Terms of Service
Cykee — Terms of Service
Effective Date: [DATE] Last Updated: [DATE]
SUMMARY (for user-facing top of page)
A quick read of what matters most:
- You must be 18 or older to use Cykee.
- You agree to be honest about who you are and treat other people with respect.
- We don't run background checks on users. Always use your own judgment when meeting someone in person.
- Cykee's AI features (Cupido and Practice mode) are tools, not licensed professionals. Don't rely on them for medical, legal, or therapy decisions.
- Gift purchases are generally non-refundable. Special rules apply in certain states and countries.
- Section 20 contains a binding arbitration clause and class-action waiver. Read it before accepting.
1. INTRODUCTION & AGREEMENT
These Terms of Service ("Terms," "Agreement") form a binding legal contract between you ("you," "user") and [LEGAL_ENTITY_NAME], a [STATE] limited liability company ("Cykee," "we," "us," "our"). They govern your access to and use of:
- The Cykee mobile application (the "App")
- Any websites, services, or features Cykee operates (collectively with the App, the "Service")
By creating an account, signing in, downloading the App, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by:
- These Terms of Service
- Our [Privacy Policy]
- Our [Cookie Policy]
- Our [Community Guidelines]
- Our [Safety Tips]
- Any additional terms presented to you at the time of a specific purchase or feature
If you do not agree to any part of these Terms, do not access or use the Service.
Contracting Entity:
- If you reside in the United States, your contract is with [LEGAL_ENTITY_NAME], a [STATE] LLC, with a business address at [BUSINESS_ADDRESS].
- If you reside outside the United States, your contract is also with [LEGAL_ENTITY_NAME] except where local law requires otherwise.
2. ELIGIBILITY
To use the Service, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
- You are not on any sanctions list maintained by the U.S. Treasury Department, including the Specially Designated Nationals (SDN) list.
- You are not located in a country subject to a U.S. government embargo or designated as supporting terrorism.
- You have never been convicted of a felony, a sexual offense, or a crime involving violence or the threat of violence.
- You are not required to register as a sex offender on any federal, state, local, or international registry.
- You have not previously had a Cykee account permanently terminated by us, unless we have given written permission for re-registration.
- You will maintain one active account at a time.
If at any point you no longer meet these requirements, your authorization to use the Service is automatically revoked, and we may terminate your account without prior notice.
3. YOUR ACCOUNT
3.1 Account creation
You may create a Cykee account using a mobile phone number, email address, or supported third-party sign-in (such as Apple ID or Google). You agree to provide accurate and complete information during registration and to keep it updated.
3.2 Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately at support@cykeeapp.com of any suspected unauthorized access
We are not liable for losses caused by unauthorized account access resulting from your failure to safeguard your credentials.
3.3 Age verification
We may, at our discretion, require you to verify your age and identity using a third-party identity-verification service (such as Stripe Identity, Persona, or Onfido). Failure to complete verification when requested may result in account suspension or termination.
3.4 One account per person
You may not maintain more than one active Cykee account. Creating a duplicate account, including after a ban or suspension, is a violation of these Terms.
4. THE CYKEE SERVICE
4.1 What Cykee is
Cykee is a dating service that allows users to:
- Create profiles with photos and voice introductions
- Browse and discover other users
- Send and receive date requests
- Participate in 38-minute timed in-app "dates" during which profile photos progressively reveal
- Cast a mutual-match vote within 60 minutes after a date ends
- Send physical gifts to matched users via our gift partner, Goody (operating at ongoody.com)
- Use AI-powered conversational practice features ("Cupido" and "Practice mode") powered by Google Gemini and other AI providers
4.2 What Cykee is NOT
Cykee is not:
- A licensed therapy, counseling, or mental-health service
- A financial advisory or legal advisory service
- A background-check or identity-verification service for other users
- A guarantor of the conduct, character, or intentions of any user
- A matchmaking service offering any guarantee of romantic outcome
You acknowledge that meeting people online carries inherent risk, and you assume full responsibility for your interactions both on and off the Service.
