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Terms of Service

Last Updated: December 19, 2024

Welcome to Togetherly! These Terms of Service ("Terms") govern your use of the Togetherly platform, website, and services (collectively, the "Service") operated by Dapper Chimp, LLC ("we," "us," or "our").

By accessing or using Togetherly, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Eligibility

You must be at least 18 years old to use Togetherly. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Togetherly is currently only available to users located in the United States.

2. Account Registration

To use certain features of Togetherly, you must create an account by providing:

  • A valid email address
  • A secure password
  • Names of both people in your couple

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3. Description of Service

Togetherly is a couples dating app designed to help couples date more consistently and preserve their relationship memories. Our Service includes:

Free Features:

  • Daily AI-powered date suggestions
  • Basic photo logging and storage
  • Date memory timeline

Premium Features (Paid Subscription Required):

  • Spark AI assistant for personalized date planning
  • Unlimited photo uploads
  • Advanced memory features
  • For annual subscribers only: Option to purchase printed yearbook ($69)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer the following subscription plans:

  • Premium Monthly: $14.99 per month, billed monthly
  • Premium Annual: $149.00 per year, billed annually

4.2 Billing and Renewal

  • All subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date
  • You authorize us to charge your payment method for the renewal subscription fee
  • Subscription fees are billed in advance and are non-refundable
  • We reserve the right to change subscription prices with 30 days' notice to active subscribers

4.3 No Refunds

All subscription fees and purchases are non-refundable, including but not limited to:

  • Unused subscription time if you cancel mid-billing period
  • Yearbook purchases
  • Any other paid features or add-ons

There are no pro-rated refunds or credits for partial subscription periods.

4.4 Payment Processing

Payments are processed by Stripe, a third-party payment processor. Your payment information is subject to Stripe's terms and privacy policy.

4.5 Yearbook Add-On

  • The printed yearbook add-on is available exclusively to Premium Annual subscribers
  • Yearbook purchases are one-time payments of $69
  • Yearbooks are printed and shipped by a third-party vendor
  • Yearbook purchases are non-refundable once processing has begun
  • Delivery times may vary based on production and shipping

5. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at colton@dapperchimp.com.

Upon cancellation:

  • Your subscription will remain active until the end of your current billing period
  • You will not be charged for subsequent billing periods
  • You will lose access to premium features at the end of the billing period
  • No refunds will be provided for any unused portion of your subscription

6. User Content and Conduct

6.1 Your Content

You retain all ownership rights to the content you upload to Togetherly, including:

  • Photos
  • Date descriptions
  • AI chat conversations
  • Any other user-generated content

By uploading content, you grant us a limited license to:

  • Store your content on our servers
  • Display your content back to you within the Service
  • Process your content to provide our features (e.g., generating yearbooks)

We will NOT:

  • Use your photos or content for marketing purposes
  • Share your content with third parties (except as required to provide the Service)
  • Claim any ownership of your content

6.2 Prohibited Conduct

You agree NOT to:

  • Create fake accounts or impersonate others
  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Use the Service for any commercial purpose without our written permission
  • Violate any applicable laws or regulations
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots, scrapers) to access the Service

We reserve the right to remove any content and terminate accounts that violate these Terms.

7. Data Privacy and Security

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Key points:

  • We store your photos securely in our database
  • We do not analyze your photos with AI
  • Your AI chat conversations are stored in your account history
  • Your data is NOT sent to third parties for AI model training
  • We do not review your private conversations
  • You can permanently delete your photos and data at any time

8. Account Deletion and Data Export

You have the right to:

  • Export your data: Download all your photos and content at any time
  • Delete your account: Permanently delete your account and all associated data

When you delete your account:

  • All your data, including photos and conversations, will be permanently deleted
  • This action is irreversible
  • No data is retained after deletion
  • Active subscriptions will be cancelled (no refund provided)

To delete your account or export your data, contact us at colton@dapperchimp.com or use the account settings in the app.

9. Intellectual Property

The Togetherly Service, including its design, features, graphics, and code, is owned by Dapper Chimp, LLC and protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or distribute our intellectual property
  • Reverse engineer or attempt to extract source code
  • Use our trademarks without permission

10. Third-Party Services

Togetherly integrates with third-party services, including:

  • Stripe (payment processing)
  • Supabase (data storage and authentication)
  • Google Gemini API (AI features)
  • Resend (email communications)
  • Third-party printing services (for yearbooks)

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

11. AI-Generated Content

Togetherly uses artificial intelligence (Google Gemini API) to:

  • Generate daily date suggestions
  • Provide personalized planning assistance through Spark AI

Important notes about AI features:

  • AI-generated suggestions are for entertainment and informational purposes only
  • We do not guarantee the accuracy, safety, or suitability of AI suggestions
  • You are responsible for evaluating AI suggestions before acting on them
  • Your conversations with Spark AI are private and not used to train AI models

12. Disclaimers and Limitation of Liability

12.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free from viruses or harmful components
  • AI-generated content will be accurate or appropriate

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAPPER CHIMP, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.3 Relationship Advice Disclaimer

Togetherly is designed to help couples plan dates and preserve memories. It is NOT a substitute for professional relationship counseling, therapy, or medical advice. If you are experiencing relationship difficulties, please seek help from a qualified professional.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dapper Chimp, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content uploaded to the Service

14. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by:

  • Email to the address associated with your account
  • Prominent notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of subscription fees
  • Extended periods of inactivity

Upon termination:

  • Your right to use the Service immediately ceases
  • We may delete your account and content
  • Subscription fees already paid will not be refunded

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through:

  1. Good faith negotiation between the parties
  2. If negotiation fails, binding arbitration in Grand Rapids, Michigan

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dapper Chimp, LLC regarding the Service and supersede all prior agreements.

19. Contact Us

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

Dapper Chimp, LLC
2977 Manitou Dr Ne
Grand Rapids, MI 49525
Email: colton@dapperchimp.com

By using Togetherly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.