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Privacy Policy

Effective Date: January 6, 2026
Last Updated: January 6, 2026IntroductionDateSmarter ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you join our waitlist and use our services.This policy applies to all users of our website, mobile application, and services, regardless of location.We comply with:
◦ New Zealand Privacy Act 2020
◦ EU General Data Protection Regulation (GDPR)
◦ UK GDPR
◦ Australian Privacy Principles (APPs)Please read this Privacy Policy carefully. By joining our waitlist or using DateSmarter, you agree to the collection and use of information in accordance with this policy.1. Information We CollectWe collect information that you provide directly to us, including:Account Information:
◦ Email address
◦ Name (optional)
◦ Date of birth (to verify age 18+)
◦ Gender and sexual orientation (for matching)
◦ Profile information you choose to provide
◦ Photos and media you upload
◦ Payment information (when purchasing premium features)Usage Information:When you use DateSmarter, we may collect:
◦ Device information (device type, operating system, device ID)
◦ Log data (IP address, browser type, pages visited, time spent)
◦ Location data (city-level, with your permission)
◦ App interaction data (features used, preferences set)
◦ Network informationConversation Data (When App Launches):
◦ Conversations within DateSmarter app
◦ Profile information from your matches (to provide personalized suggestions)
◦ Your feedback and interactions with our AI coaching features
◦ Message timestamps and read receiptsMatch and Interaction Data:
◦ Profiles you view, like, or skip
◦ Matches you make
◦ Interactions with other usersCollection Methods:We collect information:
◦ Directly from you (when you register, update profile, or use features)
◦ Automatically (through cookies and tracking technologies)
◦ From third parties (authentication providers like Google/Apple Sign-In)
◦ From public sources (if you link social media accounts)2. How We Use Your InformationWe use the information we collect for the following purposes:Service Provision (Legal Basis: Contract Performance):
◦ Provide, maintain, and improve DateSmarter
◦ Create and manage your account
◦ Enable matching and connections with other users
◦ Facilitate messaging and interactions
◦ Process payments and subscriptionsAI Coaching (Legal Basis: Contract Performance):
◦ Analyze your conversations to provide context-aware suggestions
◦ Generate personalized conversation starters based on match profiles
◦ Detect conversation stage and sentiment
◦ Provide real-time support and guidanceCommunication (Legal Basis: Contract Performance & Consent):
◦ Send you updates about our launch and early access opportunities
◦ Communicate with you about features, updates, and support
◦ Respond to your inquiries
◦ Send marketing communications (with your consent)Analytics and Improvement (Legal Basis: Legitimate Interests):
◦ Analyze usage patterns to improve our service
◦ Improve our AI models (using anonymized data only)
◦ Conduct research and development
◦ Test new featuresSafety and Security (Legal Basis: Legitimate Interests & Legal Obligation):
◦ Prevent fraud and ensure platform security
◦ Detect and prevent abuse, harassment, or violations of our Terms
◦ Verify user identity and age
◦ Investigate suspicious activityLegal Compliance (Legal Basis: Legal Obligation):
◦ Comply with legal obligations
◦ Respond to legal requests from authorities
◦ Enforce our Terms of Service
◦ Protect our legal rights3. Legal Basis for ProcessingWe process your personal information based on the following legal grounds:Contract Performance:Processing necessary to provide DateSmarter services you've signed up for.Examples:
◦ Creating your profile
◦ Matching you with others
◦ Providing AI coaching
◦ Processing paymentsLegitimate Interests:Processing necessary for our legitimate business interests, which include:
◦ Improving our AI and services
◦ Analyzing usage patterns
◦ Preventing fraud and abuse
◦ Conducting research and developmentYour rights: You can object to this processing at any time by emailing [email protected]Consent:We only process certain data with your explicit consent:
◦ Marketing communications
◦ Optional location data (precise location)
◦ Optional data sharing for researchYou can withdraw consent anytime by:
◦ Unsubscribing from emails
◦ Adjusting app settings
◦ Contacting [email protected]Legal Obligation:Processing required by law, such as:
◦ Responding to legal requests
◦ Tax and financial compliance
◦ Age verification (to comply with laws protecting minors)Vital Interests:In rare cases, to protect someone's life or safety.For EU Users: Under GDPR Article 6, you have the right to know the legal basis for processing your data. Contact us at [email protected] for specific questions about how we process your information.4. How We Share Your InformationWe do not sell your personal information.We may share your information in the following circumstances:Service Providers:We work with third-party service providers who help us operate DateSmarter:
◦ Cloud hosting: Amazon Web Services (AWS) - US
◦ Email service providers: For sending notifications and updates
◦ Analytics providers: For usage analytics and insights
◦ AI/ML service providers: Anthropic/Claude - US (for AI coaching)
◦ Payment processors: For handling subscriptions and payments
◦ Customer support tools: For managing support inquiriesThese providers are contractually obligated to:
◦ Protect your information
◦ Use it only for the services they provide to us
◦ Comply with applicable privacy laws
◦ Not sell or share your data with othersBusiness Transfers:If DateSmarter is acquired or merged with another company, your information may be transferred as part of that transaction. We will notify you before your information is transferred and becomes subject to a different privacy policy.Legal Requirements:We may disclose your information if required by law or in response to:
◦ Valid legal requests (court orders, subpoenas)
◦ Requests from law enforcement or government authorities
◦ Legal processes or investigations
◦ Protection of our legal rights or propertySafety and Protection:We may share information to:
◦ Prevent fraud or criminal activity
◦ Protect the safety of our users or the public
◦ Investigate violations of our Terms of Service
◦ Respond to emergenciesWith Your Consent:We may share information for other purposes with your explicit consent.Categories of Recipients:
◦ Cloud service providers (AWS)
◦ AI service providers (Anthropic)
◦ Payment processors
◦ Email service providers
◦ Analytics providers
◦ Legal and professional advisors
◦ Law enforcement and regulatory bodies (when required)5. Your Conversation Data & AI CoachingHow AI Works in DateSmarter:Real-Time Processing:
◦ Our AI analyzes your conversations to provide coaching suggestions
◦ Uses Amazon Bedrock with Claude AI for natural language processing
◦ Conversation data is encrypted in transit (TLS/SSL) and at rest (AES-256)What the AI Does:
◦ Analyzes conversation context and tone
◦ Generates personalized suggestions based on your style and their profile
◦ Detects conversation stage (opening, building rapport, planning dates)
◦ Provides sentiment analysis to help you gauge interest
◦ Learns from your preferences over timeWhat the AI Does NOT Do:
◦ Send messages on your behalf
◦ Make decisions for you
◦ Share your conversations with other users
◦ Use your data to train public AI modelsAutomated Decision-Making:Important: Our AI provides SUGGESTIONS, not decisions.◦ You always choose whether to use AI suggestions
◦ You always write and send your own messages
◦ The AI does not make decisions that significantly affect you without human involvement
◦ No purely automated decisions are made about you
◦ You can request human review of AI suggestions by contacting supportYour Control:You Choose:
◦ Which conversations to share with our AI
◦ Whether to use AI suggestions
◦ When to request AI helpYou Can:
◦ Delete your conversation history anytime
◦ Delete individual conversations
◦ Opt out of AI model improvement (anonymized data)
◦ Export your data anytime
◦ Request deletion of all your dataData Use for Improvement:
◦ We may use anonymized conversation data to improve AI models
◦ Your actual conversations are NEVER shared with other users
◦ Anonymization removes all identifying information before use
◦ You can opt out of this by emailing [email protected]Your Rights Regarding AI:Right to Explanation:
◦ Ask how the AI generated specific suggestions
◦ Understand the logic behind AI outputsRight to Human Intervention:
◦ Request human review of AI outputs
◦ Speak with support about AI behaviorRight to Contest:
◦ Object to AI processing of your data
◦ Opt out of AI features entirelyRight to Opt-Out:
◦ Disable AI coaching in app settings
◦ Use DateSmarter without AI assistanceContact [email protected] to exercise these rights.6. Data SecurityWe implement industry-standard security measures to protect your information:Technical Safeguards:
◦ Enterprise-grade encryption (AES-256) for data at rest
◦ Secure data transmission (TLS 1.3/SSL) for data in transit
◦ Regular security audits and penetration testing
◦ Access controls and authentication (multi-factor authentication for staff)
◦ Secure cloud infrastructure (AWS)
◦ Database encryption
◦ Encrypted backupsOrganizational Safeguards:
◦ Staff training on data protection
◦ Background checks for employees with data access
◦ Strict access controls (need-to-know basis)
◦ Incident response procedures
◦ Regular security reviews
◦ Third-party security assessmentsPhysical Safeguards:
◦ Secure data centers (AWS facilities)
◦ Physical access controls
◦ Environmental protectionsLimitations:However, no method of transmission over the internet is 100% secure. While we strive to protect your information using commercially acceptable means, we cannot guarantee absolute security.Your Responsibility:
◦ Keep your password secure
◦ Enable two-factor authentication
◦ Log out from shared devices
◦ Report suspicious activity immediately7. Data RetentionWe retain your information only as long as necessary for the purposes collected and as required by law.Specific Retention Periods:Waitlist Data:
◦ Until you unsubscribe or request deletion
◦ Maximum: 2 years after last interactionAccount Data:
◦ Until you delete your account
◦ Maximum: 6 months after account inactivity (we'll notify you before deletion)Conversation Data:
◦ Until you delete it or close your account
◦ You can delete individual conversations or all conversation history anytime
◦ Deleted conversations are permanently removed within 30 daysMatch and Profile Data:
◦ Until you delete your account
◦ We may retain anonymized match statistics for analytics (no personally identifiable information)Payment and Transaction Data:
◦ Retained as required by law: 7 years for financial records
◦ Payment card details are not stored (handled by payment processor)Analytics Data:
◦ Anonymized and retained for 3 years maximum
◦ Used only for service improvement
◦ No personally identifiable information retainedLegal/Compliance Data:
◦ Retained as required by law
◦ Financial records: 7 years
◦ Legal correspondence: As needed for legal purposesDeletion Criteria:We delete data when:
◦ You request deletion
◦ The purpose for collection no longer applies
◦ Legal retention period expires
◦ Account is inactive for 6+ months (after notification)
◦ Service is terminatedBackup Data:Deleted data may remain in backups for up to 90 days before permanent deletion from all systems.Anonymized Data:We may retain anonymized data indefinitely for analytics and research. This data cannot be used to identify you.To Request Deletion:Email [email protected]We will confirm deletion within 30 days and delete data within 90 days (or as required by law).8. Data Breach NotificationIn the unlikely event of a data breach that poses a risk to your rights and privacy, we will:Within 72 Hours:
◦ Notify relevant authorities:
- New Zealand Privacy Commissioner
- EU supervisory authorities (if EU users affected)
- Australian Information Commissioner (if AU users affected)
◦ Assess the nature and severity of the breach
◦ Begin remediation effortsNotification to You:If the breach poses a high risk to your personal information, we will notify you directly via:
◦ Email to your registered address
◦ In-app notification
◦ Notice on our websiteWe will notify you without undue delay and within 72 hours of discovering the breach (if feasible).What We'll Tell You:
◦ Nature of the breach (what happened)
◦ What data was affected
◦ When the breach occurred
◦ Steps we're taking to address it
◦ Steps you can take to protect yourself
◦ Contact information for questions
◦ Your rights regarding the breachWhat We Do:
◦ Contain and remediate the breach
◦ Investigate the cause
◦ Implement measures to prevent recurrence
◦ Cooperate with authorities
◦ Document the incidentYour Rights:Under the New Zealand Privacy Act 2020, GDPR, and Australian Privacy Act, you have the right to:
◦ Be informed of breaches affecting your personal information
◦ Receive clear information about the breach
◦ Seek compensation for damages (where applicable)
◦ Lodge a complaint with authoritiesContact [email protected] with any questions about data security or breaches.9. Your Rights & ChoicesYou have the following rights regarding your personal information:Access:
◦ Request a copy of your personal data
◦ Receive your data in a structured, commonly used formatCorrection:
◦ Update or correct your information
◦ Ensure your data is accurate and completeDeletion (Right to be Forgotten):
◦ Request deletion of your data
◦ We will delete unless legally required to retainOpt-Out:
◦ Unsubscribe from marketing emails
◦ Opt out of data collection for analytics
◦ Opt out of AI model improvementData Portability:
◦ Request your data in a portable format (JSON, CSV)
◦ Transfer your data to another serviceObject:
◦ Object to certain processing of your data
◦ Object to processing based on legitimate interests
◦ Object to direct marketingRestrict Processing:
◦ Request we limit how we use your data
◦ Temporarily suspend processing while we review your requestWithdraw Consent:
◦ Withdraw consent for processing at any time
◦ Does not affect lawfulness of processing before withdrawalHow to Exercise Your Rights:Email: [email protected]In-App: Settings → Privacy → Data RightsInclude in Your Request:
◦ Your name and email address
◦ The right you wish to exercise
◦ Any specific information about your requestResponse Times:
◦ New Zealand: 20 working days (extendable to 20 more days if complex)
◦ EU/UK: 1 month (extendable to 3 months if complex)
◦ Australia: 30 daysWe will confirm receipt of your request within 5 business days.New Zealand Privacy Rights:Under the Privacy Act 2020, you have the right to:
◦ Access your personal information
◦ Request correction of inaccurate information
◦ Complain to the Privacy Commissioner if your rights are violatedNew Zealand Privacy Commissioner:
◦ Website: www.privacy.org.nz
◦ Phone: 0800 803 909
◦ Email: [email protected]Contact our Privacy Officer at [email protected]

EU/UK Privacy Rights (GDPR):Under GDPR, you have the right to:
◦ Lodge a complaint with your local supervisory authority
◦ Request restriction of processing
◦ Object to processing based on legitimate interests
◦ Not be subject to automated decision-making (including profiling)To Find Your EU Supervisory Authority:
https://edpb.europa.eu/about-edpb/board/membersenUK Information Commissioner's Office:
◦ Website: www.ico.org.uk
◦ Phone: 0303 123 1113Australian Privacy Rights:Under the Australian Privacy Principles, you have the right to:
◦ Access your personal information
◦ Request correction of inaccurate information
◦ Complain to the OAIC if your rights are violatedOffice of the Australian Information Commissioner (OAIC):
◦ Website: www.oaic.gov.au
◦ Phone: 1300 363 992Grounds for Refusal:We may refuse your request if:
◦ Legally obligated to retain data
◦ Processing is necessary for legal claims
◦ Request is manifestly unfounded or excessive
◦ Request would adversely affect others' rightsIf we refuse, we will explain why and inform you of your right to complain to a supervisory authority.10. International Data TransfersYour information may be transferred to and processed in countries other than your country of residence, including:Primary Locations:
◦ New Zealand: Our primary operations and legal entity
◦ United States: AWS cloud servers, Anthropic AI services
◦ Other countries: Where our service providers operateHow We Protect Your Data Internationally:For EU/UK Users:We ensure adequate protection for transfers outside the EU/UK through:
◦ Standard Contractual Clauses (SCCs): Approved by the European Commission
◦ Adequacy Decisions: Where the European Commission has determined a country provides adequate protection
◦ Supplementary Measures: Additional safeguards as required by Schrems IIFor New Zealand Users:Under Privacy Act 2020 Principle 12, we ensure:
◦ Overseas recipients are subject to privacy laws substantially similar to NZ law, OR
◦ We require recipients to protect your information to a comparable standard through contractual obligationsFor Australian Users:Under APP 8, we ensure:
◦ Reasonable steps are taken to ensure overseas recipients comply with Australian Privacy Principles
◦ Contractual obligations requiring protection of your informationCountries We Transfer To:
◦ United States: AWS (cloud hosting), Anthropic (AI services)
◦ New Zealand: Primary operations
◦ Other countries as needed for service providers (will be updated on our website)Safeguards in Place:Contractual Protections:
◦ Standard Contractual Clauses (EU-approved)
◦ Data Processing Agreements with all processors
◦ Confidentiality obligations
◦ Security requirementsTechnical Protections:
◦ Encryption in transit and at rest
◦ Secure data transmission protocols
◦ Access controlsOrganizational Protections:
◦ Privacy by Design principles
◦ Regular audits of processors
◦ Incident response proceduresYour Rights Regarding Transfers:You can request:
◦ Details about the safeguards we use for international transfers
◦ Copies of Standard Contractual Clauses
◦ Information about specific countries where your data is processed
◦ To object to specific transfers (where legally permitted)Contact: [email protected]US Privacy Shield:While the EU-US Privacy Shield framework was invalidated, we rely on Standard Contractual Clauses and supplementary measures to protect data transferred to the US.11. Children's PrivacyDateSmarter is not intended for users under 18 years of age.We do not knowingly collect personal information from children under 18.If we learn we have collected information from a child under 18, we will:
◦ Delete it immediately
◦ Notify the parent/guardian (if contact information is available)
◦ Terminate the accountFor EU Users:Under GDPR Article 8, users must be at least 16 years old (or the age set by their Member State, not below 13). We do not offer services to users below the legal age in their jurisdiction.Age Verification:We verify age through:
◦ Date of birth collection during registration
◦ Algorithmic checks of profile information
◦ User reports of underage usersIf You Believe a Child Is Using DateSmarter:Report it immediately to [email protected] with:
◦ Username or profile information
◦ Reason you believe they are underageWe will investigate and take action within 24 hours.Parents/Guardians:If you believe your child has provided us with personal information, contact us immediately at [email protected]. We will delete it promptly.12. Cookies & Tracking TechnologiesWe use cookies and similar technologies to enhance your experience on DateSmarter.What Are Cookies?Cookies are small text files stored on your device that help websites remember information about your visit.Types of Cookies We Use:Essential Cookies (Always Active):
◦ Required for basic site functionality
◦ Cannot be disabled without affecting service
◦ Examples:
- Authentication cookies (keep you logged in)
- Security cookies (protect against attacks)
- Session managementAnalytics Cookies (Optional):
◦ Help us understand user behavior
◦ Examples:
- Google Analytics (usage tracking)
- Internal analytics (feature usage)
- Performance monitoringPreference Cookies (Optional):
◦ Remember your settings and preferences
◦ Examples:
- Language preference
- Theme selection (light/dark mode)
- Notification preferencesMarketing Cookies (Optional - Not Currently Used):
◦ We do not currently use marketing/advertising cookies
◦ If implemented in future, we will update this policy and obtain consentYour Cookie Controls:For All Users:Browser Settings:
◦ Control cookies through your browser settings
◦ Most browsers allow you to:
- Block all cookies
- Block third-party cookies
- Delete cookies after each session
- Receive warnings before cookies are storedHow to Disable Cookies:
◦ Chrome: Settings → Privacy → Cookies
◦ Firefox: Settings → Privacy → Cookies
◦ Safari: Preferences → Privacy → Cookies
◦ Edge: Settings → Privacy → CookiesConsequences:Disabling cookies may limit some features of DateSmarter, such as:
◦ Staying logged in
◦ Remembering preferences
◦ Analytics functionalityFor EU/UK Users:We comply with the ePrivacy Directive:
◦ You will see a cookie banner on first visit
◦ You can accept or reject non-essential cookies
◦ Essential cookies are enabled by default
◦ You can change your preferences anytimeCookie Settings:Available in app: Settings → Privacy → Cookie Preferences
Available on website: Cookie banner or footer linkOther Tracking Technologies:Web Beacons (Pixels):
◦ Small transparent images used in emails
◦ Help us understand email engagement
◦ Can be disabled in email settingsLocal Storage:
◦ Similar to cookies but stores more data
◦ Used for app functionality
◦ Can be cleared through browser settingsDevice Identifiers:
◦ Unique IDs assigned to mobile devices
◦ Used for analytics and authentication
◦ Can be reset in device settings (iOS: Reset Advertising ID, Android: Reset Advertising ID)Third-Party Tracking:We use:
◦ Google Analytics: For usage analytics (you can opt out at tools.google.com/dlpage/gaoptout)
◦ AWS: For cloud infrastructure (covered by AWS privacy policies)We do not share data with advertising networks or sell data to third parties.To Learn More About Cookies:Visit: www.allaboutcookies.org13. Third-Party LinksDateSmarter may contain links to third-party websites or services (e.g., social media platforms, dating apps we integrate with).We are not responsible for:
◦ The privacy practices of these third parties
◦ Content on third-party sites
◦ How these third parties collect or use your informationWe encourage you to:
◦ Review their privacy policies before using their services
◦ Understand what data they collect
◦ Make informed choices about sharing your informationExamples of Third-Party Services:
◦ Social media platforms (if you share content)
◦ Payment processors (for subscriptions)
◦ App stores (Apple App Store, Google Play)When You Use Third-Party Services:
◦ You are subject to their terms and policies
◦ We have no control over their data practices
◦ Your interactions are between you and themOur Responsibility:We carefully select third-party service providers and require them to protect your data, but we cannot guarantee their practices.14. Changes to This Privacy PolicyWe may update this Privacy Policy from time to time to reflect:
◦ Changes in our practices
◦ Changes in law
◦ New features or services
◦ User feedbackHow We Notify You:For material changes, we will notify you by:
◦ Posting the updated policy on our website
◦ Sending you an email notification to your registered address
◦ Displaying a prominent notice in the app
◦ Requiring you to review and accept changes before continuing to use the service (for significant changes)For Minor Changes:
◦ We will update the "Last Updated" date at the top
◦ Post the updated policy on our website
◦ No active notification requiredWhat Constitutes a Material Change:
◦ Changes that reduce your privacy rights
◦ New data collection practices
◦ Changes in how we share data
◦ Changes in data retention
◦ Changes in international transfersYour Acceptance:Your continued use of DateSmarter after changes constitutes acceptance of the updated policy.If You Disagree:
◦ You have the right to stop using DateSmarter
◦ You can request deletion of your data
◦ Contact us with concerns before the change takes effectPolicy History:We maintain a history of our Privacy Policy:
◦ Available on request: [email protected]
◦ Shows previous versions and changesEffective Date:Updated policies take effect:
◦ 30 days after notification for material changes
◦ Immediately for minor changes15. Contact UsIf you have questions about this Privacy Policy or our privacy practices, contact us:Email:
◦ General inquiries: [email protected]
◦ Privacy matters: [email protected]
◦ Data Protection Officer: [email protected]Website:
datesmarter-ai.comMailing Address:
DateSmarter Limited
Auckland, New ZealandResponse Time:We aim to respond to all inquiries within 5 business days.For Specific Requests:◦ Data Access/Deletion Requests: [email protected] (include "Data Request" in subject)
◦ Security Concerns: [email protected] (include "Security" in subject)
◦ Complaints: [email protected] (include "Complaint" in subject)Regulatory Authorities:If you believe your privacy rights have been violated, you can also contact:New Zealand:
Office of the Privacy Commissioner
◦ Website: www.privacy.org.nz
◦ Phone: 0800 803 909European Union:
Your local supervisory authority
◦ Directory: https://edpb.europa.eu/about-edpb/board/membersenUnited Kingdom:
Information Commissioner's Office
◦ Website: www.ico.org.uk
◦ Phone: 0303 123 1113Australia:
Office of the Australian Information Commissioner
◦ Website: www.oaic.gov.au
◦ Phone: 1300 363 992© 2026 DateSmarter Limited. All rights reserved.This Privacy Policy was last reviewed and updated on January 6, 2026.Compliance Statement:
This Privacy Policy complies with the New Zealand Privacy Act 2020, EU General Data Protection Regulation (GDPR), UK GDPR, and Australian Privacy Principles (APPs).