4.3 Service availability and changes
We reserve the right to:
- Modify, suspend, or discontinue any feature of the Service at any time, with or without notice
- Introduce mandatory features designed to improve safety, security, or quality of the Service
- Restrict access to the Service in specific countries or regions, including for legal or operational reasons
5. ACCEPTABLE USE
5.1 You agree to
- Use the Service in good faith and for its intended purpose: finding genuine romantic connections
- Treat all other users and Cykee staff with respect
- Comply with all applicable laws, including data-protection, anti-spam, intellectual property, and consumer-protection laws
- Use the latest available version of the App
- Review and follow our Community Guidelines and Safety Tips
- Report any user, content, or behavior that violates these Terms
5.2 You agree NOT to
- Misrepresent your identity — no impersonation, no use of someone else's photos, no AI-generated portraits represented as you, no profiles for anyone other than yourself
- Use the Service for any purpose other than personal dating — no commercial solicitation, no escort or prostitution services, no recruiting for MLM, no political campaigning, no fundraising
- Harass, threaten, or harm any person — no stalking, doxxing, threats of violence, hate speech, or harassment of any user or protected class
- Share contact information before matching in a way designed to bypass our gift-sending or moderation features (see § 5.5 below)
- Solicit money, gifts, or services from another user outside the Cykee gift system, including loans, "sugar" arrangements, donations, or compensation of any kind
- Use bots, scripts, scrapers, or automation to access or interact with the Service
- Attempt to reverse engineer, decompile, disassemble, or circumvent any technical protection on the Service
- Create new accounts to evade a ban, suspension, strike, block, or restriction
- Submit false reports about other users or abuse the reporting system
- Misuse the AI features (Cupido, Practice mode) — including attempts at prompt injection, jailbreaking, generating content that violates these Terms, or pretending the AI's output is advice from a licensed professional
- Upload Prohibited Content as defined in § 5.3 below
- Interfere with the Service's operation — including denial-of-service attacks, spam, malware uploads, or activity that degrades performance for other users
5.3 Prohibited Content
You may not post, upload, or transmit content that:
- Is obscene, pornographic, sexually explicit, or contains nudity (full or partial)
- Depicts or implies a minor in any sexual or suggestive manner — this is an automatic and permanent ban with mandatory reporting to NCMEC
- Depicts violence, gore, weapons used to threaten, self-harm, or eating-disorder promotion
- Contains hate speech, slurs, or content that promotes discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic
- Promotes illegal activity, including drug sales, human trafficking, fraud, or terrorism
- Includes another person's image or likeness without their consent
- Infringes any third party's intellectual property rights (copyright, trademark, right of publicity)
- Contains malicious code, viruses, or any technical content designed to disrupt the Service
- Includes personal contact information, bank/payment details, or external URLs intended to redirect users off the Service
- Is defamatory, libelous, or knowingly false in a way that could harm another person
- Otherwise violates our Community Guidelines
5.4 AI-generated content
You agree not to upload to your profile any AI-generated portrait represented as a real photograph of you. AI may not be used to create a misleading identity, fake voice intro, or simulated photo of a person who does not exist.
5.5 Bypassing the gift / matching system
The Service is designed so that meaningful contact happens after matching. You agree not to deliberately attempt to share personal contact information (phone, email, social handles, external messaging apps) in chat or in your profile in a manner designed to evade our pattern-detection and gift mechanics. We may block, flag, or suspend accounts that systematically attempt to bypass these systems.
5.6 Consequences of violation
Violation of any provision of this Section 5 may result in, at our sole discretion:
- A warning
- Content removal or hiding
- Temporary suspension
- Permanent account termination without refund of any unused touches or recent purchases
- Reporting to law enforcement when required by law
6. USER CONTENT
6.1 Definitions
- "Your Content" means anything you upload, submit, record, or share via the Service — including photos, voice intros, soul cards, profile prompts, chat messages, gift messages, and reports.
- "Member Content" means content uploaded by other users.
- "Our Content" means everything else on the Service — design, code, AI prompts, trademarks, names, logos, and other Cykee-owned materials.
6.2 Your Content — ownership and license
You own Your Content. You grant Cykee a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, reproduce, display, transmit, modify (for format conversion, compression, and moderation), and otherwise use Your Content solely for the purpose of operating the Service for you and the users you choose to interact with.
This license:
- Includes the right to display Your Content to other users in the context of the Service
- Includes the right to run automated moderation, content scanning, and analytics on Your Content
- Includes the right to retain Your Content for the limited periods described in our Privacy Policy after account deletion (for trust-and-safety and legal-compliance purposes)
- Does NOT include the right to use Your Content for external advertising, third-party marketing, or training generative AI models without your separate, explicit consent
The license terminates when you delete Your Content or your account, subject to the retention windows described in our Privacy Policy.
