1. Introduction

Welcome to Harvest Dating, operated by Harvest Dating LLC (“Harvest,” “Company,” “we,” or “our”). By accessing or using our services on dateharvest.com (the “Website”), the Harvest Dating mobile application (the “App”), or any other platforms or services that we make available (collectively, the “Service”), you agree to these Terms of Service (“Terms”) and acknowledge that you have reviewed our Privacy Policy. These Terms apply whether or not you create an account or purchase a subscription. 

If you do not agree to be bound by these Terms, you may not access or use the Service.

2. Your Cancellation Rights for California Subscribers

You may cancel your subscription, without penalty or obligation, at any time before midnight of the third business day after the date you subscribed. 

If you subscribed through an external service such as Apple ID or Google Play (each a “Third-Party App Store”), you must cancel through your Third-Party App Store as described in Section 13. Refunds for subscriptions purchased through a Third-Party App Store must be requested from that provider.

All other users may request a refund by contacting Harvest Customer Service at support@dateharvest.com or by mailing or delivering a signed and dated notice stating that you, the buyer, are canceling this agreement, or words of similar effect. Please include your name and the email address, phone number, or other unique identifier associated with your account.

Cancellation notices may be sent to: Harvest Dating LLC, Attn: Cancellations, 14205 N Mo Pac Expy Ste 570 PMB 299665, Austin, TX, 78728-6529, US. You may also request a copy of these Terms by mailing a letter to: Terms Inquiries, 14205 N Mo Pac Expy Ste 570 PMB 299665, Austin, TX, 78728-6529, US.

California Civil Code §1789.3 Notice. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or by calling (800) 952 5210.

3. Important Arbitration Notice

PLEASE BE ADVISED: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS BETWEEN YOU AND THE COMPANY, INCLUDING THE DISPUTE AND ARBITRATION PROVISIONS IN SECTION 33 BELOW. THESE PROVISIONS REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

4. Eligibility

By accessing or using the Service, you represent and warrant that: 

  • You are at least eighteen (18) years old;

  • You are legally able to form a binding contract;

  • You are not prohibited from using the Service under the laws of the United States, the laws of the jurisdiction where you reside, or any other applicable law;

  • You are accessing the Service solely for personal use;

  • You have not committed, been convicted of, or pled no contest to any crime involving violence, threats of violence, or sexual misconduct; 

  • You have not previously been removed or banned from the Service.

If you no longer meet these requirements, your authorization to use the Service ends automatically. You must immediately delete your account, and we may remove your access without notice.

5. User Responsibilities

You are obligated to: 

  1. Comply with these Terms

  2. Review the Website or App for updates periodically

  3. Follow all applicable laws, including privacy, IP, and anti-spam laws

  4. Use the most current version of the Website or App

  5. Follow the Rules of Behavior, the Content requirements, the Prohibited Content policy, and the Community Standards, each of which may be updated from time to time

  6. Protect the security of your login credentials

Content Standards

This Section governs the content you may upload, share, transmit, or otherwise make available on the Service, including photos, videos, profile information, messages, audio, and any other materials (“Content”).

You are solely responsible for all Content you post or transmit and for ensuring that it complies with these Terms.

6.1 Lawful and Appropriate Content. You may use the Service only for lawful, personal, and appropriate purposes. You must not post or share Content that:

  • is illegal or promotes illegal activity

  • encourages harm, self-harm, violence, or unsafe behavior 

  • contains malware, viruses, or harmful code

    6.2 Sexual and Adult Content. You must not post or share Content that:

  • depicts, references, or involves anyone under eighteen

  • is pornographic or sexually explicit

  • contains sexualized nudity

  • includes another person’s intimate images without their consent

    6.3 Hateful, Abusive, or Violent Content. You must not post or share Content that:

  • is hateful, discriminatory, or abusive

  • degrades, dehumanizes, or targets protected characteristics

  • promotes violence against any individual or group

  • includes graphic violence, physical injury, blood, or disturbing imagery

    6.4 Misleading or Deceptive Content. You must not post or share Content that:

  • misrepresents your identity, age, appearance, or intentions

  • impersonates another person or entity

  • uses altered, stolen, AI-generated, or synthetic images, audio, or video in a manner intended to mislead or deceive other users

  • presents automated or algorithmic content without disclosure when such content may misrepresent your appearance, identity, or intentions

