
- Refunds will be given in very specific circumstances only. See the Refunds section below.
- Your membership includes a Premium Member Handbook with dating recommendations and resources to help in your journey.
- If we match you, we will create a sharable profile for you that is separate from your DateSpot account (omitting more private and sensitive info, adding how we would describe you, etc..)
- We do our best to make sure that someone looks like their photos and to get a sense of who they are, but we do not necessarily verify any particular information. We are not responsible for inaccurate information on member profiles as info may change over time and we don't always get updates about every detail at the time of every new pairing.
- The sources of where we find potential matches may be anywhere.
- Your specified age range in a partner will automatically rise by one year every time you have a birthday to account for the age difference.
- We deliver feedback from dates as given by members, but do not guarantee it as it depends on the match's involvement.
- The potential matches presented your way, or "recommended dates" are people who generally already want to meet you and who you can choose to meet based on profile info and photos. The exception would be with a partner matchmaker's client if they require confidentiality or a different process.
- You acknowledge that there may be multiple people on the team helping to match you, and your main point of contact may change any time.
- We individually meet all matches via video call if we haven't already met them in person, or unless a partner matchmaker has already met them through one of those methods.
- You are welcome to pause your membership at any point if you are dating someone or for any other reason. Please proactively notify us if you ever want to reactivate.
- The per-match pricing may change over time, but you will always have the option to either pay or not at the time of a potential match.
- You understand that this type of matching is typically an iterative process that typically requires multiple matches to land on the right person, and you and your energy, behavior, and actions are a huge part of success. Results are not guaranteed.
- Introductions may be made via email or text. The planning of the date is up to the people going on the date.
- Though advice on love, dating, relationship and life may be provided by DateSpot, the service does not include any coaching.
- Do not expect us to be proactively recruiting and continually searching for you. If you want dedicated service at any time, let us know and we can recommend a matchmaking company that focuses on you for a higher chance of success.
- You agree to maintain information that is considered confidential, including but not limited to: names and all info about any matches you're introduced to, DateSpot profiles, and the DateSpot Premium Member Handbook. We also maintain your privacy, and will never post your photo on public-facing social media, but may share your profile with anyone at any time who may be helpful in the search, including any private matchmaker-specific group.
A Partner Matchmaker may request contact with a Member in these cases:
- Matchmaker identifies the User to be a potential match for one or more of their clients.
- Matchmaker thinks the User would be a helpful addition to their potential match network in the future, and wants to have them in their own database.
In order for a potential match connection with a Matchmaker to occur, the User must have responded to a contact request from DateSpot by expressing interest in talking with a Matchmaker for these purposes.
Partner Matchmakers are encouraged but not expected to share photos with both parties. While sharing profiles with photos both ways is DateSpot's policy for matching among its members, many matchmaking companies do not share photos and prefer the privacy aspect. DateSpot does not require Matchmakers to share photos. You always have a say in who you meet regardless.
Becoming a Matchmaking Client:
If a User checks the box on the signup form that they're interested in talking about dedicated matchmaking, or expresses in writing or verbally to a DateSpot member that they're interested in talking about this route, DateSpot may make an email introduction with one or more companies. There is absolutely no obligation to become a paying client. The vast majority of our Partner Matchmakers offer free initial consultations. We do our best to mention if a consultation is paid, but the User should discuss with their contact at DateSpot whether there are any fees associated with the initial consultation.
Recommendations to Other Companies:
While DateSpot may make recommendations about which matchmaking, photography, or other services to work with, DateSpot does not vet or vouch for any of the Partner Matchmakers or other specialists. Providing a service where subscribing matchmakers can screen, and if the Member authorizes releasing his or her email address, contact potential matches for their clients, does not imply an endorsement by us of any Partner or their team or clients. DateSpot is not in a legal partnership or joint venture with any Partner Matchmaker or other partner.
For a fee, DateSpot provides an arms-length service as an independent contractor to the Site’s partners. While DateSpot seeks to satisfy itself and its Users that a company or person in fact appears to be in the matchmaking business when it contacts us to subscribe as a partner by requiring at the time of signup that they have a professional related website, and that their public ratings or reviews are of average or better standing at that time, our assessment is limited and their ratings may change after that point, not necessarily affecting their status as a DateSpot partner. DateSpot conducts no material investigation or vetting of the persons and companies seeking to work with our Site.
With all of our partners across industries, DateSpot does vetting calls with each one and only accepts those who a) have a working professional matchmaking website, b) look to have practices that we respect, and c) agree to our terms and conditions. However, DateSpot makes no representation and provides no assurance to any Member concerning the level of experience, qualifications, legitimacy, or ethics of any of subscribing partner, or the fact that they have any paying clients.
