Terms of Service
Please read these Terms of Service ("Terms") carefully. They form a binding agreement between you and Odd Pear Studio, LLC ("Odd Pear Studio," "we," "us," or "our") governing your access to and use of our website (oddpearstudio.com) and our mobile application, Twyne (together, the "Service"). By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy.
1. Eligibility
To use the Service, you must:
- Be at least 18 years old;
- Reside in, and access the Service from, the United States;
- Not have been convicted of, or pled no contest to, a felony, a sex crime, or any crime involving violence, and not be required to register as a sex offender in any jurisdiction;
- Not be a person barred from using the Service under applicable law;
- Not have been previously suspended or removed from the Service by us.
You may maintain only one active account, and you are responsible for ensuring the information you provide is truthful and accurate.
2. The Service
Twyne is a dating application designed to help members form intentional connections. We may add, change, or discontinue features of the Service at any time, with or without notice.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@oddpearstudio.com if you suspect unauthorized use of your account.
4. Member Conduct
You agree not to:
- Harass, threaten, stalk, or abuse other members;
- Impersonate any person, or misrepresent your identity, age, or affiliation;
- Solicit money, gifts, or financial information from other members, or engage in any form of scam;
- Post content that is unlawful, obscene, hateful, discriminatory, or that infringes another person's rights;
- Use the Service for commercial solicitation, spam, or unauthorized advertising;
- Use bots, scrapers, or other automated means to access the Service;
- Attempt to circumvent any safety, security, or content-moderation feature;
- Create multiple accounts to evade a suspension or ban;
- Violate any applicable law.
We may investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement.
5. Online Dating Safety
We do not conduct criminal background checks on members and do not verify the accuracy of information members provide. You are solely responsible for your interactions with other members. Please review the safety tips in our Privacy Policy, exercise caution, and use good judgment when communicating with or meeting other members, on or off the Service. Odd Pear Studio is not responsible for the conduct of any member, on or off the Service.
6. Content You Provide
You retain ownership of the photos, messages, and other content you submit to the Service ("User Content"). By submitting User Content, you grant Odd Pear Studio a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, and distribute your User Content solely to operate, provide, promote, and improve the Service. You represent that you own or have the necessary rights to the User Content you submit, and that it does not infringe any third party's rights.
If you believe content on the Service infringes your copyright, send a notice to hello@oddpearstudio.com including the information required under the Digital Millennium Copyright Act. [To get full DMCA §512 safe-harbor protection, register a designated copyright agent with the U.S. Copyright Office's online directory — this is a separate step from writing this clause.]
7. Subscriptions and Billing
Twyne may offer paid subscriptions, purchased through the Apple App Store or Google Play. By purchasing a subscription, you agree that:
- Your subscription automatically renews at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the renewal date;
- You must cancel through your Apple or Google account settings — we cannot process cancellations directly;
- Payments are handled entirely by Apple, Google, and, for Android billing management, RevenueCat; refunds are governed by the applicable app store's refund policy;
- We may change subscription pricing, with notice as required by law, effective for your next renewal period.
8. Intellectual Property
The Service, including its trademarks, logos (including the Odd Pear Studio and Twyne names and logos), and all related content we create, is owned by Odd Pear Studio or our licensors. We grant you a limited, personal, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Service except as permitted by these Terms.
9. Termination
We may suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason, at our sole discretion. You may delete your account at any time within the app. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 8, 10, 11, and 13) will survive.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU WILL FORM ANY PARTICULAR CONNECTION OR RELATIONSHIP THROUGH THE SERVICE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ODD PEAR STUDIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).
12. Indemnification
You agree to indemnify and hold harmless Odd Pear Studio, its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.
13. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes that qualify for small claims court, you and Odd Pear Studio agree to resolve any dispute arising from these Terms or the Service through binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.
Class Action Waiver: You and Odd Pear Studio agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, collective, or representative action.
Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@oddpearstudio.com with your name and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Louisiana, and you and we each waive any right to a jury trial.
If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect, except that the Class Action Waiver may not be severed from the arbitration agreement.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Louisiana, without regard to its conflict-of-laws principles. Subject to Section 13, you agree to the exclusive jurisdiction of the state and federal courts located in Louisiana.
15. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you by email, in-app notice, or by posting the updated Terms with a new effective date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. General
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Odd Pear Studio regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.
- No Waiver: Our failure to enforce any provision is not a waiver of that provision.
- Assignment: We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our consent.
- Electronic Communications: You consent to receive communications from us electronically, and agree that such communications satisfy any legal requirement that they be in writing.
17. Contact Us
Questions about these Terms? Contact us at hello@oddpearstudio.com.
Odd Pear Studio, LLC
[Louisiana — registered mailing address to be added once the LLC is formed]