    6.5 Intellectual Property and Privacy. You must not post or share Content that:

  • infringes copyright, trademark, privacy, publicity, or other proprietary rights

  • uses another person’s photos, likeness, or personal information without permission, including confidential or sensitive information about another person without consent

    6.6 Commercial Content. You must not post or share Content that:

  • advertises or promotes products, services, or events

  • solicits money, gifts, or commercial transactions

  • directs users to third-party platforms or websites, unless expressly authorized by the Company in writing

    6.7 Enforcement. We may remove, restrict, or block Content that violates this Section and may suspend or terminate accounts in accordance with these Terms

7. Content Ownership & Use

This Section explains your responsibilities for the Content you share on the Service and the rights you grant us when you post it.

7.1 User Responsibility for Content. You are solely responsible for all Content you submit or make available through the Service and for ensuring that it complies with these Terms, the Rules of Behavior, the Prohibited Content Policy, and the Community Guidelines.

7.2 Ownership of Your Content. We do not own your Content. However, by posting Content on the Service, you grant the Company a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, use, reproduce, distribute, display, modify, and create derivative works from your Content for the purposes of operating, improving, and promoting the Service. This license lasts only for as long as your Content remains available on the Service.

7.3 Your Rights and Permissions. You represent and warrant that you own the Content you post or have obtained all necessary rights and permissions to use and share it. You are solely responsible for enforcing your rights in your Content. The Company is not responsible for resolving disputes between users involving ownership, copying, reuse, or misuse of Content.

7.4 No Reliance on User Content. We do not control all Content posted on the Service and do not guarantee its accuracy, integrity, or quality. You access all Content at your own risk. You may not rely on Content posted by other users, and we are not responsible for any loss or harm arising from such reliance.

7.5 Our Rights to Monitor and Remove Content. We may, but are not required to, review, monitor, edit, remove, or block Content that violates these Terms or is otherwise objectionable in our sole discretion. We may also preserve or disclose your Content or account information if required to do so by law, legal process, or government request, or if we believe such action is reasonably necessary to protect the rights, property, or safety of the Company, users, or the public.

8. Rules of Behavior

These Rules of Behavior set out the standards for how you must conduct yourself on the Service, including how you interact with others and how you use the platform. When using the Service, you agree to follow these rules.

8.1 Lawful and Appropriate Use

  • You may use the Service only for lawful, personal, and appropriate purposes

  • You must comply with these Terms and any policies we publish from time to time

  • You may not misuse the Service in a way that interferes with its intended purpose

    8.2 Respectful Conduct Toward Others

  • Do not harass, intimidate, threaten, abuse, or target any person or group

  • Do not engage in stalking, monitoring, or persistent unwanted contact

  • Respect other users’ boundaries and decisions to disengage

    8.3 Identity and Authenticity

  • Do not impersonate any individual or entity

  • Do not misrepresent your identity or age

  • Do not use another user’s account or login credentials

    8.4 Protection of Minors

  • Do not exploit, endanger, or attempt to interact with anyone under eighteen

  • Do not request personal information from minors

  • Do not use the Service in any manner that involves or targets minors

    8.5 Privacy and Personal Information

  • Do not collect, harvest, scrape, or store information about other users without their express consent

  • Do not attempt to access private communications or data belonging to others

    8.6 Platform Integrity and Security

  • Do not interfere with, disrupt, or attempt to negatively affect the Service, servers, or networks

  • Do not attempt to bypass or circumvent security or authentication measures

  • Do not use automated tools, bots, scripts, or similar technologies without our express written consent

  • Do not reverse engineer, decompile, or attempt to access the source code of the Service

    8.7 Compliance With Content Standards. You must comply with the Content Standards set forth in Section 6

    8.8 Enforcement. If you violate these Rules of Behavior, we may suspend or terminate your account or access to the Service in accordance with these Terms.

IF YOU VIOLATE THE RULES OF BEHAVIOR, THE COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE AND WITHOUT ANY REFUND, CREDIT, OR RIGHT OF APPEAL.

WHILE THE COMPANY PROHIBITS CONDUCT AND CONTENT THAT VIOLATE THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NONETHELESS BE EXPOSED TO SUCH CONDUCT OR CONTENT AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONDUCT, OR CONTENT OF OTHER USERS, EXCEPT AS EXPRESSLY STATED IN WRITING.