6.3 Your representations about Your Content
By submitting Your Content, you represent and warrant that:
- You own or have all necessary rights to share Your Content
- Your Content does not infringe any third party's copyright, trademark, right of publicity, or privacy
- Photos are of you, not someone else, not AI-generated, and reasonably current (within the past 2 years recommended)
- Voice intros are recorded by you, not by another person or generated by AI
6.4 Member Content
You do not own Member Content. You may view it only within the Service and only for personal, non-commercial purposes. You may not:
- Screenshot, save, or distribute Member Content outside the Service
- Use Member Content for any commercial purpose
- Use Member Content to harass, stalk, threaten, or "out" another user
6.5 Our Content
The Cykee name, logo, app design, source code, AI system prompts, marketing materials, and all related intellectual property are owned by us or our licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes only.
6.6 Feedback
If you send us suggestions, ideas, or feedback ("Feedback"), you agree that we may use them without compensation or attribution, and you waive any rights you may have in such Feedback.
7. REPORTS, MODERATION, AND ENFORCEMENT
7.1 Our moderation approach
We use a combination of:
- Automated systems (including text classifiers, image moderation, AI moderation, and pattern detection)
- User reports submitted via the in-app Report function
- Manual review by our trust-and-safety team
7.2 What we may do
In response to violations, we may, at our sole discretion:
- Remove or hide content
- Issue warnings to a user
- Temporarily limit account functionality
- Suspend an account temporarily
- Permanently terminate an account
- Report to law enforcement when legally required (mandatory for child sexual exploitation material)
- Coordinate with other dating platforms to share trust-and-safety signals where permitted by law
7.3 Reports
You may report another user, profile, message, or piece of content via the in-app Report function. When you submit a report, you confirm that you do so in good faith.
Three independent reports against the same user automatically hide that user's profile pending manual review.
Submitting reports in bad faith — for example, to harass a user you disagree with — is itself a violation of these Terms and may result in action against you.
7.4 Appeals
If we take action against your account or content and you believe it was in error, you may appeal by emailing support@cykeeapp.com with the relevant details. We will respond within 7 business days. Our decision on appeal is final unless overturned by binding arbitration under Section 20.
8. DATE REQUESTS AND THE NO-SHOW STRIKE SYSTEM
To protect users from no-shows and to maintain quality of the dating experience, Cykee operates an automated strike system.
8.1 How strikes accumulate
When you confirm a date request and then fail to attend the scheduled 38-minute in-app date, our server automatically issues a strike. Strike consequences:
| Strike | Consequence |
|---|---|
| 1 | Warning |
| 2 | 24-hour cooldown on new date requests |
| 3 | 72-hour cooldown |
| 4 | 7-day cooldown |
| 5 | 30-day cooldown |
| 6 | Permanent account termination |
8.2 Strike retention
Strikes accumulate for trust-and-safety purposes and are retained per the periods described in our Privacy Policy.
8.3 Appealing a strike
You may appeal a strike you believe was issued in error by emailing support@cykeeapp.com with the date request ID. We will respond within 5 business days.
9. GIFTS AND PAYMENTS
9.1 How gifting works
After two users successfully match, the user who originated the date request may optionally send the other a physical or digital gift via our gift partner, Goody, operating at ongoody.com ("Goody").
9.2 Total amount you pay
The total charge for a gift is the sum of:
- The product price displayed in the Cykee gift catalog (which reflects Goody's pricing)
- A $6.99 Cykee delivery fee per gift
Your payment method is charged once at the time you confirm the order. Both portions are generally non-refundable once the gift order is placed (see § 9.5).
9.3 Delivery process
When you place a gift order:
- Goody emails the recipient using the email on file with Cykee
- The recipient enters their own shipping address directly on Goody's site — Cykee never sees or stores the recipient's shipping address
- Goody fulfills, ships, and provides tracking
- The recipient sees the specific gift you selected; gift swap is disabled so your gift arrives as intended
9.4 Eligibility to send a gift
You may only send a gift to a user with whom you have matched. Sending gifts to non-matched users or to anyone who has not affirmatively consented to receive contact from you is prohibited.
