Terms of Service

These 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 account

Geographic 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 unavailable

You 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 offender

Age 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 Service

Waitlist

• 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 availability

Account 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 available

You 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 security

We 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 Service

Account 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 reason

Termination:

• 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)

What 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
• Personalised 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 matches

What 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 service

Service 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 systems

We make reasonable efforts to maintain service availability but cannot guarantee continuous operation.

You 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 networks

Abuse 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 groups

Fraud 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 scams

Spam 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 schemes

Platform 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 algorithms

Content 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 consent

Third-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 platforms

Consequences 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 appropriate

We reserve the right to investigate suspected violations and take appropriate action without prior notice.

Your Content: What You Provide

• Profile information and photos
• Messages and conversations
• Feedback and ratings
• Any other content you create or share on the Service

Your 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 analytics

What 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 consent

If 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 used

You 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 app

You 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 info@datesmarter-ai.com 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 act

We will investigate and take appropriate action.

Public 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 comments

User-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 content

Moderation 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 rights

Feedback 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 standards

Non-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 Service

Important 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 Service

Your 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 dating

How Our AI Works

• Uses natural language processing to analyse 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 conversations

What the AI Can Do

• Analyse 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 communication

What 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 intentions

AI May Occasionally

• Provide inaccurate or inappropriate suggestions
• Misinterpret context or tone
• Suggest responses that don't match your style
• Miss cultural or contextual nuances

You should always review and personalise suggestions before using them, use your own judgment about what to send, communicate authentically in your own voice, and seek human advice for complex or sensitive situations.

Bias 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 improvement

However: we cannot eliminate all bias; AI may reflect societal biases present in training data; users should report concerning patterns.

Human Review and Recourse

You can:

• Report problematic AI suggestions to info@datesmarter-ai.com
• 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 behaviour

We will investigate reports of problematic AI behaviour, provide explanations of how suggestions were generated (where feasible), take corrective action for systematic issues, and continuously improve AI quality and safety.

Plans

DateSmarter offers four plans. Exact limits and prices are shown in the app before you purchase, and may be refined before full launch.

• Free, swipe, match and message, with a daily allowance of AI coaching, plus standard likes and filters. No payment required.
• Pro, a monthly allowance of AI Suggestions, more daily likes, see who liked you, and advanced filters and Discover.
• Pro+, everything in Pro, a higher monthly allowance of AI Suggestions, and unlimited likes.
• Gold+, everything in Pro+, our highest monthly allowance of AI Suggestions, and priority access to new features.

Billing

• Subscriptions auto-renew monthly unless cancelled
• You can cancel at any time through account settings: Settings to Subscription to 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 processors

Refund 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 termination

To Request a Refund: Email info@datesmarter-ai.com with your account email, transaction date and amount, reason for refund request, and description of any technical issues. We 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, and provided within a reasonable time. If 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.

Your privacy is important to us. Our Privacy Policy explains what data we collect, how we use and protect your data, your rights and choices, and how to exercise your rights. By 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 time

Data 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 analytics

For full details, see our Privacy Policy.

Transactional 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 Policy

These 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 content

You 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 to Notifications, or contact info@datesmarter-ai.com to update preferences.

Anti-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 promptly

In-App Notifications

• Push notifications for matches, messages, and app activity
• Can be disabled in device settings or app Settings to Notifications

Third-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 services

We 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, or the availability or reliability of third-party services.

We are NOT affiliated with, endorsed by, or connected to:

• Match Group, Bumble Inc., or any other dating apps
• Social media platforms (Instagram, TikTok, Twitter/X)
• Any third-party service providers

Third-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, or accept liability for their practices.

We encourage you to review their privacy policies before using their services, understand what data they collect, and make informed choices about sharing your information. When you use third-party services you are subject to their terms and policies, we have no control over their data practices, and your interactions are between you and them.

THE 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-date

Content 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, and subject to change without notice.

You should seek professional advice for important decisions, verify information independently, and not rely solely on DateSmarter for critical life decisions.

Dating and Relationship Disclaimer

We do NOT guarantee that you will find a romantic partner, compatibility with any match, the accuracy of user profiles, the behaviour or intentions of other users, or 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, and DateSmarter cannot screen all users or verify all information.

New 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.

To 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 harm

Specific 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 us

Maximum 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 NZD.