9. Community Standards

These Community Standards describe the values that support a safe, respectful, and positive experience on the Service. They are intended to guide user interactions and community expectations. 

9.1 Be Respectful. Treat other users with courtesy and consideration. Communicate thoughtfully, respect personal boundaries, and interact in a way that reflects maturity and good judgment.

9.2 Be Authentic. Present yourself honestly. Use real photos, accurate information, and be clear about your intentions when connecting with others. Authenticity helps build a trustworthy community.

9.3 Prioritize Safety. Use care when deciding what to share and when interacting with new people. Protect your personal information, meet others in safe environments if you choose to meet in person, and use in-app safety tools whenever needed.

9.4 Engage Responsibly. Contribute to a positive and healthy community experience. Keep conversations constructive, disengage respectfully if you are not interested, and behave in a way that encourages meaningful and safe connections.

9.5 Report Concerns. If you see behavior or content that appears unsafe, inappropriate, or inconsistent with these Standards or our Terms, please report it through the in-app reporting tools. Your reports help maintain a safe and supportive community.

10. AI Features and Transparency

10.1 General. The Service includes certain automated features powered by artificial intelligence (“AI Features”) designed to support matching, messaging, and user experience on the platform. AI Features may include, without limitation:

  • AI Match, which uses user selected traits, preferences, and activity signals to influence compatibility rankings, suggested matches, or Top Picks

  • The Gardener, an automated virtual dating coach that generates reflective prompts, conversation suggestions, or general guidance based solely on limited information you voluntarily choose to provide 

  • Mindful Messaging, which screens outgoing messages for harassment, threats, or explicit content and may pause or block flagged messages.

AI Features operate entirely through automated systems and are not human beings. The Gardener is not a licensed counselor, therapist, matchmaker, or professional advisor. The AI Features do not provide professional, therapeutic, legal, safety, or mental health advice.

10.2 AI Limitations. You acknowledge and agree that:

  • AI generated output may be inaccurate, incomplete, misleading, biased, or inappropriate

  • AI Features do not verify factual accuracy and may generate incorrect or incomplete suggestions

  • AI Features may fail to detect harmful, unsafe, deceptive, or prohibited behavior or content

  • You are solely responsible for evaluating, verifying, and relying on any AI generated information or suggestions

  • You must use your own independent judgment when interacting with other users or acting on AI generated insights

The Company is not liable for any actions, decisions, relationships, interactions, or outcomes arising from your use of or reliance on any AI Feature

10.3 Message Screening and Safety Limitations. Certain AI Features may be used to screen or assist with messaging. However, you acknowledge and agree that: 

  • some harmful, misleading, or prohibited content may still be sent or received

  • automated screening does not guarantee your safety or the behavior of other users

  • AI based tools are not a substitute for your own judgment, caution, or safety practices

  • you should use available reporting and blocking tools and exercise care when communicating with or meeting other users

    10.4 Transparency. You understand and agree that:

  • AI Match, The Gardener, and Mindful Messaging generate outputs automatically and are not operated or reviewed by humans in real time

  • you are interacting with automated systems and not with human advisors, matchmakers, or moderators

  • any personalization or recommendations are based solely on information, preferences, or context you choose to provide through the Service

  • the Company does not represent or warrant that AI generated outputs are reviewed, approved, or supervised by a human prior to delivery

  • AI chat sessions with The Gardener are temporary and handled in accordance with the Privacy Policy

    10.5 No Guarantee of Matches or Outcomes. You acknowledge and agree that:

  • the Service does not guarantee any match, compatibility, communication outcome, or relationship

  • AI Features may influence rankings, suggestions, or messaging support but do not ensure accuracy or success

  • individual experiences, interactions, and outcomes vary widely

  • the availability, functionality, accuracy, and performance of any AI Feature are not guaranteed

  • use of AI Features does not guarantee improved dating results, connections, or user experiences

To support certain AI Features, the Service uses third-party artificial intelligence tools and service providers. In connection with providing these features, limited user inputs, messages, preferences, or interaction context may be transmitted to such providers for processing to generate AI outputs on the Company’s behalf.

Depending on the third-party provider and the configuration in effect at the time of processing, such providers may retain and use submitted data to improve, train, or develop their AI models, subject to their own terms, data usage policies, and privacy practices. The Company does not control how third-party AI providers use data once received.