9.5 Refunds
Gift purchases are non-refundable except in the following limited cases:
- Failed shipment caused by Goody: full refund including the $6.99 Cykee delivery fee
- Recipient never enters a shipping address and the order auto-cancels: full refund including the delivery fee
- Confirmed fraud (e.g., account takeover): refund at Cykee's good-faith discretion
- Where required by applicable state or country law (see Sections 24 and 25)
Stripe payment-processing fees are not recoverable and will not be refunded.
9.6 Payment processors
Payments are processed by Stripe, Inc. and (for some flows) Apple or Google. Gift fulfillment is operated by Goody. By making a purchase, you also agree to:
- Stripe's terms at stripe.com/legal
- Goody's terms at ongoody.com/terms
- Apple's or Google's payment terms, where applicable
We are not responsible for the actions or policies of these third-party processors.
9.7 In-app purchases via Apple or Google
If you make a purchase through the Apple App Store or Google Play Store, that purchase is subject to the platform's terms in addition to ours. Refund requests for those purchases must generally be made through Apple or Google directly.
9.8 Chargebacks
If you initiate a chargeback or payment reversal for a Cykee charge that we determine was legitimate, we may terminate your account immediately at our discretion.
10. THE CUPIDO TOUCH ECONOMY
10.1 What touches are
"Touches" are the in-app currency used to access certain Cupido AI features. Each message you send to Cupido costs 1 touch from your balance.
10.2 How you receive touches
- Signup grant: 1,000 free touches upon account creation
- No-match consolation: +500 touches if your match vote results in a no-match
- Referral grants: variable amounts when a referred user completes signup
- Promotional grants: amounts and conditions disclosed at the time of the promotion
10.3 Limitations on touches
Touches:
- Have no cash value
- Are non-transferable between accounts
- Cannot be redeemed for cash, merchandise, or any item outside the App
- Are non-refundable, including upon account deletion or termination
- Are a limited license to use Cupido features, not property
We may adjust the touch cost per Cupido message, the grant amounts, and the rules for earning touches at any time. Material reductions will be announced in-app before they take effect.
11. AI FEATURES AND DISCLAIMER
11.1 What our AI features are
Cykee uses AI Technology — currently powered by Google Gemini and other providers — in the following features:
- Cupido: a conversational AI dating coach
- Practice Mode: an AI dialog partner that simulates conversation with a profile you select, for practice purposes
- Moderation systems: automated classifiers that detect prohibited content
- Matching and discovery: automated systems that order profiles for you
11.2 What our AI features are NOT
Our AI features are NOT:
- Licensed therapists, counselors, psychologists, or mental-health professionals
- Lawyers or legal advisors
- Medical, financial, or relationship-safety advisors
- A guarantee of any specific outcome
- A substitute for human connection, professional advice, or qualified support
11.3 Accuracy of AI output
AI output may be:
- Inaccurate, incomplete, or out of date
- Biased or reflect the limitations of the underlying training data
- Surprising or inconsistent across sessions
You agree:
- Not to rely on AI output for decisions about your health, finances, legal situation, immigration status, or safety
- Not to represent AI output as advice from a licensed professional
- That if you are in crisis, you will contact a qualified professional or crisis line (in the United States, you may text HOME to 741741, call or text 988, or visit your nearest emergency room)
11.4 Your content and AI training
We do not use Your Content to train external generative AI models without your separate, explicit consent. We may use Your Content within the Service for content moderation, matching, and product improvement. See our Privacy Policy for full details.
12. INTELLECTUAL PROPERTY
12.1 Cykee IP
The Cykee name, logo, App design, user interface, source code, AI system prompts, "Cupido" brand, "Cykee" marks, and all related materials are owned by us or our licensors. All rights are reserved.
12.2 License granted to you
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-transferable, non-exclusive license to download and use the App on devices you own or control, solely for your personal, non-commercial use.
12.3 Restrictions on your use
You may not:
- Copy, modify, distribute, sell, or lease any part of the Service
- Create derivative works based on the Service
- Reverse engineer or attempt to extract source code from the App, except where applicable law expressly permits despite this contractual restriction
12.4 Trademark notice
"Cykee," "Cupido," the Cykee logo, and other Cykee marks are trademarks of [LEGAL_ENTITY_NAME]. Other trademarks referenced in the Service belong to their respective owners.