Exceptions

These limitations do NOT apply to liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or liability that cannot be excluded or limited under New Zealand law.

New 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 law, and the above limitations apply to the maximum extent permitted by law.

You 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 provide

This indemnification obligation survives termination of your account or these Terms, includes the cost of investigating and defending claims, and applies even if the claim is unsuccessful.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, require your cooperation in defending any claim, and settle claims at our discretion (we will notify you).

We 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 misconduct

With 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 Service

At any time, for any reason, with or without notice, we reserve the right to refuse service to anyone and may terminate accounts at our discretion.

You May Terminate

• Delete your account at any time through Settings to Account to Delete Account
• Stop using the Service at any time
• Contact info@datesmarter-ai.com for assistance with account deletion

Upon 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 info@datesmarter-ai.com

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 violations

Governing 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.

Step 1: Informal Resolution

Before taking any legal action, you agree to first contact us at info@datesmarter-ai.com 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 possible

We will respond within 10 business days and work with you in good faith to resolve the issue.

Step 2: Formal Complaint and Escalation

If informal resolution is unsuccessful, you may file a formal complaint:

• Email info@datesmarter-ai.com with "Formal Complaint" in the subject line
• Include all relevant information and correspondence
• Specify the resolution you are seeking

We will acknowledge your complaint within 5 business days, investigate the matter thoroughly, provide a detailed response within 20 business days, and offer a resolution or explanation.

Step 3: Mediation

If 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 prejudice

Step 4: Arbitration or Court

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 Zealand

Class 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 Terms

Time Limitations

You must bring any claim within 12 months of the date the claim arose, or it is waived.

Entire 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; and the remaining provisions remain in full force and effect.

No 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, or transfer your account to another person. We may assign these Terms to any successor, affiliate, or acquirer, transfer our rights and obligations under these Terms, and delegate our obligations to service providers. Any 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 incidents

During 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, and 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 and Language

Section headings are for convenience only and do not affect the interpretation of these Terms. These Terms are drafted in English. If translated into another language, the English version prevails in case of conflict.

Notices

We may provide notices to you by email to the address associated with your account, by posting on our website or in the app, or by in-app notification. Notices by email are deemed received when sent to the email address on file. You may provide notices to us by email to info@datesmarter-ai.com or by mail to DateSmarter Limited, Auckland, New Zealand. Notices 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.

We 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 Service

Your 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 to Account to Delete Account)
• You can contact us with concerns at info@datesmarter-ai.com before changes take effect
• For material changes with 30 days' notice, you can terminate without penalty during the notice period

Effective Date of Changes

Updated Terms take effect 30 days after notification for material changes and immediately for minor changes.

Previous Versions

We maintain a record of previous versions of our Terms, available on request by emailing info@datesmarter-ai.com, showing the history of changes and effective dates.

We take complaints seriously and are committed to resolving issues fairly and promptly.

Step 1: Initial Complaint

Email info@datesmarter-ai.com 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 seeking

Step 2: Acknowledgment

• Acknowledge your complaint within 5 business days
• Assign a reference number
• Confirm receipt and next steps

Step 3: Investigation

• Investigate the matter thoroughly
• Review relevant records, logs, and evidence
• Contact you for additional information if needed
• Consider your proposed resolution

Step 4: Response

• 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 timeline

Step 5: Escalation (if unresolved)

• Request escalation to a senior manager
• We will review the matter independently
• Provide a final decision within 10 business days

External 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; www.disputestribunal.govt.nz; 0800 268 787) or the Commerce Commission (for issues related to the Fair Trading Act or Consumer Guarantees Act; www.comcom.govt.nz; 0800 943 600). You may also seek legal advice; legal aid may be available for eligible individuals.

Complaint 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, and seek external resolution.

Beyond 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 ban

If You Encounter an Underage User

Report immediately to info@datesmarter-ai.com with the username or profile link, the reason you believe they are underage, and any relevant screenshots (do not engage with the user). We will investigate within 24 hours and take appropriate action.

Questions about these Terms? Email:

• General inquiries: info@datesmarter-ai.com
• Legal matters: info@datesmarter-ai.com
• Complaints: info@datesmarter-ai.com (include "Complaint" in subject)
• Terms questions: info@datesmarter-ai.com (include "Terms" in subject)

Website: datesmarter-ai.com

Mailing Address: DateSmarter Limited, Auckland, New Zealand

Response 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.