DateSpot conducts no criminal or other background checks of anyone who uses or subscribes to Site Services. If and when DateSpot contacts you with a connection request from a Partner Matchmaker, before you give us permission to provide your contact information or introduce you to the Partner Matchmaker, each Member agrees to make his or her own independent investigation and evaluation of that Partner Matchmaker. If you are not completely comfortable and do not wish to proceed with any particular matchmaker, you agree you will tell us so we may issue a credit or similar for that matchmaker.
DateSpot does not vouch for any of its Members. Similarly, because DateSpot does not conduct background checks, or seek to verify information a Member posts to his or DateSpot Profile, DateSpot makes not representation and provides no assurance to any Partner Matchmaker concerning the accuracy, ethics, or trustworthiness of any of its Members’ DateSpot profiles, or that they are in fact whom they hold themselves out to be.
Each Partner Matchmaker acknowledges and agrees the he, she, or it, and not DateSpot, is solely responsible for assessing the integrity, honesty, identity, and trustworthiness of all Members and his or her DateSpot Profile.
Users and Members agree that DateSpot does not guarantee a particular response time for any communication. They also agree to general working business hours between 10 am - 6 pm, and not expecting a response or any work to be completed on weekends.
DateSpot keeps its matching service pricing reasonable and competitive to the industry standard.
With Premium Matching, there are generally no refunds. The match fee is based on two people connecting. Should they connect via text, email, phone, or any way, and decide they don't want to meet for a date anymore, that is not a valid reason for a refund. If two people meet and don't like each other for whatever reason, or the Matchmaking Client believes they were not a suitable match given the requirements, that is not a valid reason for a refund, because so much is subjective, and DateSpot does not guarantee matches within any set criteria due to the dynamic nature of matchmaking and having to have people say yes first to the Premium Member.
Here are the exceptions that warrant a refund upon request:
- The Potential Match does not respond to the intro after 5 business days of a follow-up from DateSpot.
- A match cancelled the first date and would not reschedule, or did not end up communicating with you to set up the first date, whether the date was by video call or in person. It is not recommended to set up phone calls as first "dates" but if a call is made first that counts as a first date.
Refund requests are not automatically granted. We may require verification in the form of email or text forwards, screenshots, etc.
If a User has been referred to a service that was sub-contracted by DateSpot - a partner photographer, stylist/image consultant, or relationship/dating advisor, and they are not satisfied with the results, they should let DateSpot know so this may be taken into account for the future with other individuals. Should the User want a refund, they may submit a request via email to DateSpot. Any materials demonstrating the specifics are helpful, such as all of the photo options if the service was a photo shoot. Partial or full refunds may be given based on the circumstance at DateSpot's discretion. DateSpot may then investigate with the partner, and potentially arrange a solution - for example, another photo shoot at no additional cost to the User. The User is also welcome to circumvent DateSpot and work to arrange their own custom solution directly with the partner.
In the case of refund request from partners in the case where a service has been rendered may require payment back to DateSpot, as many of the partners are sub-contractors and DateSpot has already paid them.
In the case of a refund request for a Partner Matchmaker, the User should contact the Partner Matchmaker directly as they would have paid that company directly. DateSpot has no involvement or responsibility to the level of service provided by or satisfaction of a Partner Matchmaker, and will not provide compensation. DateSpot generally receives a 10-20% commission for referrals, but this fee is generally already included in a partner's service, meaning the client has paid the standard rate that the partner normally charges, and therefore will not be forfeited.
If a partner failed to respond to the referral email within 15 business days, they may request a replacement or be proactively offered a replacement. If the replacement is not satisfactory to them, they may request and receive a full refund.
Refunds will be paid via Venmo or PayPal within 30 days of DateSpot's confirmation of the refund.
Interviews to get to know candidates for Premium Members will be a minimum of 15 minutes. They will generally be conducted by video call, or may have been in person. If someone at DateSpot already is friends with or otherwise knows the candidate personally, we will consider the interview completed, and will just request any blanks in information from the candidate.
Because of the nature of a video call, DateSpot does not warrant that they have a sense of a person's body type or height, and will take the candidate's word for what they represent.
Obligations of individuals involved in DateSpot dates:
Once a date is set to occur, it is the shared responsibility of the Premium Member and Potential Match to let DateSpot know when the first date is planned for and schedule a quick feedback call with the matchmaker. Specific feedback may be shared with clients, but the feedback is completely based on what has been given to the matchmaker and any information may be shared or omitted when passing it along to the Premium Member. Potential Matches recognize that no feedback is included in the free service, even when they're doing a feedback call.
Premium Members and Potential Matches agree to show up for a planned date - whether virtual or in person- be respectful, and not harass the other person in any way before or after a date.