13. THIRD-PARTY SERVICES
The Service integrates with third-party services including, but not limited to:
- Stripe (payment processing)
- Goody (gift fulfillment)
- Apple and Google (app distribution, in-app purchases)
- Google Gemini and OpenAI (AI models for various features)
- Supabase (backend infrastructure)
- AWS (image moderation and storage)
- Stripe Identity / Persona / Onfido (age and identity verification)
Each of these services operates under its own terms and privacy policies. Cykee is not responsible for the practices of these third parties. Use of features that rely on third-party services may be subject to additional terms presented at the point of use.
14. ACCOUNT SUSPENSION AND TERMINATION
14.1 Termination by you
You may delete your Cykee account at any time via Profile → Delete Account in the App, or by emailing support@cykeeapp.com.
A 30-day grace period applies during which you may restore your account; after that, your data is hard-purged in accordance with our Privacy Policy.
Deleting your Cykee account does not cancel any subscription billed through Apple, Google, or another external service. You must cancel those separately through the platform.
14.2 Termination by us
We may suspend or terminate your account at our discretion if:
- You violate any provision of these Terms (particularly § 5 Acceptable Use)
- You accumulate 6 strikes under § 8
- 3 sustained reports under § 7 are validated against you
- You fail to verify your age when requested
- We determine you have created a duplicate or evasion account
- You engage in fraud, including bad-faith chargebacks
- Required by law or court order
- We determine your continued use poses a safety risk to others
14.3 Effect of termination
Upon termination:
- Your right to use the Service ends immediately
- Touches, gift credits, and unused features have no refund value
- Provisions of these Terms intended to survive (including Sections 5, 6, 14, 15, 16, 17, 18, 19, 20, 21, 22) remain in effect
15. NO BACKGROUND CHECKS — USER SAFETY
CYKEE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATIONS, OR SEX-OFFENDER REGISTRY CHECKS ON USERS BEYOND OUR STANDARD AGE-VERIFICATION SYSTEM. We make no representations or warranties about any user's identity, conduct, intentions, health, or background.
We reserve the right to:
- Conduct optional screenings (such as sex-offender registry searches against public records) at any time
- Authorize a consumer-reporting agency to verify your eligibility, if we choose to do so in the future
You are solely responsible for your interactions with other users. Always exercise caution, especially when meeting another user in person. Review our [Safety Tips] and consider:
- Meeting in a public place for the first time
- Telling a trusted friend or family member where you'll be
- Not sharing financial information or sensitive personal data
- Trusting your instincts and leaving if something feels wrong
Communications received through the Service, including notifications, may result from users engaging with the Service for improper purposes — including fraud, harassment, or other misconduct.
16. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, EXCEPT AS REQUIRED BY APPLICABLE LAW.
To the maximum extent permitted by law, CYKEE DOES NOT REPRESENT OR WARRANT THAT:
- The Service will be uninterrupted, error-free, secure, or available at all times
- Any defects in the Service will be discovered or corrected
- Any content obtained through the Service will be accurate, complete, current, or appropriate for your purpose
- Any user is who they claim to be, or that any user's intentions are genuine
- You will achieve any specific result from using the Service, including finding a match, partner, or relationship
- AI features will produce accurate, safe, or appropriate output in all cases
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply only to the extent permitted.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law:
17.1 Excluded damages
CYKEE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATING TO:
- Your access to or use of, or inability to access or use, the Service
- The conduct or content of any other user, on or off the Service
- Unauthorized access to or alteration of Your Content
- Any in-person meeting arranged through the Service
- Any third-party service integrated with the Service
Even if Cykee has been advised of the possibility of such damages.
17.2 Liability cap
CYKEE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF:
(a) The amount you have paid Cykee in the twelve (12) months preceding the event giving rise to the claim, OR
(b) One hundred U.S. dollars (US$100).
17.3 Jurisdictional limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
18. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cykee, our affiliates, and our and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or interaction with the Service
- Your violation of any provision of these Terms
- Your Content, including any claim that Your Content infringes a third party's rights
- Your conduct toward any other user, on or off the Service
- Your violation of any applicable law
Some jurisdictions limit the enforceability of indemnification clauses; in those jurisdictions, this Section applies only to the extent permitted by law.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect the intellectual property rights of others and respond to valid notices of claimed infringement under the DMCA, 17 U.S.C. § 512.