The Company takes reasonable steps to minimize the personal information included in AI-related inputs and does not intentionally submit sensitive personal information for AI model training. Where available, the Company configures third-party AI tools to limit or opt out of data use for training purposes; however, such controls may not be available for all providers or processing scenarios.

By using AI Features, you acknowledge the processing of your inputs by third-party AI providers as described above.

THE AI FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE SUBJECT TO THE DISCLAIMER OF WARRANTIES, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THESE TERMS.

11. User Disputes and Blocking

11.1 User Interactions. You are solely responsible for your interactions and communications with other users of the Service, whether online or offline. The Company does not conduct background checks or screen users, and does not guarantee the identity, intentions, conduct, or compatibility of any user.

11.2 User Disputes. The Company is not responsible for the actions, conduct, or content of any user. You agree that the Company is not liable for any loss, damage, claim, injury, or dispute arising out of or relating to your interactions with other users. You agree to resolve any disputes directly with the other user(s) involved.

11.3 Reporting and Blocking. You may block or report another user at any time using the tools provided in the Service. Blocking a user prevents them from contacting you through the Service. Reporting a user alerts us to potential violations of these Terms, and we may review reported content or behavior at our discretion.

11.4 No Obligation to Intervene. While we encourage you to report inappropriate or unsafe behavior, we are not obligated to intervene, mediate, or resolve disputes between users. Any action we may take in response to a report—including content review, warnings, account restrictions, or termination—is at our sole discretion.

11.5 Caution When Interacting with Others. You should exercise caution when interacting with other users, and you are responsible for your personal safety and decisions when communicating, exchanging information, or meeting in person.

12. No Guarantee of Matches or Outcomes

The Company does not guarantee that you will find a match, form a connection, communicate with any particular user, go on a date, or achieve any specific relationship outcome through the Service. You acknowledge that the number of matches, likes, messages, or interactions you may receive will vary, and the Company makes no representations regarding any expected activity level. Your interactions and communications with other users are entirely voluntary and at your sole risk.

13. Subscriptions, Billing, and Payments

13.1 Subscription Plans. Certain features of the Service are available only through a paid subscription. When you purchase a subscription, you agree to the pricing, duration, and features presented to you at the time of purchase. Subscription pricing is shown in the Website and the App at the time of purchase and may vary by region or platform. 

13.2 Auto-Renewal. Subscriptions automatically renew at the end of each subscription period unless canceled before renewal. You authorize the applicable platform or the Company to charge your payment method for each renewal term, including any taxes.

13.3 External Services (Apple and Google Play). If you purchase a subscription through an external platform such as Apple’s App Store or Google Play (each an “External Service”), your purchase and billing relationship is with that External Service, not the Company.

  • You must manage or cancel your subscription directly through your External Service account

  • Refunds for purchases made through Apple must be requested from Apple

  • Refunds for purchases made through Google Play must be requested from Google

The Company cannot process, manage, or cancel subscriptions purchased through External Services.

13.4 Billing Through Company. If you purchase a subscription directly through the Company, you authorize the Company to charge the payment method you provide. You agree to maintain accurate, complete, and up-to-date billing information. If payment cannot be processed, we may suspend or terminate access to subscription features until payment is successfully received.

13.5 Refunds. Except where required by law or as otherwise described in these Terms, all payments are non-refundable and all sales are final.

  • California subscribers have cooling-off rights as described in Section 2

  • Users who purchased through an External Service must request refunds from that External Service

    13.6 Pricing and Changes to Subscription Features. We may modify subscription pricing or the features included in any subscription plan at any time. Any pricing change will take effect at the start of your next subscription period. We will provide advance notice of changes when required by law.

    13.7 Free Trials and Promotional Offers. We may offer free trials, discounted introductory periods, or promotional offers. If you do not cancel before the end of the trial or promotional period, your subscription will automatically convert to a paid plan, and your payment method will be charged the applicable subscription price.

    13.8 Taxes. Subscription fees may include applicable taxes, including sales tax, VAT, GST, or other government-imposed charges. These amounts may vary based on your location.

    13.9 No Guarantees of Availability. Subscription access, prices, and features may vary by region and are subject to change. We do not guarantee that any specific subscription feature will remain available at all times.