Interactions with Other Users:
Should you connect with other Users through the pay-per-match program, You are fully and solely responsible for your communications and interactions with other Users. You agree and understand that DateSpot is not obligated to review the backgrounds of its Users, or to screen Users. DateSpot makes no guarantees, warranties, or representations as to the actions or conduct of its Users. DateSpot makes no guarantees as to the number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future Users, or any of their clients. In absolutely no event shall DateSpot be liable for any damages resulting from messages, communications, meetings, or actions with other Users of the Services, or with any clients of any Partner Matchmaker. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other Users of the Services, or with clients of any Partner Matchmaker; this is especially important if You decide to meet in person. In absolutely no event shall DateSpot be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of You or anyone else in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, accidental arising out of or relating to conduct of You or anyone else in connection with the Services. You are solely responsible for your communications and interactions with other Users. We reserve the right to, but have no obligation to, monitor disputes between you and other Users of the Services.
Partner Matchmaker Ratings:
We have the right to have Members rate interactions with Partner Matchmakers and other Members, and Partner Matchmakers to rate interactions with Members.
Any ratings of Partner Matchmakers included on our Site and in our recommendation module derive from a rules-based system heavily weighted towards reviews from our Members interactions with the Partner Matchmakers, and, to a lesser extent, may integrate reviews from outside review-based websites. Ratings may be displayed even if there is only one rating, and, as explained above, DateSpot does not vet or vouch for any of the Partner Matchmakers, including those included in the recommendation module.
II. User Rules and Guidelines
In order to keep this Site useful, pleasant, and lawful for all Users, it is important that Users follow our Site rules and guidelines (Rules and Guidelines). DateSpot reserves the right to deny further access to its Site and Services to any User who violates any of the Rules and Guidelines, is the subject of complaints by other DateSpot Users, or for any other reason or for no reason at all.
The following is a list of rules that govern your conduct in connection with your use of our Services and the Site. You agree to abide by these rules, which include, but are not limited to:
- You agree that You will not pretend to be any person or entity other than yourself.
- You agree not to display material containing nudity or pornographic material of any kind.
- Any content, words, photographs, messages, or other information (collectively, "Content") provided to us or other Users through the Site shall remain your sole and exclusive property, and You shall be solely responsible for your Content and the consequences of providing it.
- You agree all information you provide to us, and all your Content, will be accurate, current, and complete. You absolutely will not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive material, or that which reflects illegal material or solicits illegal conduct. Also, you will not provide, publish, display, or transmit any material that infringes or violates another party's rights (not limited to, but including intellectual property rights, rights of privacy, and copyright rights).
- You agree if any of your Content becomes inaccurate with the passage of time you will promptly correct such Content to make it accurate. This includes one’s status as being an unmarried person not otherwise already in a committed relationship.
- You agree that you will not post, publish, display, or transmit in any way proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.
- You agree that you will not modify the Site and/or the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Site and/or the Services. You also agree that You will not aid others in such activities.
- You agree that you will not hack or interfere with the Site, its servers, or any connected networks.
- You agree that you will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Site in any manner.
- You agree that you will not stalk or harass another User of our Services, and will not use our Services or Site in any manner which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of yourself or other Users.
- You agree that you will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
- You agree that you will not use the Site to transmit, upload, or distribute any electronic/computer viruses, trojan horses, or anything else that might cause harm to other Users, our Services or DateSpot.
- You agree not to use our Services for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy.
- You agree to keep all personal login information, such as passwords, private and confidential, and you agree not to give such information to anyone.
- You agree that you will not imply or state that any statements you make are endorsed by DateSpot without our prior written consent.
- You agree you will not engage in any effort to circumvent the efforts we take to anonymize and keep concealed the name, addresses, and contact information of each Member and his or her DateSpot Profile unless and until he or she expressly authorizes the specific release of any of it. This includes, without limitation, any Partner Matchmaker or other User using software tools or search engines to search a Member’s photo to seek to uncover his or her name, identity, email address, home or work address, social media account, phone number or the like.
- You agree you may not authorize others to use your Site account or subscription, and you may not assign or otherwise transfer your account or subscription to any other person or entity.
IV. DateSpot’s Proprietary and Intellectual Property Rights
Our Site contains trademarks, copyrighted material, and reflects other proprietary rights of DateSpot. Other than your Content, we own and retain absolutely all intellectual and proprietary rights of the Site and in and to the Services. You agree that you cannot copy, alter, duplicate, transmit, license, post, publish, display, sell, or any of our proprietary information and copyrighted material, unless, we have given you explicit written permission.
VI. Governing Law, Arbitration of Disputes and Waiver of Class Actions
VII. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (OTHER THAN USER "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATESPOT AND ITS AGENTS DO NOT WARRANT THAT THE SITE AND SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
VIII. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DATESPOT OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR OUR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DATESPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE DATESPOT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO DATESPOT FOR OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
XI. Modifications to Terms of Service
DateSpot may change these Terms of Service at any time. If the Terms of Service are modified, we will post the restated Terms of Service in full on this page and update the ‘Last Updated’ date above. And, if we make any material changes to our Terms of Service and you are a Member or Partner Matchmaker, we will notify you by email prior to the change becoming effective.
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Sunnyvale, CA 94086