19.1 Submitting a DMCA notice
If you believe that content on the Service infringes your copyright, please send a written notice to our designated agent that includes:
- A physical or electronic signature of a person authorized to act for the copyright owner
- Identification of the copyrighted work claimed to be infringed
- Identification of the material claimed to be infringing, with information reasonably sufficient for us to locate it (such as a profile URL, screenshot, or specific content reference)
- Your contact information: name, address, telephone number, and email
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the right allegedly infringed
19.2 Designated DMCA agent
Send DMCA notices to:
[LEGAL_ENTITY_NAME] – DMCA Agent [BUSINESS_ADDRESS] Email: dmca@cykeeapp.com
We will respond to valid notices and may remove or disable access to the allegedly infringing material. We will also terminate the accounts of repeat infringers in appropriate circumstances.
19.3 Counter-notification
If your content was removed pursuant to a DMCA notice and you believe the removal was in error, you may submit a counter-notification including the elements required by 17 U.S.C. § 512(g)(3).
20. DISPUTE RESOLUTION — MANDATORY ARBITRATION AND CLASS-ACTION WAIVER
20.1 Informal dispute resolution (required first step)
Before initiating arbitration or filing a small-claims action, you and Cykee agree to attempt to resolve any dispute informally for at least 60 days.
To initiate informal resolution, send a written notice to legal@cykeeapp.com that includes:
- Your full name
- The email and phone number associated with your account
- A detailed description of the dispute and the relief you seek
- Your signature (electronic or physical)
You and Cykee agree to negotiate in good faith during this 60-day period. The statute of limitations is tolled during informal resolution.
Completion of this informal process is a condition precedent to filing any demand for arbitration or small-claims action.
20.2 Binding individual arbitration
If the dispute is not resolved within 60 days, any remaining dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved exclusively by binding individual arbitration, except as expressly stated in Section 20.4.
Arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules if the amount in controversy is less than US$250,000, or the JAMS Comprehensive Arbitration Rules otherwise. The rules are available at jamsadr.com.
The arbitration will:
- Be conducted by a single neutral arbitrator
- Take place in [COUNTY], [STATE], or by video, at the arbitrator's discretion
- Apply the Federal Arbitration Act and the substantive law specified in Section 21
- Result in a written decision binding on both parties
20.3 Class-action waiver and jury-trial waiver
YOU AND CYKEE EACH AGREE THAT:
- All disputes will be brought solely in your individual capacity
- You waive the right to participate in any class action, class arbitration, consolidated action, or representative proceeding
- You waive the right to a jury trial
- The arbitrator may not consolidate claims from more than one user and may not preside over any form of class proceeding
If a court determines that the class-action waiver is unenforceable as to a specific claim or request for relief, that claim alone will proceed in court rather than arbitration; the rest of this Section 20 remains in effect.
20.4 Exceptions to arbitration
The following are NOT subject to arbitration:
- Claims that may be brought in small-claims court if filed in your individual capacity
- Claims for injunctive relief regarding intellectual-property infringement
- Claims that applicable law expressly prohibits from being arbitrated, including claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA)
20.5 Mass-arbitration protocols
If 25 or more similar arbitration demands are filed against Cykee by the same or coordinated counsel, the following bellwether protocols apply, modeled on industry best practice:
- Counsel for claimants and counsel for Cykee shall each select 15 demands (30 total) to proceed in the first round
- No other demands proceed until the first round is resolved or settled
- Additional rounds may follow with stepped increases in case count
- Statute-of-limitations periods are tolled while your demand awaits selection
- Mediation occurs between rounds, with Cykee paying the mediator's fees
The full mass-arbitration procedures, including provider-specific rules, are available upon request to legal@cykeeapp.com.
20.6 Opt-out
You may opt out of this arbitration agreement by emailing legal@cykeeapp.com with the subject line "ARBITRATION OPT-OUT" within 30 days of first accepting these Terms. The email must include your full name, account email, and a clear statement that you decline arbitration. Opting out does not affect any other portion of these Terms.
20.7 Survival
This Section 20 survives the termination of these Terms and your Cykee account.
21. GOVERNING LAW
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 20. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For users residing in the European Union, EEA, United Kingdom, or Switzerland, the choice of [STATE] law does not deprive you of the protection of mandatory consumer-protection law of your country of residence.
22. VENUE / FORUM
Any Dispute not subject to arbitration under Section 20 will be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you consent to personal jurisdiction and venue in those courts and waive any objection to inconvenient forum.
Users residing in the EU, EEA, UK, or Switzerland may bring claims in their country of residence as required by applicable consumer-protection law.