    14. Cancellation Policy

    14.1 Cancellation at Any Time. All subscribers may cancel their subscription at any time. Cancellation stops future charges but does not entitle you to a refund for amounts already paid, except where required by law or where specific state-level refund rights apply. 

    14.2 How to Cancel.

  • If purchased through Apple or Google Play, you must cancel through your External Service account settings.

  • If purchased through the Website or App, you may cancel through your account settings or by contacting Customer Support.

    14.4 Effect of Cancellation. Your cancellation will take effect at the end of your current billing cycle. You will retain access to subscription features until your paid period expires.

    14.5 Refunds (General Rule). Except where required by law, all purchases are final and nonrefundable, and the Company does not provide refunds or credits for partially used billing periods.

    14.6 Cooling-Off Period for Certain U.S. States. Subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin may cancel their subscription, without penalty or obligation, at any time before midnight of the third business day after the date of purchase.

California subscribers also have the cancellation rights described in Section 2.

14.7 Death or Disability. If you die before the end of your subscription period, your estate is entitled to a refund of the portion of any payment allocable to the period after your death. If you become disabled before the end of your subscription period (such that you are unable to use the Service), you are entitled to a refund of the portion of any payment allocable to the period after your disability, upon providing notice to the Company in the same manner as a refund request.

14.8 Refunds for Purchases Through Apple or Google Play (External Services).

If you subscribed using Apple ID or Google Play, refund requests must be submitted to that provider. The Company cannot process, manage, or issue refunds for purchases made through third-party app stores.

Examples:

  • Apple refund requests must be submitted through Apple’s refund tools or Apple Support

  • Google Play refund requests must be submitted directly through Google

  1. Refunds for Direct Purchases (Website or App). If you purchased your subscription directly through the Website or App and are eligible for a refund under applicable law or the cooling-off period, you must submit a signed and dated written notice stating that you are canceling the agreement, or words of similar effect. Your notice must include: your full name; the email address or phone number associated with your account; and your order number.

Send the written notice to:

Harvest Dating LLC

Attn: Cancellations

14205 N Mo Pac Expy Ste 570 PMB 299665

Austin, TX, 78728-6529

14.9 No Refund After Access. Except as required by law, subscription fees are non-refundable once access to premium features has been provided.

14.10 California Cooling-Off Period (California Residents Only). California subscribers have cancellation rights as described in Section 2. External Service purchases must be refunded through Apple or Google, as applicable.

15. Account Suspension and Termination

15.1 Termination by You. You may delete your account at any time using the tools provided in the Website or App. Deleting your account will not cancel your subscription; you must cancel your subscription separately as described in Section 16.

15.2 Termination by the Company. We may suspend or terminate your account, or restrict access to any part of the Service, at any time if we determine that you have violated these Terms, including the Rules of Behavior, Prohibited Content policy, or Community Standards, or if we believe such action is necessary to protect the Service or its users.

15.3 Effect of Suspension or Termination. If your account is suspended or terminated, your right to use the Service ends immediately. We may delete your profile, Content, messages, and other information associated with your account without obligation to provide copies or backups.

15.4 No Restoration Guarantee. We are not obligated to reinstate any account that has been suspended or terminated. If reinstatement is permitted at our discretion, conditions or limitations may apply.

16. Links

The Service may include links to third-party websites or services not controlled by the Company. These links are provided for convenience only and do not imply endorsement. The Company is not responsible or liable for third-party content, services, or materials, and your use of any third-party site is at your own risk and subject to that party’s terms and privacy policies. If we request removal of any link you have posted, you must remove it within twenty-four (24) hours, or we may remove it without further notice.

17. Third-Party Services

The Service may integrate with, use, or provide access to third-party services, products, software, or tools (“Third-Party Services”), including payment processors, authentication services, analytics providers, hosting platforms, and other applications. Third-Party Services are provided by independent entities and are not controlled, operated, or endorsed by the Company unless expressly stated.

Your use of any Third-Party Service is governed by that third party’s terms and privacy policies, not by these Terms. We are not responsible for the actions, content, accuracy, security practices, data handling, availability, or performance of any Third-Party Service, and we make no representations or warranties regarding them.

You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage, loss, claim, or harm arising out of or relating to:

  • your use of any Third-Party Service;

  • your reliance on any information, materials, or functionality provided by a Third-Party Service; or

  • any failure, error, interruption, or security issue associated with a Third-Party Service.

