Terms of Service

Last Updated: as of December 24, 2020

DateSpot begins each new relationship with a 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, Matchmaking Client, or Potential Match, and, when and as applicable, a Member, 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 support@datespot.love. 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 referrals to matchmaking companies, photographers, coaches, stylists/image consultants, and potentially other types of businesses.

In terms of the matchmaking component, DateSpot facilitates connections between individuals or companies actively engaged in the business of matchmaking who are finding possible matches for their paying clientele and singles interested in creating a DateSpot Profile and passively being involved in matchmaking.

A Matchmaker may request contact with a User in these cases:

  • Matchmaker identifies the User to be a potential match for one or more of their current or former 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.

  • The User has expressed interest in talking with a Matchmaker about becoming a client by checking the appropriate box on the contact form or otherwise expressing interest in written communications. There is no obligation for a User to become a client. Most of our Partner Matchmakers offer free consultations, but the User should discuss with their chosen Matchmaker whether there are any fees associated with the initial consultation.

In the case that a Matchmaker identifies the User to be a potential match for one or more current or former clients, the Matchmaker is encouraged but not expected to share photos with both parties.

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.

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 vet or 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.

DateSpot Matchmaking Clients. DateSpot also has its own paying matchmaking clients, who are on the "Exclusive Membership" and may be called "Matchmaking Clients." The Exclusive Membership includes a $1000 fee for one year, plus a pay-per-date program of $400 per mutual match, meaning both people want to meet based on profiles with photos. The client Pricing may change for the membership at any time, but the per match fee will remain the same for the year membership for each individual based on the pricing when the terms were agreed at the start of membership.

The membership includes a minimum of 2 Potential Matches, which are recommended dates of people who are deemed to be a solid fit and who already have said yes to the Matchmaking Client. DateSpot carefully takes into consideration a client's preferences and criteria, and will do its best to assess a solid fit. However, due to the dynamic nature of matchmaking and the fact that matches need to want to meet them first to become date options, and that we do not believe in operating on quotas over quality, DateSpot makes no guarantee of any potential matches.

If a client has not found a suitable partner by the end of the year-long membership period, DateSpot may continue to reach out about matching them unless member states in writing they do not want to be contacted. Any subsequent Potential Matches may be offered in a paid or free manner, at the discretion of DateSpot. 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.

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 package does not include any coaching.

Matchmaking Clients 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. Further, they agree that their matchmaker may take vacation at any time, for up to 30 days, and any vacation time does not extend their membership. The matchmaker is not obligated to give notice about a vacation, but may proactively or retroactively offer to pause the client's membership if there is a week or more of vacation.

Matchmaking Clients may pause their membership for one month, extending their end date to 30-31 days later. A pause does not require a specific reason, though it would be helpful to share why to DateSpot. Dating someone a Matchmaking Client wants to be exclusive is an example of why a Matchmaking Client would want to pause membership, but the pause is over after 30 days regardless of the status of the relationship.

Refunds. DateSpot keeps its pricing reasonable and competitive compared to the industry standard, and the work involved with referrals and matchmaking can be quite time-consuming. There are generally no refunds.

The membership fee for a Matchmaking Client is a setup fee for the work involved in talking with the client, consulting on their photos, facilitating any introductions to partner experts, creating their sharable profile that can be sent to candidates, researching candidates in or out of the DateSpot database, outreach to members, and interviews with candidates. This will not be refunded.

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 Matchmaking Client.

If the Potential Match simply does not respond to the intro, after 5 business days of a follow-up from DateSpot, they may request a refund and it will be granted.

If a User has been referred to a DateSpot partner photographer, stylist/image consultant, coach, or other specialist, 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 they deem a refund appropriate, 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.

Match interviews. Interviews to get to know candidates will be a minimum of 20 minutes. They will be conducted by video call or in person. 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. If a candidate has already met with a DateSpot matchmaker prior to DateSpot's existence in 2019, the candidate may still be considered someone who has been met with.

Obligations of individuals involved in DateSpot dates. Once a date is set to occur, it is the shared responsibility of the Matchmaking Client 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 Matchmaking Client. Potential Matches recognize that no feedback is included in the free service, even when they're doing a feedback call.

Matchmaking Clients and Potential Matches agree to show up for a planned date, be respectful, and not harass the other person in any way before or after a date. Dates may be via video call or in person.

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. 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.

III. Privacy Policy

Use of the Services and Site are also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us, and our Privacy Policy makes important disclosures about how DateSpot collects, uses, and shares the information you provide, or we receive, variously when you access the Site, or when you join the Site as a Member or become a subscribing Partner Matchmaker. It also describes your choices regarding control over the information you provide to us, to whom it is released, and how you may correct or update your personal information. We encourage you to read our Privacy Policy and use it to help make informed decisions.

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.

V. Indemnification

You agree to hold harmless, defend, and indemnify DateSpot, its officers, members, managers, advertisers, agents, and employees against and from all, including but limited to, loss, claim, demand, costs, liability, lawsuits, attorney's fees, incurred by such persons or groups in conjunction with any dispute or claim arising out of your breach of these Terms of Use, the Privacy Policy, and/or your Partner Matchmaker Agreement.  DateSpot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of DateSpot.

VI. Governing Law, Arbitration of Disputes and Waiver of Class Actions

These Terms of Service, the Privacy Policy, and all Partner Matchmaker Agreements, shall be governed and construed in accordance with the laws of the state of California conflict of laws excluding provisions.

If DateSpot fails to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy, and any Partner Matchmaker Agreement (each, an Agreement) that failure shall not be used to prove that DateSpot has waived the right or provision under any of these agreements. If any provision of any Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services or an Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in each such Agreement are for convenience only and have no legal effect.

ARBITRATION of DISPUTES.  You agree with DateSpot that, where allowed by applicable laws, any dispute or claim in law or equity arising between them regarding the use or breach of this Site, these Terms of Use, and Partner Matchmaker Agreements, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in San Jose, California. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU, ACCEPTING THESE TERMS OF USE, AND/OR ANY PARTNER MATCHMAKER AGREEMENT, YOU ARE AGREEING TO HAVE ANY DISPUTE REGARDING THE MATTERS INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

Class Action Waiver.  ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS SITE, THESE TERMS OF USE, OR ANY PARTNER MATCHMAKER AGREEMENT MUST, TO THE MAXIMUM EXTENT PERMITTED BY  APPLICABLE LAW, BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

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.

DateSpot Inc.

510 E. El Camino Real Suite C #70655

Sunnyvale, CA 94087

support@datespot.love

All photos displayed are taken by our partner photographers.