23. CHANGES TO THESE TERMS
We may revise these Terms from time to time. Material changes will be announced through:
- An in-app notification
- An update to the Last Updated date at the top of these Terms
- Where required by law, a separate email or other affirmative notice
Material changes to Sections 17 (Limitation of Liability) and 20 (Arbitration) will require your affirmative acceptance.
Your continued use of the Service after the effective date of a material change constitutes acceptance of the revised Terms. If you do not accept a change, you must stop using the Service and may delete your account before the change takes effect.
24. SPECIAL STATE TERMS (UNITED STATES)
The following terms apply in addition to the rest of this Agreement.
24.1 California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Arizona
- Right to cancel: You may cancel any subscription or recurring purchase, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
- Refund on death: Your estate is entitled to a refund of the unused portion of any prepaid period.
- Refund on disability: If you become disabled and unable to use the Service, you are entitled to a refund of the unused portion of any prepaid period; notice must be given to support@cykeeapp.com.
24.2 California Civil Code §1789.3 — Consumer Complaints Notice
California residents may report complaints to the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210.
24.3 California Consumer Privacy Act (CCPA) rights
California residents have additional rights regarding the collection, use, and sharing of their personal information, including the right to know, delete, correct, and opt out of "sale" or "sharing" as defined under the CCPA. See our Privacy Policy for details and how to exercise these rights.
24.4 New York
New York subscribers may place a subscription on hold for up to one year by written notice to legal@cykeeapp.com. New York subscribers may review the New York Dating Service Consumer Bill of Rights at the New York State Senate website.
24.5 Colorado
For information on Cykee's safety policies and locally relevant resources, contact support@cykeeapp.com.
24.6 Washington State Consumer Health Data Privacy Act
If you reside in Washington and the Service collects consumer health data as defined by the WA My Health My Data Act, your separate rights are described in our Consumer Health Data Privacy Notice [LINK].
25. SPECIAL COUNTRY TERMS
25.1 European Union, EEA, United Kingdom, Switzerland
If you reside in the EU, EEA, UK, or Switzerland, you have the right to a full refund of any subscription or paid feature within 14 days of purchase, except where the digital service has begun to be performed with your express prior consent and acknowledgment that you waive your right of withdrawal (which applies to delivered gifts and used touches).
The online dispute-resolution platform of the European Commission is available at https://consumer-redress.ec.europa.eu/
25.2 Germany
Subscribers in Germany may terminate after the first auto-renewal with one month's notice.
25.3 United Kingdom
UK users may bring contract-breach claims under UK law in their local courts. We encourage submitting an appeal to support@cykeeapp.com first.
25.4 Republic of Korea
Subscribers in Korea are entitled to a full refund of subscriptions and unused virtual items within 7 days of purchase.
26. APP STORE / GOOGLE PLAY ADDITIONAL TERMS
26.1 Apple App Store
If you obtained the App from Apple's App Store, these Terms are entered into between you and Cykee, not Apple. Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of these Terms and may enforce them against you. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other obligations regarding the App.
26.2 Google Play
If you obtained the App from Google Play, you agree to comply with the Google Play Terms of Service in addition to these Terms.
27. ACCEPTANCE
By creating an account, signing in, or otherwise using the Service, you confirm that you have read these Terms, our Privacy Policy, and our Community Guidelines, and that you agree to be bound by them.
28. ENTIRE AGREEMENT; MISCELLANEOUS
28.1 Entire agreement
These Terms, together with our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, constitute the entire agreement between you and Cykee regarding the Service and supersede any prior agreement.
28.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
28.3 No waiver
Our failure to enforce any provision is not a waiver of that or any other provision.
28.4 Assignment
You may not assign these Terms or any of your rights under them. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
28.5 Notices to us
All legal notices must be sent to:
[LEGAL_ENTITY_NAME] [BUSINESS_ADDRESS] With a copy to: legal@cykeeapp.com
28.6 Relationship of the parties
Nothing in these Terms creates an agency, partnership, joint venture, fiduciary, or employment relationship between you and Cykee.
29. CONTACT
For questions about these Terms:
Cykee Support Email: support@cykeeapp.com Legal: legal@cykeeapp.com Address: [LEGAL_ENTITY_NAME], [BUSINESS_ADDRESS]
CHANGELOG
| Date | Summary |
|---|---|
| [DATE] | Initial published version |