If the Company chooses to enable, modify, restrict, or discontinue access to any Third-Party Service, we may do so at any time without notice. Your continued use of the Service does not guarantee continued access to any specific Third-Party Service.

You may not use, access, develop, or distribute any third-party tools, scripts, software, applications, artificial intelligence systems, machine-learning models, or services that interact with, access, modify, or collect data from the Service without our express prior written consent.

18. Privacy Policy and Your Personal Information

Your personal information and other data you provide when accessing or using the Services are processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

You should not share any personally identifying information about yourself, your children, or any other person through the Service. The Company will handle any personally identifying information you submit in accordance with the Privacy Policy.

By using the Service, you acknowledge that you have reviewed the Privacy Policy and understand how your information is collected, used, processed, and shared as described in that Policy. 

19. International Use and Data Transfers (or “Use Outside the United States”)

The Service is operated from the United States, and your information may be processed or stored in the United States or other locations outside your state or country of residence. These locations may have data protection laws that differ from those in your jurisdiction. If you access the Service from outside the United States, you do so on your own initiative and are responsible for complying with all local laws. By using the Service, you acknowledge that your personal information may be transferred to, stored in, and processed in the United States as described in the Privacy Policy. 

20. Proprietary Rights; Trademarks and Copyrights

The Service, the Software, and all content, features, and materials provided through the Service are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted to you under these Terms, no rights or licenses are transferred to you, and all rights not expressly granted are reserved by the Company.

You may not copy, modify, adapt, translate, create derivative works from, distribute, license, sell, or otherwise exploit any part of the Service or the Software without the Company’s prior written consent. All trademarks, service marks, logos, and other proprietary marks displayed in the Service are the property of the Company or its licensors. You may not use or display any of these marks without prior written permission.

Any content or materials provided by advertisers or third parties within the Service are also protected by intellectual property and proprietary rights. You may not use such materials without the express permission of the rights holder. 

21. Feedback and Suggestions

If you provide the Company with any ideas, suggestions, feedback, proposals, or other comments relating to the Service (“Feedback”), you acknowledge and agree that the Company may use, copy, modify, distribute, adapt, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.

You understand that the Company has no obligation to keep Feedback confidential, to consider or implement any Feedback, or to return any materials submitted.

22. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, distribute, license, or otherwise exploit any portion of the Service, or any content, information, or materials made available through the Service that you do not own, for any commercial or other purpose without the Company’s express prior written consent in each instance.

23. Modification and Termination of the Service

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for the consequences of any modification, suspension, or discontinuance of the Service.  

24. Service Usage and Storage

You acknowledge that the Company may establish general practices and limits regarding the use of the Service, including limits on storage, features, or usage frequency. You agree that the Company has no responsibility or liability for the loss, deletion, or failure to store or transmit any content, messages, or data maintained or transmitted by the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time. 

25. Disclaimer of Warranties.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY INFORMATION OR RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) THE SERVICE, WEBSITE, APP, SERVERS, OR SOFTWARE WILL BE FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH ISSUES WILL BE CORRECTED.

THE SERVICE IS PROVIDED “AS IS,” AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, THE COMPANY PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

No advice or information, whether oral or written, obtained by you from the Company or through the Service shall create any warranty not expressly stated in these Terms.

26. Digital Millennium Copyright Act (DMCA)

We take copyright protection seriously and strive to address alleged infringement promptly and effectively.

If you believe that any content on the Service infringes your intellectual property rights, you may submit a notification of claimed infringement (“DMCA Takedown Notice”) under the Digital Millennium Copyright Act (“DMCA”). Your notice must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list of such works;

  • Identification of the material that is claimed to be infringing or the subject of infringing activity, with information reasonably sufficient for us to locate the material;

  • Information reasonably sufficient to allow us to contact you, such as your name, mailing address, telephone number, and email address;

  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA notices should be sent to:

Copyright Compliance
Attn: Legal Notices

support@dateharvest.com

14205 N Mo Pac Expy Ste 570 PMB 299665

Austin, TX, 78728-6529, US

We will respond to valid DMCA Takedown Notices in accordance with the DMCA, including removing or disabling access to the allegedly infringing material when appropriate. We may terminate accounts of users who are repeat infringers.

