Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Dutiap application and (the "Service") operated by Dutiap inc. located at 651 N. Broad St. suite 206, Middletown, DE 190709 ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By creating a Service account, you agree to these Terms of use and Privacy Policy. If you disagree with any part of the terms, then you do not have permission to access the Service.
Service is a service that facilitates communication between mutually interested users. Users use left or right swipes to “like” or “dislike” photos of other users and potentially match with them. Users can also rate photos of other users.
Chatting on Service is only available between two users who have swiped right on one another's photos and matched.
To use the Service, you need to create an account.
You are responsible for maintaining the confidentiality of your Service login credentials and for all activities that occur under those credentials.
If you think someone has gained access to your account, please immediately contact us via [email protected].
You must be at least 18 years of age to create an account on the Service and use the Service.
By creating an account and using the Service, you warrant that you have never been convicted of a felony or indictable offense, a sex crime or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Being a part of Service community, you shall not:
In case of violation, your account may be blocked and you may be reported to the authorities for any illegal actions.
We encourage a respectful member experience through features like the double opt-in (when both users swipe right) that allows members to communicate only after they have both indicated interest in one another.
It is not responsible for the conduct of any member on or off of the Service.
You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.
You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
Any software that we provide, you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You shall not, directly or indirectly:
In consideration for Service allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service.
By creating an account, you grant to Service a non-exclusive, worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, edit and publish information you authorize to us and the device you use to register and any information you post, upload, display or otherwise make available ("post") on the Service or transmit to other members ("Content").
You grant to Service an exclusive license with respect to derivative works created through use of the Service. For example, Service shall have an exclusive license to screenshots of the Service that include your Content.
You authorize Service to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties.
You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to the Service.
You understand and agree that we may delete any Content, in whole or in part, that at our sole discretion violates these Terms or may harm the reputation of the Service.
We may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to:
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service of your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Dutiap inc. and its licensors.
The Service is protected by copyright, trademark, and other laws around the world. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Our Service may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of these entities/individuals or their websites.
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We are always striving to improve the Service and bring you additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features.
If these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.
We may suspend the Service entirely. In this case we will notify you in advance unless safety or security concerns prevent us from doing so.
You may terminate your account at any time, for any reason, by following the Service instructions.
We may terminate your account at any time, without prior notice or liability if we believe:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
In no event shall our company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Our company, subsidiaries, affiliates and its licensors do not warrant that:
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures.
The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court.
If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed.
If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court.
Such arbitration shall be conducted by written submissions only, unless either you or Service elect to invoke the right to an oral hearing before the Arbitrator.
But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against the Service.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding.
If you assert a claim against Service outside of small claims court (and Service does not request that the claim be moved to small claims court), your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute.
You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings, along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts of Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
The online dispute settlement platform of the European Commission is available under [http://ec.europa.eu/odr] (http://ec.europa.eu/odr). Dutiap does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Delaware, U.S.A., excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Delaware governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Service that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Delaware, U.S.A. You and Service consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If the changes take place, we will notify you at least 30 days in advance (unless we’re unable to do so under applicable law) by reasonable means.
If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You may contact us regarding the Service or these Terms at: [email protected].