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Terms of Service

Effective Date: January 6, 2026
Last Updated: January 6, 2026Welcome to DateSmarter!These Terms of Service ("Terms") govern your access to and use of DateSmarter's website, mobile application, official social media channels, and services (collectively, the "Service"). By accessing, browsing, or using the Service, you agree to be bound by these Terms.If you do not agree to these Terms, you are not authorized to use the Service and must stop immediately.Important Legal InformationThese Terms include:
◦ Your legal rights and obligations
◦ Limitations on our liability
◦ Dispute resolution procedures
◦ Your agreement to New Zealand lawPlease read carefully before using DateSmarter.1. Scope and ApplicationThese Terms apply to:
◦ The DateSmarter website (datesmarter-ai.com)
◦ The DateSmarter mobile application (iOS and Android)
◦ DateSmarter's official social media channels (Instagram, TikTok, Twitter/X)
◦ All services, features, and content provided by DateSmarter
◦ Browsing and using our platforms, whether or not you have an accountGeographic Focus:DateSmarter is intended primarily for users in New Zealand and is designed to comply with New Zealand law. Content and services may not be appropriate or available in all jurisdictions.If you are located outside New Zealand:
◦ You use the Service at your own risk
◦ You are responsible for compliance with your local laws
◦ Some features may be restricted or unavailable2. EligibilityYou must be at least 18 years old to use DateSmarter.By using the Service, you represent and warrant that:
◦ You are at least 18 years of age
◦ You have the legal capacity to enter into these Terms
◦ You are not prohibited from using the Service under applicable laws
◦ All information you provide is accurate and truthful
◦ You are not a registered sex offenderAge Verification:We verify age through:
◦ Date of birth declaration during registration
◦ Algorithmic checks of profile information
◦ User reports of underage users
◦ Where required, additional verification measures (ID checks)If we discover you are under 18:
◦ Your account will be immediately terminated
◦ Your data will be deleted
◦ You will be permanently banned from the Service3. Account Registration and SecurityWaitlist:
◦ Joining the waitlist does not guarantee access to DateSmarter
◦ We will notify waitlist members when the Service launches
◦ Early access is provided at our discretion and subject to availabilityAccount Creation (When App Launches):You must:
◦ Provide accurate and complete information
◦ Keep your account credentials confidential and secure
◦ Notify us immediately of any unauthorized use
◦ Not share your account with others
◦ Enable two-factor authentication when availableYou are responsible for:
◦ All activities that occur under your account
◦ Maintaining the security of your password
◦ Any consequences of account compromise due to your failure to maintain securityWe may refuse or terminate registration if:
◦ You provide false or misleading information
◦ We receive complaints about your conduct
◦ You violate these Terms
◦ We have reasonable grounds to believe you pose a safety risk
◦ You have been previously banned from the ServiceAccount Suspension vs Termination:Suspension:
◦ Temporary restriction of account access
◦ Used for investigation of potential violations
◦ Account may be reinstated after review
◦ You will be notified of suspension and reasonTermination:
◦ Permanent removal of account
◦ Used for serious or repeated violations
◦ Data retention subject to Privacy Policy and Privacy Act 2020
◦ You will be notified of termination and reason (where appropriate)4. The DateSmarter ServiceWhat DateSmarter Does:DateSmarter provides AI-powered conversation coaching to help you communicate more confidently on dating apps.Our Service includes:
◦ Swiping and matching with other users
◦ Real-time conversation suggestions based on your chat context
◦ Personalized conversation starters based on match profiles
◦ Activity and date suggestions
◦ Sentiment analysis and conversation stage detection
◦ Tips and guidance for authentic communication
◦ Direct messaging with your matchesWhat DateSmarter Does NOT Do:
◦ We do NOT send messages on your behalf
◦ We do NOT create automated responses or chatbot messages
◦ We do NOT guarantee matches, dates, or relationships
◦ We do NOT replace genuine human connection
◦ We are NOT a matchmaking serviceService Availability:We reserve the right to:
◦ Suspend, withdraw, or modify the Service at any time without notice
◦ Restrict access for maintenance, updates, or improvements
◦ Change features, functionality, or pricing with appropriate notice
◦ Discontinue the Service entirely (with reasonable notice to users)The Service may not be:
◦ Uninterrupted or error-free
◦ Secure or free from bugs, viruses, or other harmful components
◦ Available in all jurisdictions
◦ Compatible with all devices or operating systemsWe make reasonable efforts to maintain service availability but cannot guarantee continuous operation.5. User ConductYou agree NOT to:Illegal or Harmful Activity:
◦ Use the Service for any illegal purpose or in violation of any laws
◦ Engage in or promote criminal activity
◦ Distribute malware, viruses, worms, spyware, or other harmful code
◦ Attempt to gain unauthorized access to the Service or user accounts
◦ Interfere with or disrupt the Service, servers, or networksAbuse and Harassment:
◦ Harass, abuse, threaten, or harm another person
◦ Stalk, intimidate, or make unwanted contact with other users
◦ Engage in hate speech or discrimination
◦ Bully or target individuals or groupsFraud and Deception:
◦ Impersonate any person or entity
◦ Create misleading, deceptive, or fraudulent dating profiles
◦ Use false information or stolen identities
◦ Engage in catfishing or romance scamsSpam and Solicitation:
◦ Send spam or unsolicited commercial messages
◦ Promote or advertise businesses, products, or services
◦ Solicit money, donations, or personal information
◦ Distribute chain letters or pyramid schemesPlatform Abuse:
◦ Use automated systems (bots, scrapers, crawlers) to access the Service
◦ Reverse engineer or attempt to extract source code from our software or AI models
◦ Circumvent security measures or access restrictions
◦ Create multiple accounts to evade bans or restrictions
◦ Manipulate or game our matching algorithmsContent Violations:
◦ Share inappropriate, offensive, illegal, or explicit content
◦ Post content that infringes others' intellectual property rights
◦ Upload content containing malicious links or code
◦ Share private information about others without consentThird-Party Platform Violations:
◦ Violate the terms of service of other dating platforms you may use with DateSmarter
◦ Use DateSmarter to violate the rules of social media platformsConsequences of Violations:Violations may result in:
◦ Warning and request to cease conduct
◦ Temporary suspension of account
◦ Permanent termination of account
◦ Removal of offending content
◦ Reporting to law enforcement where conduct is criminal
◦ Legal action for damages
◦ Disclosure of your information to authorities where lawful and appropriateWe reserve the right to investigate suspected violations and take appropriate action without prior notice.6. User Content and Intellectual PropertyYour Content:What You Provide:
◦ Profile information and photos
◦ Messages and conversations
◦ Feedback and ratings
◦ Any other content you create or share on the ServiceYour Rights:You retain all rights to your content. By using the Service, you grant us a limited license to:
◦ Process and store your content to provide the Service
◦ Display your profile to other users as part of the matching process
◦ Use anonymized data to improve our AI models and services
◦ Use aggregated, non-personally identifiable data for analyticsWhat We Do NOT Do:
◦ We do not claim ownership of your content
◦ We do not share your personal conversations with other users
◦ We do not sell your content to third parties
◦ We do not use your personal information for marketing without consentIf You Want to Use Your Content Publicly:If we wish to feature your content in marketing or testimonials:
◦ We will obtain your explicit, separate consent
◦ We will anonymize or pseudonymize your information
◦ You can withdraw consent at any time
◦ We will specify exactly how your content will be usedYou Can:
◦ Delete your content at any time through account settings
◦ Request deletion of specific conversations
◦ Export your data
◦ Opt out of AI model improvement (while retaining service functionality)DateSmarter's Intellectual Property:We own all rights to:
◦ The DateSmarter name, logo, and branding
◦ The Service, including all software, code, and technology
◦ Our AI models, algorithms, and training data
◦ All content we create (help articles, blog posts, tips, marketing materials)
◦ The "look and feel" of our website and appYou may not:
◦ Use our branding, name, or logo without written permission
◦ Copy, modify, distribute, or sell our software or AI models
◦ Create derivative works based on our Service
◦ Reverse engineer or decompile our software
◦ Remove or modify any copyright, trademark, or proprietary notices
◦ Frame or mirror our website or app
◦ Link to our Service without our prior consent (see Linking Policy below)Third-Party Intellectual Property:If you believe content on DateSmarter infringes your intellectual property rights, contact us at [email protected] with:
◦ Description of the copyrighted work or trademark
◦ Location of the infringing content
◦ Your contact information
◦ A statement of good faith belief that use is unauthorized
◦ A statement that the information is accurate and you are authorized to actWe will investigate and take appropriate action.7. User-Generated Content on Public ChannelsPublic Channels:DateSmarter may operate:
◦ Official social media accounts (Instagram, TikTok, Twitter/X)
◦ Community forums or discussion boards (if implemented)
◦ Public blog or knowledge base with commentsUser-Generated Content (UGC):If you post content on our public channels:
◦ Your content may be visible to others
◦ We do not pre-screen or verify all UGC
◦ User views expressed are their own, not DateSmarter's
◦ We do not endorse user opinions or contentModeration Rights:We reserve the right to:
◦ Remove or hide content that violates these Terms
◦ Remove offensive, defamatory, harmful, or inappropriate content
◦ Moderate comments and discussions
◦ Ban users who violate community standards
◦ Edit content for clarity or safety (we will indicate if edited)Prohibited Content:Do not post:
◦ Hate speech, discrimination, or harassment
◦ False, misleading, or defamatory statements
◦ Spam, advertising, or commercial solicitation
◦ Inappropriate or explicit material
◦ Personal information about others
◦ Content that infringes intellectual property rightsFeedback and Reviews:If you provide feedback, reviews, or testimonials:
◦ They must be based on your genuine experience
◦ They must be accurate and not misleading
◦ They must not be offensive or defamatory
◦ We may use them in marketing (with your consent)
◦ We may remove reviews that violate these standardsNon-Endorsement:We do not endorse or verify:
◦ User opinions expressed on our channels
◦ Third-party content linked by users
◦ Claims made by users about the Service8. AI Coaching Disclaimer and TransparencyImportant Limitations:DateSmarter's AI coaching is provided for informational and confidence-building purposes only.We Do Not Guarantee:
◦ That our suggestions will lead to successful conversations
◦ That you will get matches, dates, or relationships
◦ That our AI will always provide perfect or appropriate advice
◦ That using DateSmarter will improve your dating outcomes
◦ Any specific results from using our ServiceYour Responsibility:You are solely responsible for:
◦ The messages you choose to send
◦ Using your own judgment when deciding whether to use our suggestions
◦ Communicating authentically and respectfully
◦ Complying with the terms of other dating platforms you use
◦ Your safety and wellbeing while datingAI Limitations and Transparency:How Our AI Works:
◦ Uses natural language processing to analyze conversation context
◦ Trained on anonymized conversation data
◦ Generates suggestions based on patterns and your communication style
◦ Continuously learns and improves (with anonymized data)
◦ Operates in real-time during your conversationsWhat the AI Can Do:
◦ Analyze tone, sentiment, and conversation stage
◦ Suggest contextually appropriate responses
◦ Provide conversation starters based on profiles
◦ Detect potential conversation issues (awkwardness, declining interest)
◦ Offer tips for authentic communicationWhat the AI Cannot Do:
◦ Fully understand complex emotions, sarcasm, or cultural nuances
◦ Guarantee appropriateness in all contexts
◦ Replace human judgment and authenticity
◦ Predict relationship outcomes
◦ Read minds or understand unstated intentionsAI May Occasionally:
◦ Provide inaccurate or inappropriate suggestions
◦ Misinterpret context or tone
◦ Suggest responses that don't match your style
◦ Miss cultural or contextual nuancesYou should always:
◦ Review and personalize suggestions before using them
◦ Use your own judgment about what to send
◦ Communicate authentically in your own voice
◦ Seek human advice for complex or sensitive situationsBias Mitigation:We are committed to reducing bias in our AI:
◦ Regular audits of AI outputs for fairness
◦ Diverse training data to reduce stereotypes
◦ Monitoring for discriminatory patterns
◦ User feedback mechanisms to report problematic suggestions
◦ Ongoing refinement and improvementHowever:
◦ We cannot eliminate all bias
◦ AI may reflect societal biases present in training data
◦ Users should report concerning patternsHuman Review and Recourse:You can:
◦ Report problematic AI suggestions to [email protected]
◦ Request human review of specific AI outputs
◦ Provide feedback to improve our AI
◦ Opt out of AI features entirely (while retaining basic functionality)
◦ Contact support with concerns about AI behaviorWe will:
◦ Investigate reports of problematic AI behavior
◦ Provide explanations of how suggestions were generated (where feasible)
◦ Take corrective action for systematic issues
◦ Continuously improve AI quality and safety9. Subscription and PaymentsFree Tier:
◦ Limited AI coaching requests per day (this will be confirmed before full launch of the application)
◦ Basic conversation suggestions
◦ Standard matching and messaging
◦ No payment requiredPremium Tier (this will be confirmed before full launch of the application):
◦ Unlimited AI coaching requests
◦ Advanced features and personalized suggestions
◦ Enhanced conversation insights
◦ Priority support
◦ Early access to new features
◦ Cancel anytimeBilling:
◦ Subscriptions auto-renew monthly unless cancelled
◦ You can cancel at any time through account settings: Settings → Subscription → Cancel
◦ Cancellation takes effect at the end of the current billing period
◦ No refunds for partial months
◦ Prices may change with 30 days' advance notice
◦ Payment processed securely through third-party payment processorsRefund Policy:New Zealand Consumer Law Applies:Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986.Refunds are provided:
◦ When required by New Zealand consumer law
◦ If the Service has a major failure (not provided with reasonable care and skill)
◦ For significant technical issues that prevent use of paid features
◦ At our discretion for other exceptional circumstances

Refunds are generally NOT provided for:
◦ Partial months (you retain access until end of billing period)
◦ Change of mind after using the Service
◦ Dissatisfaction with results (AI suggestions are not guaranteed)
◦ Violations of Terms resulting in terminationTo Request a Refund:Email [email protected] with:
◦ Your account email
◦ Transaction date and amount
◦ Reason for refund request
◦ Description of any technical issuesWe will respond within 5 business days and process legitimate refunds within 14 days.Consumer Rights (New Zealand):Under the Consumer Guarantees Act 1993, services must be:
◦ Provided with reasonable care and skill
◦ Fit for any particular purpose you make known to us
◦ Provided within a reasonable timeIf we fail to meet these guarantees, you are entitled to remedies including refund or compensation.Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be lawfully excluded.10. Privacy and Data ProtectionYour privacy is important to us.Our Privacy Policy explains:
◦ What data we collect
◦ How we use and protect your data
◦ Your rights and choices
◦ How to exercise your rightsBy using DateSmarter, you consent to our data practices as described in our Privacy Policy.Key Privacy Protections:
◦ Compliance with New Zealand Privacy Act 2020
◦ GDPR compliance (for EU users)
◦ Enterprise-grade encryption (AES-256)
◦ Secure data transmission (TLS/SSL)
◦ You can access, correct, and delete your data at any timeData Retention:When you delete your account:
◦ Your data is deleted in accordance with our Privacy Policy
◦ Retention periods comply with Privacy Act 2020 requirements
◦ Some data may be retained as required by law (e.g., financial records)
◦ Anonymized data may be retained for analyticsFor full details, see our Privacy Policy at: [link to Privacy Policy]11. Communications and MarketingTransactional Communications:By creating an account, you consent to receive:
◦ Account-related notifications (registration, verification)
◦ Service updates and feature announcements
◦ Security alerts and important notices
◦ Billing and payment confirmations
◦ Changes to Terms or Privacy PolicyThese communications are essential to the Service and cannot be opted out of while maintaining an account.Marketing Communications:We may send marketing emails with your explicit consent:
◦ Product updates and new features
◦ Tips for using DateSmarter effectively
◦ Special offers and promotions
◦ Dating advice and contentYou can:
◦ Opt in during registration or later in Settings
◦ Opt out at any time by clicking "Unsubscribe" in any marketing email
◦ Manage email preferences in Settings → Notifications
◦ Contact [email protected] to update preferencesAnti-Spam Compliance:DateSmarter complies with the Unsolicited Electronic Messages Act 2007:
◦ We only send marketing emails to those who have consented
◦ All marketing emails include a clear unsubscribe option
◦ We identify ourselves in all communications
◦ We maintain opt-out records and honor unsubscribe requests promptlyIn-App Notifications:
◦ Push notifications for matches, messages, and app activity
◦ Can be disabled in device settings or app Settings → Notifications12. Third-Party Services and LinksThird-Party Integrations:DateSmarter may integrate with or reference third-party services:
◦ Authentication providers (Google Sign-In, Apple Sign-In)
◦ Payment processors
◦ Social media platforms
◦ Analytics servicesWe are NOT responsible for:
◦ The privacy practices of these third parties
◦ Content on third-party websites or services
◦ How these third parties collect or use your information
◦ The availability or reliability of third-party servicesWe are NOT affiliated with, endorsed by, or connected to:
◦ Tinder, Bumble, Hinge, or any other dating apps
◦ Social media platforms (Instagram, TikTok, Twitter/X)
◦ Any third-party service providersThird-Party Links:Our Service may contain links to third-party websites or services.We do NOT:
◦ Control or endorse these third-party sites
◦ Make representations about their content or services
◦ Accept liability for their practicesWe encourage you to:
◦ Review their privacy policies before using their services
◦ Understand what data they collect
◦ Make informed choices about sharing your informationWhen you use third-party services:
◦ You are subject to their terms and policies
◦ We have no control over their data practices
◦ Your interactions are between you and themLinking to DateSmarter:You may NOT link to our Service without our prior written consent.This includes:
◦ Deep linking to specific pages
◦ Framing or embedding our content
◦ Using our branding or logo in linksTo request permission to link, contact [email protected] with:
◦ Your website or platform
◦ Proposed link location and context
◦ How you plan to describe DateSmarterWe may grant or deny permission at our discretion.13. Disclaimers and WarrantiesTHE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.We Disclaim All Warranties, Including:
◦ Warranties of merchantability or fitness for a particular purpose
◦ That the Service will be uninterrupted, secure, or error-free
◦ That defects will be corrected
◦ That the Service is free of viruses, malware, or harmful components
◦ That AI suggestions will be accurate, appropriate, or effective
◦ That you will achieve any particular result from using the Service
◦ That the information on our website or in the app is accurate, complete, or up-to-dateContent Disclaimer:Information provided on our website, in the app, or on social media is:
◦ For general informational purposes only
◦ Not professional advice (legal, financial, medical, or relationship counseling)