27. Indemnity

You agree to indemnify, defend, and hold the Company, its subsidiaries, affiliates, officers, directors, agents, partners, contractors, and employees harmless from any and all losses, costs, injuries, liabilities, claims, damages, or demands of any kind (including reasonable attorneys’ fees and related costs) arising out of or relating to your use of the Service in violation of these Terms, your violation of any applicable law, rule, or regulation, or your violation of any rights of another person or entity.

28. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ADVERTISERS), THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), WHICH YOU ACKNOWLEDGE TO BE A FAIR AND REASONABLE LIMITATION IN THE EVENT OF ANY LOSS OR CLAIM OF ANY KIND.

29. Disclosures Required by Law

The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Company may fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting content or making available materials believed to violate the Terms.

The Company will use reasonable efforts to notify you if permitted and feasible, but is not obligated to do so and will not be liable for any failure to provide notice.

BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

30. Governing Law 

This Agreement and your use of the Service are governed by the laws of the State of Texas, without regard to its conflicts of law principles. You agree that any claim or dispute that is not subject to arbitration must be resolved exclusively in the state or federal courts located in Nueces County, Texas, and you consent to personal jurisdiction in those courts.

31. Dispute and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert qualifying claims in small claims court. This arbitration agreement applies to you and the Company, and to your and our respective successors and permitted assigns.

The arbitration will be conducted by a single arbitrator through the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English and will take place in the county where you reside unless you and the Company agree otherwise.

The arbitrator has the authority to resolve all issues related to the dispute, including issues of arbitrability. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and the Company agree that discovery will be limited to the extent permitted under the applicable rules and the arbitrator’s discretion.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in court to protect its rights or interests pending completion of arbitration.

YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT IS FOREVER BARRED.

32. Class Action Waiver. 

To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

If any portion of this Class Action Waiver is found unenforceable, the entire Arbitration Agreement will be unenforceable.

33. Miscellaneous Terms

33.1 Notice. We may send you notices or communications about the Service by email, in-app messages, push notifications, or by posting them on the Website or App.

Notices to the Company must be sent by email to support@dateharvest.com or by mail to:

Harvest Dating LLC
Attn: Legal Notices
14205 N Mo Pac Expy Ste 570 PMB 299665

Austin, TX, 78728-6529

You are responsible for keeping your email address and contact information up to date to ensure you receive notices from us.

33.2 Entire Agreement. These Terms govern your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Service. You may also be subject to additional terms, policies (including the Privacy Policy), guidelines, or rules that apply when you use certain features of the Service or third-party services, content, or software. 

33.3 Survival. The following provisions will survive the termination, expiration, or suspension of your account or access to the Service, regardless of the reason for termination: Eligibility; User Responsibilities; Rules of Behavior; Content; Prohibited Content; Community Standards; Enforcement; User Disputes and Blocking; Subscriptions, Billing, and Payments; Cancellation Policy; Account Suspension and Termination; Third-Party Services; Privacy Policy and Your Personal Information; Proprietary Rights and Intellectual Property; Feedback and Suggestions; No Resale of Service; Modification and Termination of the Service; Practices Regarding Use and Storage; Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute and Arbitration; Assignment; Notices; Miscellaneous Terms; and any other provisions that by their nature should survive.

33.4 Changes to the Terms. The Company may revise these Terms from time to time by posting an updated version on the Website or in the App. You should review the Terms periodically to check for changes. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

33.5 Assignment. You may not assign, transfer, or delegate any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations under these Terms, in whole or in part, at any time without notice to you. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

33.6 Force Majeure. The Company will not be responsible or liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure results from events or circumstances beyond the Company’s reasonable control. These events include natural disasters, acts of God, labor disputes, labor shortages, supply chain interruptions, utility or power failures, internet or telecommunications outages, government actions, public health emergencies, wars, civil disturbances, and similar events. The Company’s performance will be excused for the duration of the force majeure event.

33.7 No Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of these Terms by the Company must be in writing and signed by an authorized representative of the Company to be effective.

33.8 Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

33.9 Titles. Section titles in these Terms are for convenience only and have no legal or contractual effect.

33.10 Independent Contractor. Nothing in these Terms will be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. Neither party has authority to bind the other in any respect, and each party remains an independent contractor responsible for its own acts and omissions.

33.11 Contact.
Please report any violations of these Terms or direct any questions about the Service to the Company at: support@dateharvest.com.