Last Updated July 2022
Right to Cancel
Welcome and Introduction to Tawkify
The Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Tawkify’s direct competitors are prohibited from accessing the Services, except with Tawkify’s prior written consent. This Agreement was last updated on July 15, 2022. It is effective between you and Tawkify as of the date of this contract.
If at any time you do not comply with these requirements, you must delete your account immediately. In addition, if Tawkify learns that you do not comply with the requirements above or that you provided false or misleading information, Tawkify will delete your account.
YOU UNDERSTAND AND AGREE THAT TAWKIFY IS NOT OBLIGATED TO CONDUCT CRIMINAL BACKGROUND SCREENINGS OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR TO OTHERWISE INQUIRE INTO THE BACKGROUNDS OF ITS USERS AS DEFINED BELOW, (“BACKGROUND CHECKS”), ALTHOUGH IT MAY DO SO AT ITS DISCRETION. TAWKIFY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF TAWKIFY’S USERS. HOWEVER, WE RESERVE THE RIGHT TO CONDUCT—AND YOU HEREBY AUTHORIZE US TO CONDUCT—ANY BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) ON YOU AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF WE DECIDE TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE US TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. TAWKIFY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR ACCOUNT, WITHOUT REFUND, IN THE EVENT THAT ANY BACKGROUND CHECK WE CONDUCT ON YOU SHOWS THAT YOU ARE NOT ELIGIBLE FOR THE SERVICES OR ARE NOT IN COMPLIANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT TAWKIFY CONDUCTS A BACKGROUND CHECK ON YOU TAWKIFY WILL HAVE NO OBLIGATION TO PROVIDE YOU WITH A COPY OF SUCH BACKGROUND CHECK OR ANY OTHER SCREENING MATERIALS OR ANY OTHER INFORMATION RELATED THERETO AND TAWKIFY RESERVES THE RIGHT TO MAKE CHANGES TO YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO REVOKING ACCESS TO THE SERVICE OR TERMINATING YOUR ACCOUNT BASED ON THE RESULTS OF SUCH BACKGROUND CHECK.
To fully utilize or access the Services, you must purchase from one (1) of two (2) types of User subscriptions to our Services to become a User (“User”) as outlined below.
In addition, you may also be invited by a Tawkify matchmaker to establish a subscription that is free of charge and allows you ("Recruit") to be included in the Tawkify database for matching with Tawkify Clients. (“Recruit Subscription”). Recruits are screened for planned dates with Clients and may, but are not guaranteed to, receive post-date feedback. Dates are not guaranteed. A Recruit Subscription may be upgraded to a Client Subscription or Membership Subscription at any time.
Some of Tawkify’s subscriptions for services may be subject to automatic renewal of the subscription, e.g., a month-to-month subscription with automatic renewal, or an annual subscription with automatic renewal. IF YOU PURCHASE A SUBSCRIPTION SUBJECT TO AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL RENEW FOR ANOTHER TERM OF THE SAME DURATION AT TAWKIFY’S THEN-CURRENT RATES FOR SUCH SUBSCRIPTION, UNLESS YOU ACTIVELY CANCEL THE SUBSCRIPTION. To avoid charges for a new subscription period, you must cancel the subscription before the end of the then-current subscription period by sending an email indicating your intent to cancel your subscription to the Tawkify Customer Success Team (“Customer Success”) at email@example.com. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but you will not be eligible for a prorated refund, and your subscription will not be renewed when that period expires. You will be given notice of changes in the pricing of your subscription and an opportunity to cancel. If Tawkify changes these prices and you do not cancel your subscription, you agree that you will be charged at Tawkify’s then-current pricing for the subscription.
Tawkify's Cancellation and Refund Policy sets forth your sole and exclusive remedy and Tawkify's sole liability for any dissatisfaction you may have with any of the Services.
You are responsible for keeping your password for the Website confidential. You are responsible for all actions and activities that occur under your username and password. Tawkify will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you log out of your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you will immediately notify Tawkify.
As a User, you will be auto-subscribed to our weekly blog email. You may unsubscribe from the blog at any time, but we will continue to send you any Service-related messages. We may use your email address, phone number, or Tawkify account to contact you about important changes to the Services or special offers. By registering as a User, you hereby consent to receive text messages and/or phone calls in connection with the provision of the Services. Standard messaging and data rates may apply. You must notify us in advance if you cancel or change your mobile phone number attached to your account. To do so, please contact the Customer Success at firstname.lastname@example.org.
We reserve the right to publish non-identifying quotes and remarks from your date feedback or matchmaker reviews at any time and without notice. Attribution is limited to first name, age, city and/or membership level unless permission for complete attribution has been provided in advance.
Successful matchmaker collaborations are only possible when Clients trust their matchmakers' strategies and choices. If: (a) you consistently or repeatedly refuse an introduction to selected matches; (b) you exhibit a problematic or repeated lack of availability to either the matchmaker or to your matches; (c) matches report to us that you behaved poorly; (d) you provided false or misleading information to either us or to selected matches; (e) you consistently engage in poor conduct towards your matchmaker; or (f) you violate any of the terms of any of your agreements with us, we will work with you in good faith to try to promptly resolve such issues. However, if we are unable to resolve these issues with you, we reserve the right to terminate your account. You will then lose any unused matches and you will not be entitled to a refund for the Services.
The Tawkify team periodically reviews our clients' experiences and we may reach out to facilitate a matchmaker change to improve your overall experience or provide a fresh perspective. To explore a matchmaker change at any time, contact Customer Success at email@example.com.
YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. BACKGROUND RESEARCH AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY. IF YOU ARE IN IMMEDIATE DANGER, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY SERVICES NUMBER. IF YOU’VE HAD A BAD EXPERIENCE WITH A MATCH OR USER FROM TAWKIFY, WE ENCOURAGE YOU TO REPORT THOSE INCIDENTS OR INDIVIDUALS TO OUR TRUST & SAFETY TEAM, SO WE CAN FURTHER INVESTIGATE AND TAKE ACTION: SAFETY@TAWKIFY.COM. WE ENCOURAGE YOU TO PRACTICE THE FOLLOWING SAFETY GUIDELINES, AMONG OTHER PRECAUTIONS:
Tawkify makes no guarantees, warranties, or representations as to the actions or conduct of its Users. Except as specifically offered with your package, Tawkify makes no guarantees as to the number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future Users. In absolutely no event shall Tawkify be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and Users of the Services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other Users of the Services; this is especially important if you decide to meet with other Users in person. In absolutely no event shall Tawkify be held liable for any damages, in any form, arising out of or relating to your or anyone else’s conduct in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, or accidental arising out of or relating to your or anyone else’s conduct in connection with the Services.
We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other Users of the Services.
The following is a list of rules that govern your conduct in connection with your use of the Services. You represent, warrant and agree that:
Any content, words, photographs, messages, or other information (collectively, "Content") provided to us through the Website shall remain your sole and exclusive property. You are responsible for all of the Content that you provide, publish, display, or upload in connection with your use of the Services. You are also responsible for any Content that you provide or transmit to other users. You agree that you will not provide any inaccurate, misleading, or false information to Tawkify or any other User. If information provided to Tawkify or another User subsequently becomes inaccurate, misleading or false, you will immediately notify Tawkify of such change.
All information you provide to us must be accurate, current, and complete. You may not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material and doing so may result in Tawkify terminating your account without a refund. Also, you may not provide, publish, display, or transmit any material that infringes or violates another party's rights (including but not limited to intellectual property rights, rights of privacy, rights of publicity, and copyright rights). We encourage you to report to us any inappropriate Content or misconduct that you become aware of on the Website and/or Services.
By providing Content to Tawkify, you are granting, and represent and warrant that you have the right to grant Tawkify, an irrevocable, perpetual, transferable, sub-licensable, non-exclusive, fully paid, royalty-free, worldwide license to host, store, use, integrate in other works, copy, alter, adapt, edit, display, publish, reproduce, translate, and market such Content for the purposes of allowing us to provide the Website and the Services hereunder or for otherwise fulfilling our obligations under this Agreement. You agree that use of such Content by Tawkify in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party and shall indemnify us as set forth in Section 14 below in the event the Content does so.
You agree not to post, publish, display, reproduce, or transmit any Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If your Services are terminated for violating this Section, then you will forfeit unused services and not be entitled to a refund. If you believe that someone or some entity has copied or posted your work or proprietary information in association with Tawkify and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
A written statement made by you, under penalty of perjury that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.
Send claims by email to: firstname.lastname@example.org
Or by mail to:
Tawkify, Inc. Copyright Agent
3 Germay Dr, Unit 4 #2488,
Wilmington, DE 19804.
Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of Tawkify. We own, control, or retain licenses to all proprietary rights in the Website and the Services. You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless the information is in the public domain or we have given you explicit written permission. No rights are granted to you hereunder other than as expressly set forth herein.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Website or the Services (collectively "Feedback"), we may use the Feedback to modify our Website or the Services, and you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
Tawkify does not warrant, and is not responsible for, any inaccurate or incorrect Content that is provided or transmitted by our Users, or that is associated with the Website or Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any User of the Website or the Services. We are not responsible for any errors or delays in communications between Users. We are not responsible for the Content of messages, or in-person communications, between Users. We are also not responsible for any unauthorized access to the accounts of our Users. Tawkify is not responsible for any damage to Users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services.
As confident as we are in our matchmaking abilities, Tawkify does not guarantee that using the Services will result in meeting someone offline or online, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. Tawkify does not guarantee your compatibility with any other users of the Services, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
YOU UNDERSTAND AND AGREE TO USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK. TAWKIFY'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TAWKIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY TAWKIFY AS WELL AS ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE TAWKIFY SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER TAWKIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TAWKIFY BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER THIS AGREEMENT FOR DAMAGES THAT EXCEED THE AMOUNTS PAID BY YOU TO TAWKIFY UNDER THIS AGREEMENT.
THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Tawkify shall not be responsible or liable for any loss or damage of any sort incurred as the result of or in any way connected to any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that Tawkify is under no obligation to become involved.
Tawkify reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Services in its sole discretion, for any reason or for no reason, with or without notice, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Services. You agree that Tawkify shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Website or Services. Tawkify reserves the right to modify the Website whenever we choose, at our sole discretion.
TAWKIFY AND USER SHALL RESOLVE ANY DISPUTES BETWEEN THEM EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS TAWKIFY AND USER WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION OR A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Arbitration is an alternative to litigation where a neutral person, the arbitrator, hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures apply to all arbitration proceedings involving Tawkify and User.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action, and that you shall not commence, maintain, or participate in any class action, class arbitration, or any other representative action or proceeding against Tawkify.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Tawkify shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, concerns or notices of violation of these terms, please email Customer Success at email@example.com or contact us by mail at:
3 Germay Dr,
Unit 4 #2488,
Wilmington DE 19804.
Copyright © 2021 Tawkify, Inc.