Terms of Service

By accessing or using the Benefactr application ("Service"), website, or any related services provided by Gluesoft ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and the Company. By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates.

To use the Service, you must meet the following eligibility requirements:

• Age Requirement: You must be at least 18 years of age to create an account and use the Service. By using Benefactr, you represent and warrant that you are at least 18 years old. We do not knowingly collect personal information from anyone under the age of 18.
• Legal Capacity: You must have the legal capacity to enter into a binding contract in your jurisdiction. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
• Not Previously Banned: You must not have been previously banned or removed from the Service by us.
• Compliance with Laws: You must be able to form a legally binding contract and are not prohibited from using the Service under applicable laws.

We reserve the right to request proof of age at any time and to terminate or suspend accounts where age requirements are not met or cannot be verified.

To access certain features of the Service, you must register for an account. When registering, you agree to:

• Provide Accurate Information: You must provide accurate, current, and complete information during the registration process and keep your account information up to date. Providing false, misleading, or inaccurate information is a violation of these Terms.
• One Account Per Person: You may only create and maintain one account. Creating multiple accounts is prohibited and may result in termination of all your accounts.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
• Password Requirements: You must choose a strong password and keep it secure. We are not responsible for any loss or damage arising from your failure to protect your account credentials.
• Account Transferability: Your account is personal to you and may not be transferred, sold, or assigned to any other person or entity.

You agree to use the Service responsibly and in accordance with all applicable laws. The following conduct is strictly prohibited:

• Harassment: Engaging in harassment, bullying, stalking, intimidation, or any behavior that is threatening, abusive, or offensive to other users. This includes unwanted contact after being asked to stop.
• Fraud and Deception: Engaging in fraudulent activities, scams, or misrepresentation. This includes catfishing, romance scams, financial scams, or any deceptive practices intended to harm other users.
• Impersonation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity. Using another person's photos without their consent is prohibited.
• Spam and Commercial Solicitation: Sending unsolicited advertisements, promotional materials, spam, chain letters, or any other form of commercial solicitation through the Service.
• Illegal Activities: Using the Service for any illegal purpose, including solicitation of prostitution, drug trafficking, money laundering, or any other criminal activity.
• Hate Speech: Posting content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Malicious Software: Uploading, transmitting, or distributing viruses, malware, or any other malicious code that could harm the Service or other users.
• Unauthorized Access: Attempting to gain unauthorized access to other users' accounts, the Service's systems, or any networks connected to the Service.
• Data Scraping: Using automated means to collect user data, content, or any other information from the Service without our express written permission.

Violation of these conduct rules may result in immediate suspension or termination of your account, at our sole discretion, without prior notice or refund.

User Content License: By posting, uploading, or sharing content on the Service (including profile photos, bio text, messages, and any other materials), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and improving the Service.

Content Ownership: You retain ownership of the content you create and share on the Service. However, you represent and warrant that you have all necessary rights to share such content and that your content does not violate the rights of any third party.

Prohibited Content: The following types of content are prohibited:

• Sexually explicit or pornographic material
• Content depicting violence, gore, or graphic imagery
• Content that exploits or endangers minors
• Content that infringes on intellectual property rights
• Private or confidential information of others without their consent
• False, misleading, or deceptive content
• Content that violates any applicable law or regulation

Content Moderation: We reserve the right, but have no obligation, to monitor, review, and remove any user content at our sole discretion. We may remove content that violates these Terms or that we determine to be harmful, offensive, or inappropriate. We may also use automated systems and third-party services to assist with content moderation.

Consent to Receive SMS: By providing your phone number and opting in to receive SMS notifications, you expressly consent to receive text messages from Benefactr at the phone number you provided. This consent is not required as a condition of purchasing any goods or services from us.

Types of Messages: You may receive the following types of SMS messages:

• Account verification and authentication codes
• Security alerts and notifications about your account
• Match notifications when you have a new match
• Message notifications when you receive new messages
• Important service updates and announcements

Message Frequency: Message frequency varies based on your account activity and notification preferences. You may receive multiple messages per day during periods of high activity.

Message and Data Rates: Message and data rates may apply depending on your mobile carrier and service plan. You are responsible for any charges from your mobile carrier related to receiving our text messages.

Opt-Out Instructions: You may opt out of receiving SMS messages at any time by:

• Replying STOP to any message you receive from us
• Updating your notification preferences in your account settings
• Contacting us at support@benefactr.app

After opting out, you may receive one final confirmation message. Please note that opting out of SMS notifications will not affect other communications from us, such as email.

Help: For help with SMS messages, reply HELP to any message or contact us at support@benefactr.app. You can also reach our support team through the in-app help feature.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

For complete SMS terms, opt-out instructions, and privacy information, see our SMS Terms & Conditions.

Benefactr Trademarks: The Benefactr name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gluesoft or its affiliates. You may not use such marks without our prior written permission.

Service Content: The Service and its original content (excluding user content), features, and functionality are and will remain the exclusive property of Gluesoft and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

User License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include:

• The right to modify, copy, or distribute the Service or its content
• The right to use data mining, robots, or similar data gathering methods
• The right to download or copy account information for another party's benefit
• The right to reverse engineer or attempt to extract the source code of the Service

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. Please review the Privacy Policy carefully to understand our practices regarding your personal data.

Termination by You: You may terminate your account at any time by deleting your account through the app settings or by contacting us at support@benefactr.app. Upon termination, your right to use the Service will immediately cease.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Service at any time, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we determine to be harmful to other users or the Service
• Request by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security issues
• Discontinuation or modification of the Service

Effect of Termination: Upon termination, your license to use the Service will immediately terminate. We may delete your account information and content, though some information may be retained as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Service Provided "As Is": THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

No Match Guarantee: We do not guarantee that you will find a match, relationship, or any particular outcome from using the Service. The Service is a platform to facilitate connections, but success depends on many factors beyond our control. We make no representations about the compatibility, safety, or behavior of other users.

User Interactions: We are not responsible for the conduct of any user, whether online or offline. You are solely responsible for your interactions with other users. We recommend exercising caution and using good judgment when communicating with or meeting other users.

Service Availability: We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may modify, suspend, or discontinue the Service at any time without notice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLUESOFT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any interactions with other users, whether online or in person

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Gluesoft, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your content or any content you submit, post, or transmit through the Service
• Your violation of any rights of another user or third party
• Your violation of any applicable laws, rules, or regulations
• Any claims made by third parties arising from your use of the Service

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Effective Date" at the top of this page.

For significant changes, we may also notify you through the Service, via email, or through other means. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you should discontinue your use of the Service and delete your account.

If you have any questions about these Terms of Service, please contact us:

We will make our best effort to respond to your inquiries within a reasonable timeframe.