◦ Not guaranteed to be accurate, complete, or current
◦ Subject to change without noticeYou should:
◦ Seek professional advice for important decisions
◦ Verify information independently
◦ Not rely solely on DateSmarter for critical life decisionsDating and Relationship Disclaimer:We do NOT guarantee:
◦ That you will find a romantic partner
◦ Compatibility with any match
◦ The accuracy of user profiles
◦ The behavior or intentions of other users
◦ Your safety while dating (online or offline)You acknowledge that:
◦ Dating involves inherent risks
◦ You are responsible for your own safety
◦ You should exercise caution when meeting people online
◦ DateSmarter cannot screen all users or verify all informationNew Zealand Consumer Law:Nothing in these disclaimers excludes, restricts, or modifies any consumer guarantee, right, or remedy under New Zealand law that cannot be lawfully excluded.Where the Consumer Guarantees Act 1993 or Fair Trading Act 1986 applies, our liability is limited to the maximum extent permitted by law.14. Limitation of LiabilityTo the Maximum Extent Permitted by New Zealand Law:DateSmarter and its officers, directors, employees, shareholders, and agents shall not be liable for:Indirect or Consequential Damages:
◦ Any indirect, incidental, special, consequential, or punitive damages
◦ Loss of profits, revenue, business opportunities, or goodwill
◦ Loss of data or information
◦ Cost of substitute services
◦ Emotional distress or reputational harmSpecific Exclusions:
◦ Damages arising from your use or inability to use the Service
◦ Damages arising from AI coaching suggestions or their inaccuracy
◦ Damages from interactions with other users
◦ Damages from third-party conduct, content, or services
◦ Damages from unauthorized access to your account or data
◦ Damages from interruptions, errors, or security breaches
◦ Damages from corruption or loss of data held by usMaximum Liability:Our total liability shall not exceed the greater of:
◦ The amount you paid us in the 12 months prior to the claim, OR
◦ $100 NZDExceptions:These limitations do NOT apply to:
◦ Liability for death or personal injury caused by our negligence
◦ Liability for fraud or fraudulent misrepresentation
◦ Liability that cannot be excluded or limited under New Zealand lawNew Zealand Consumer Law:If the Consumer Guarantees Act 1993 applies and we fail to comply with a consumer guarantee:
◦ You may be entitled to remedies including compensation
◦ Our liability is not limited for failures that cannot be excluded by lawThe above limitations apply to the maximum extent permitted by law.15. IndemnificationYou agree to indemnify, defend, and hold harmless DateSmarter and its officers, directors, employees, shareholders, agents, and affiliates from and against any and all:Claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:◦ Your use or misuse of the Service
◦ Your violation of these Terms
◦ Your violation of any rights of another person or entity
◦ Messages you send based on or inspired by our AI suggestions
◦ Your interactions with other users
◦ Content you upload, post, or share
◦ Your violation of any laws or regulations
◦ Any false, misleading, or inaccurate information you provideThis indemnification obligation:
◦ Survives termination of your account or these Terms
◦ Includes the cost of investigating and defending claims
◦ Applies even if the claim is unsuccessfulWe reserve the right to:
◦ Assume exclusive defense and control of any matter subject to indemnification
◦ Require your cooperation in defending any claim
◦ Settle claims at our discretion (we will notify you)16. TerminationWe May Terminate or Suspend Your Access:Immediately and without notice if:
◦ You violate these Terms
◦ You engage in illegal conduct
◦ You pose a safety risk to other users
◦ You have been reported for serious misconductWith notice if:
◦ Your account is inactive for an extended period
◦ You fail to pay for premium services
◦ We receive repeated complaints about your conduct
◦ We discontinue the ServiceAt any time, for any reason, with or without notice:
◦ We reserve the right to refuse service to anyone
◦ We may terminate accounts at our discretionYou May Terminate:
◦ Delete your account at any time through Settings → Account → Delete Account
◦ Stop using the Service at any time
◦ Contact [email protected] for assistance with account deletionUpon Termination:
◦ Your right to use the Service immediately ceases
◦ We may delete your data subject to our Privacy Policy and legal obligations
◦ Outstanding fees remain due
◦ You lose access to paid features and content
◦ Provisions that should survive termination remain in effect (indemnification, limitation of liability, dispute resolution)Data Retention After Termination:
◦ Data retention is governed by our Privacy Policy and the Privacy Act 2020
◦ Some data may be retained as required by law (e.g., financial records for 7 years)
◦ Anonymized data may be retained indefinitely for analytics
◦ You can request expedited deletion by contacting [email protected]Effect of Termination:
◦ Termination does not relieve you of obligations that accrued before termination
◦ We are not liable for any loss or damage resulting from termination
◦ You may not create a new account if banned for Terms violations17. Dispute Resolution and Governing LawGoverning Law:These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.Jurisdiction:You agree to the exclusive jurisdiction of the courts of New Zealand for any disputes arising from these Terms or your use of the Service.Dispute Resolution Process:Step 1: Informal ResolutionBefore taking any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.◦ Provide a detailed description of the dispute
◦ Include your account information and relevant facts
◦ Propose a resolution if possibleWe will respond within 10 business days and work with you in good faith to resolve the issue.Step 2: Formal Complaint and EscalationIf informal resolution is unsuccessful, you may file a formal complaint:◦ Email [email protected] with "Formal Complaint" in the subject line
◦ Include all relevant information and correspondence
◦ Specify the resolution you are seekingWe will:
◦ Acknowledge your complaint within 5 business days
◦ Investigate the matter thoroughly
◦ Provide a detailed response within 20 business days
◦ Offer a resolution or explanationStep 3: MediationIf unresolved after Step 2, both parties agree to attempt mediation before pursuing legal action.◦ Mediation will be conducted in Auckland, New Zealand
◦ Mediator selected by mutual agreement or appointed by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ)
◦ Each party bears its own costs; mediator costs split equally
◦ Mediation is confidential and without prejudiceStep 4: Arbitration or CourtIf mediation fails, disputes may be resolved through:Option A: Arbitration
◦ Binding arbitration under the Arbitration Act 1996 (New Zealand)
◦ One arbitrator appointed by mutual agreement or by AMINZ
◦ Arbitration conducted in Auckland, New Zealand
◦ Conducted in English
◦ Decision is final and binding (subject to limited grounds for appeal)Option B: Court Proceedings
◦ Proceedings in the District Court or High Court of New Zealand
◦ Venue: Auckland, New ZealandClass Action Waiver:To the extent permitted by law, you agree to resolve disputes on an individual basis only. You waive any right to participate in a class action or representative proceeding.Exceptions to Dispute Resolution:The dispute resolution process does not apply to:
◦ Claims for injunctive or equitable relief
◦ Intellectual property disputes
◦ Claims related to safety or security of the Service
◦ Disputes where we seek to enforce these TermsTime Limitations:You must bring any claim within 12 months of the date the claim arose, or it is waived.18. General ProvisionsEntire Agreement:These Terms, together with our Privacy Policy, constitute the entire agreement between you and DateSmarter and supersede any prior agreements or understandings.Severability:If any provision of these Terms is found to be invalid, illegal, or unenforceable:
◦ That provision will be modified to the minimum extent necessary to make it valid and enforceable
◦ If modification is not possible, the provision will be severed
◦ The remaining provisions remain in full force and effectNo Waiver:Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.Any waiver must be in writing and signed by an authorized representative of DateSmarter.Assignment:You may NOT:
◦ Assign, transfer, or delegate these Terms or your account to anyone
◦ Transfer your account to another personWe may:
◦ Assign these Terms to any successor, affiliate, or acquirer
◦ Transfer our rights and obligations under these Terms
◦ Delegate our obligations to service providersAny assignment in violation of this provision is void.Force Majeure:We are not liable for delays, failures, or interruptions in providing the Service due to circumstances beyond our reasonable control, including:◦ Acts of God (earthquakes, floods, storms, pandemics)
◦ War, terrorism, civil unrest
◦ Government actions or regulations
◦ Internet or telecommunications failures
◦ Power outages or infrastructure failures
◦ Labor disputes or strikes
◦ Supplier failures or delays
◦ Cyberattacks or security incidentsDuring force majeure events:
◦ Our obligations are suspended to the extent affected
◦ We will make reasonable efforts to restore service
◦ We will notify users of significant disruptions where feasible
◦ We are not liable for any damages resulting from such events

Relationship:Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and DateSmarter.You are an independent user of the Service.Headings:Section headings are for convenience only and do not affect the interpretation of these Terms.Language:These Terms are drafted in English. If translated into another language, the English version prevails in case of conflict.Notices:Notices to You:We may provide notices to you:
◦ By email to the address associated with your account
◦ By posting on our website or in the app
◦ By in-app notificationNotices by email are deemed received when sent to the email address on file.Notices to Us:You may provide notices to us:
◦ By email: [email protected]
◦ By mail: DateSmarter Limited, Auckland, New ZealandNotices to us are deemed received when we acknowledge receipt.Electronic Signatures:You agree that your electronic acceptance of these Terms (by clicking "I Agree," creating an account, or using the Service) constitutes your signature and acceptance, equivalent to a handwritten signature.19. Changes to These TermsWe may modify these Terms at any time.How We Notify You:For material changes, we will notify you by:
◦ Posting updated Terms on our website with the "Last Updated" date
◦ Sending you an email notification to your registered address
◦ Displaying a prominent notice in the app
◦ Requiring you to review and accept changes before continuing to use the Service (for significant changes)For Minor Changes:
◦ We will update the "Last Updated" date
◦ Post the updated Terms on our website
◦ No active notification required (changes effective immediately upon posting)What Constitutes a Material Change:
◦ Changes that reduce your rights or increase your obligations
◦ Changes to pricing or payment terms
◦ Changes to dispute resolution procedures
◦ Changes to limitations of liability
◦ Changes to termination rights
◦ Changes that significantly alter the nature of the ServiceYour Acceptance:Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.If You Disagree:
◦ You have the right to stop using the Service
◦ You can delete your account (Settings → Account → Delete Account)
◦ You can contact us with concerns at [email protected] before changes take effect
◦ For material changes with 30 days' notice, you can terminate without penalty during the notice periodEffective Date of Changes:Updated Terms take effect:
◦ 30 days after notification for material changes
◦ Immediately for minor changesPrevious Versions:We maintain a record of previous versions of our Terms:
◦ Available on request by emailing [email protected]
◦ Shows history of changes and effective dates20. Complaints ProcessWe take complaints seriously and are committed to resolving issues fairly and promptly.How to Make a Complaint:Step 1: Initial ComplaintEmail [email protected] with:
◦ Subject line: "Complaint" or "Formal Complaint"
◦ Your account email and username
◦ Detailed description of the issue
◦ Relevant dates, screenshots, or evidence
◦ Resolution you are seekingStep 2: AcknowledgmentWe will:
◦ Acknowledge your complaint within 5 business days
◦ Assign a reference number
◦ Confirm receipt and next stepsStep 3: InvestigationWe will:
◦ Investigate the matter thoroughly
◦ Review relevant records, logs, and evidence
◦ Contact you for additional information if needed
◦ Consider your proposed resolutionStep 4: ResponseWe will:
◦ Provide a detailed response within 20 business days
◦ Explain our findings and decision
◦ Offer a resolution, compensation, or explanation
◦ If more time is needed, notify you of the delay and new timelineStep 5: Escalation (if unresolved)If you are not satisfied with our response:
◦ Request escalation to a senior manager
◦ We will review the matter independently
◦ Provide a final decision within 10 business daysExternal Dispute Resolution:If our complaints process does not resolve the issue, you may:Contact the New Zealand Disputes Tribunal:
◦ For claims up to $30,000 NZD
◦ Website: www.disputestribunal.govt.nz
◦ Phone: 0800 268 787Contact the Commerce Commission:
◦ For issues related to Fair Trading Act or Consumer Guarantees Act
◦ Website: www.comcom.govt.nz
◦ Phone: 0800 943 600Seek Legal Advice:
◦ Consult a lawyer for complex disputes
◦ Legal aid may be available for eligible individualsComplaint Rights:Throughout the process, you have the right to:
◦ Be treated fairly and respectfully
◦ Have your complaint taken seriously
◦ Receive clear explanations and decisions
◦ Escalate unresolved issues
◦ Seek external resolution21. Age VerificationBeyond self-declaration of age during registration, we implement additional measures:Verification Methods:
◦ Algorithmic analysis of profile photos (age estimation)
◦ Review of profile information for inconsistencies
◦ User reporting of suspected underage users
◦ Manual review of flagged accounts
◦ Where required, ID verification (driver's license, passport)If We Suspect You Are Underage:
◦ Your account will be suspended pending verification
◦ You will be required to provide proof of age
◦ If you cannot verify your age, your account will be permanently terminated
◦ False age claims result in permanent banIf You Encounter an Underage User:Report immediately to [email protected] with:
◦ Username or profile link
◦ Reason you believe they are underage
◦ Any relevant screenshots (do not engage with the user)We will investigate within 24 hours and take appropriate action.22. Contact UsQuestions about these Terms?Email:
◦ General inquiries: [email protected]
◦ Legal matters: [email protected]
◦ Complaints: [email protected] (include "Complaint" in subject)
◦ Terms questions: [email protected] (include "Terms" in subject)Website:
datesmarter-ai.comMailing Address:
DateSmarter Limited
Auckland, New ZealandResponse Time:We aim to respond to all inquiries within 5 business days.For urgent matters (safety concerns, security issues), we will respond within 24 hours.© 2026 DateSmarter Limited. All rights reserved.This Terms of Service was last reviewed and updated on January 6, 2026.Compliance Statement:These Terms comply with the New Zealand Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, Unsolicited Electronic Messages Act 2007, and other applicable New Zealand laws.Legal Review:This Terms of Service was prepared with the assistance of legal counsel and AI-powered legal tools (Harvey AI) to ensure compliance with New Zealand law.By using DateSmarter, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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Cookie Policy

Effective Date: January 6, 2026
Last Updated: January 6, 2026At DateSmarter, we believe in being clear and open about how we collect and process data about you. This page is designed to inform you about our practices regarding cookies, and to explain how you can manage them.You already know everything there is to know about cookies and just want to adjust your settings?No problem. Head to your account settings in the app to adjust your privacy preferences there: Settings → Privacy → Cookie PreferencesYou want to know more about cookies and how we use them?Happy to explain! Keep on reading.Note: This Cookie Policy does not address how we process your personal information outside of our use of cookies. To learn more about how we process your personal information, please read our Privacy Policy here: [link to Privacy Policy]What Are Cookies?Cookies are small text files that are sent to or accessed from your web browser or your device's memory. A cookie typically contains the name of the domain (Internet location) from which the cookie originated, the "lifetime" of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie may also contain information about your device, such as user settings, browsing history and activities conducted while using our services.Are There Different Types of Cookies?First-Party and Third-Party Cookies:There are first-party cookies and third-party cookies. First-party cookies are placed on your device directly by us. For example, we use first-party cookies to adapt our website to your browser's language preferences and to better understand your use of our website. Third-party cookies are placed on your device by our partners and service providers, such as:
◦ Amazon Web Services (AWS) - for cloud infrastructure
◦ Google Analytics - for usage analytics
◦ Payment processors - for handling subscriptionsYou can learn more about these partners via our Privacy Policy and in-app consent management tools. For details on these tools, see "How Can You Control Cookies?" below.Session and Persistent Cookies:There are session cookies and persistent cookies. Session cookies only last until you close your browser. We use session cookies for a variety of reasons, including to learn more about your use of our website during one single browser session, and to help you use our website more efficiently. Persistent cookies have a longer lifespan and last beyond the current session. These types of cookies can be used to help you quickly sign in to our website again, for analytical purposes and for other reasons, described below.What About Other Tracking Technologies?Other technologies such as web beacons (also called pixels, tags or clear gifs), tracking URLs or software development kits (SDKs) are used for similar purposes as cookies. Web beacons are tiny graphics files that contain a unique identifier, enabling us to recognize when someone has visited our service or opened an email we've sent them. Tracking URLs are custom-generated links that help us understand where the traffic to our webpages comes from. SDKs are small pieces of code included in apps, which function like cookies and web beacons.For simplicity, we also refer to these technologies as "cookies" in this Cookie Policy.What Do We Use Cookies For?Like other providers of online services, we use cookies to provide, secure and improve our services, including by remembering your preferences, recognizing you when you visit our website, measuring the success of our marketing campaigns and personalizing and tailoring ads to your interests. To achieve these aims, we may also link information from cookies with other personal information we hold about you.When you use our services, some or all of the following types of cookies may be set on your device.Cookie Types:Essential Cookies:
◦ These cookies are strictly necessary to provide you our services
◦ Functions: Enabling you to log in, remembering your preferences, keeping you safe by detecting malicious activity
◦ These cookies cannot be disabled without affecting service functionalityAnalytics Cookies:
◦ These cookies help us understand how our services are being used
◦ Functions: Help us customize and improve our services for you, measure feature usage, identify bugs
◦ Example: Google Analytics
◦ You can opt out of these cookiesAdvertising & Marketing Cookies (Not Currently Used):
◦ We do not currently use advertising or marketing cookies
◦ If we implement these in the future, we will update this policy and obtain your consent
◦ Would be used to: Measure marketing campaign effectiveness, prevent repetitive ads, personalize ad contentSocial Networking Cookies (Not Currently Used):
◦ We do not currently use social networking cookies
◦ If we implement these in the future, they would enable you to share content on social media platformsHow Can You Control Cookies?There are several cookie management options available to you. Please note that changes you make to your cookie preferences may result in using our services becoming a less satisfying experience, as they may no longer be as personalized. In some cases, you may even find yourself unable to use all or part of our services.Tools We Provide:You can set and adjust your cookie preferences at any time by:
◦ Heading to your account settings in the app: Settings → Privacy → Cookie Preferences
◦ Visiting our website cookie banner (for EU/UK users)
◦ Adjusting your preferences when you first visit our websiteBrowser and Device Controls:Some web browsers provide settings that allow you to control or reject cookies, or that alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each Internet browser. You can check the specific steps in your particular browser's help menu.Common Browsers:
◦ Chrome: Settings → Privacy and Security → Cookies and other site data
◦ Firefox: Settings → Privacy & Security → Cookies and Site Data
◦ Safari: Preferences → Privacy → Cookies and website data
◦ Edge: Settings → Privacy, search, and services → Cookies and site dataYou may also be able to reset device identifiers or opt out from having identifiers collected or processed by using the appropriate setting on your mobile device. The procedures for managing identifiers are slightly different for each device. You can check the specific steps in the help or settings menu of your particular device.Mobile Devices:
◦ iOS: Settings → Privacy → Tracking → Reset Advertising Identifier
◦ Android: Settings → Privacy → Ads → Reset advertising IDInterest-Based Advertising Tools:Advertising companies may participate in self-regulatory programs that allow you to opt out of any interest-based ads involving them. For more information on this, you can visit the following sites:
◦ Digital Advertising Alliance: www.aboutads.info
◦ Interactive Digital Advertising Alliance: www.youronlinechoices.eu
◦ AppChoices: www.youradchoices.com/appchoicesOpting out does not mean you will not see advertising – it means you won't see personalized advertising from the companies that participate in these opt-out programs. Also, if you delete cookies on your device after you've opted out, you will need to opt out again.Google™ ServicesGoogle Analytics:We use Google Analytics – a Google service that uses cookies and other data collection technologies to collect information about your use of the website and services, in order to report website trends.For more information on how Google collects and processes data, visit: https://policies.google.com/technologies/partner-sitesYou can opt out of Google Analytics by:
◦ Downloading the Google Analytics opt-out browser add-on at: https://tools.google.com/dlpage/gaoptout
◦ Opting out of Google's ad personalization at: https://adssettings.google.com/AWS Services:We use Amazon Web Services (AWS) for cloud infrastructure. AWS may use cookies for service functionality and security purposes. For more information, visit: https://aws.amazon.com/privacy/Changes to This Cookie PolicyWe may update this Cookie Policy from time to time. We will notify you of material changes by:
◦ Posting the updated policy on our website with the "Last Updated" date
◦ Displaying a notice in the app
◦ Sending you an email notification (for significant changes)Your continued use of DateSmarter after changes take effect constitutes acceptance of the updated Cookie Policy.How to Contact UsIf you have questions about this Cookie Policy, here's how you can get in touch with us:Email:
[email protected]Website:
datesmarter-ai.comMailing Address:
DateSmarter Limited
Auckland, New ZealandData Protection Officer:
[email protected]Response Time:
We aim to respond to all inquiries within 5 business days.For Users in New Zealand:If you have concerns about how we handle cookies, you can also contact:Office of the Privacy Commissioner
◦ Website: www.privacy.org.nz
◦ Phone: 0800 803 909
◦ Email: [email protected]For Users in the European Union/UK:Your local supervisory authority
◦ Directory: https://edpb.europa.eu/about-edpb/board/members_enUK Information Commissioner's Office:
◦ Website: www.ico.org.uk
◦ Phone: 0303 123 1113© 2026 DateSmarter Limited. All rights reserved.This Cookie Policy was last reviewed and updated on January 6, 2026.

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Frequently Asked Questions

Getting Started1. How does the AI dating advisor work?DateSmarter provides real-time support while you chat with your matches.When conversation feels difficult, our AI helps you respond authentically—based on your style and the person you're talking to.This feature is available to everyone using DateSmarter. You stay in control—we just help you find the right words when you need them.2. When will the app be available?We are currently in our Pre-Launch phase for iOS, with our full official launch scheduled for early 2026.Join our waitlist to secure exclusive "Founding Member" benefits and be the first to know when we open access to the general public.3. Do I need to be tech-savvy to use it?Not at all. If you can swipe and text, you can use DateSmarter.The app is designed to feel natural—help appears when you need it, seamlessly.4. What makes DateSmarter different from other dating apps?Most dating apps help you find matches, then leave you on your own for the hardest part: actually connecting.DateSmarter is built specifically to help you at that moment—when you're stuck, anxious, or unsure what to say.We're your confidence companion, not just another swipe app.5. Does DateSmarter work with other dating apps?No. DateSmarter is a complete dating app.Everything happens in one place: match, chat, and get support when you need it. No switching apps or copying/pasting.Privacy & Security6. Is my data private and secure?Absolutely. We use enterprise-grade encryption to protect all your data.Your conversations are never shared with third parties, and you maintain complete control over your information.Privacy is our top priority.We comply with:
◦ New Zealand Privacy Act 2020
◦ GDPR (for EU users)
◦ Australian Privacy Principles (for AU users)7. What happens to my data if I delete my account?When you delete your account, your data is permanently removed:
◦ Profile and photos
◦ Messages and conversations
◦ AI coaching data
◦ Match historyYou can request deletion anytime through Settings → Account → Delete Account.We comply with GDPR and Privacy Act 2020 requirements.8. Can I use DateSmarter anonymously?You control what you share.Required information:
◦ First name (can be a nickname)
◦ Age range
◦ City-level location
◦ PhotosOptional information:
◦ Last name
◦ Social media links
◦ Workplace
◦ Phone numberYour privacy settings control who sees your profile.AI Coaching9. What if the AI gives bad advice?You're always in control.DateSmarter provides suggestions—you decide what to send (or not send).If a suggestion doesn't feel like you, ignore it and write your own message. The AI adapts to your style over time, but you always have the final say.10. How does DateSmarter handle inappropriate content?We take safety seriously.DateSmarter has:
◦ Content moderation systems
◦ User reporting tools
◦ Zero-tolerance for harassment
◦ AI guardrails to prevent inappropriate suggestionsYou can block and report anyone who makes you uncomfortable.11. Does the AI actually understand my conversations?Our AI analyzes:
◦ Conversation context and tone
◦ Your communication style
◦ The other person's profile and interests
◦ Conversation stage (opening, building rapport, planning dates)However, AI has limitations:
◦ May occasionally misinterpret context or sarcasm
◦ Cannot fully understand complex emotions
◦ Might miss cultural or contextual nuancesYou should always review suggestions before using them.## Pricing & Subscriptions12. How much will it cost?DateSmarter offers both free and premium options to suit your needs:Free Tier:
◦ Standard matching and messaging.
◦ A daily allowance of AI coaching requests (limits to be finalized at launch).
◦ Basic conversation suggestions to keep things moving.Premium Tier:
◦ Unlimited AI coaching requests.
◦ Advanced, highly personalized conversation insights.
◦ Priority support and early access to new features.
◦ Flexible "cancel anytime" subscription.Early waitlist members get exclusive launch benefits.13. Is there a free version?Yes. You can start using DateSmarter for free. Our free tier includes standard matching and a set number of AI-assisted messages per day. This allows you to experience the power of AI coaching before deciding if you want to upgrade to the full Premium experience.You can start free and upgrade to premium when ready.14. Can I cancel my subscription anytime?Yes. You can cancel anytime through Settings → Subscription → Cancel.When you cancel:
◦ You retain access until the end of your billing period
◦ No refunds for partial months
◦ You can resubscribe laterFeatures & Functionality15. Does DateSmarter support LGBTQ+ users?Yes. DateSmarter is for everyone.You can:
◦ Set your gender identity
◦ Set your sexual orientation
◦ Choose your preferencesOur AI coaching is inclusive and respectful of all identities.16. What languages does DateSmarter support?DateSmarter launches in English.We're exploring additional languages based on user demand. Join the waitlist and let us know what languages you'd like to see.17. Can I use DateSmarter for long-distance relationships?Yes. DateSmarter works wherever you are.You can:
◦ Adjust your distance preferences
◦ Match with people in other cities
◦ Use AI coaching for long-distance conversations18. What devices does DateSmarter work on?We are rolling out DateSmarter in two phases:◦ iOS (iPhone): Available now for our exclusive Pre-Launch phase.
◦ Android: Currently in development and joining the lineup for our Full Market Launch in early 2026.If you are an Android user, please Join our Waitlist to get a notification the moment we go live on the Google Play Store.Development & Future19. Will DateSmarter add more features?Yes. We are constantly evolving. While our core features are live and highly effective, we are currently in an active "Early Access" phase. This means we are regularly adding new features and refinements based specifically on feedback from our early community.By joining now, you have a unique opportunity to help shape the future of DateSmarter.t.20. Is DateSmarter still being developed?Yes. We're launching in early access and building based on your feedback.Core features work great now. New features are added regularly based on what you tell us matters most.Early members help shape DateSmarter's future—and get exclusive perks.Still Have Questions?Contact us:
◦ Email: [email protected]
◦ Website: datesmarter-ai.comWe respond to every message and love hearing from our community.

Want to learn more?
◦ Privacy Policy
◦ Terms of Service
◦ Cookie Policy

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