Last updated: 2025-03-10
These Terms of Service apply when you access or use this mobile application (the “App”), and the services provided through the mobile application developed by XBoard, its subsidiaries and affiliates (collectively as “Company,” “we,” “us” and “our”) (the mobile application and these services constituting the “Service”). These Terms of Service (“ToS”) constitute a legal agreement between the user of our products and services (“user” or “you”) and the Company. It applies when a user accesses or uses this mobile application and Services.
By downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the App or Service, and uninstall the App if you have already downloaded them.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the App and/or Service and uninstall the App. If you continue using the App and/or Service after the new terms take effect, you will be bound by the modified ToS.
Our Privacy Policy, located at Privacy Policy, is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below.
If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
When you use the Service, you represent that:
You agree that in connection with your use of the Service, you will not:
All of the text, copyrightable computer code, trademarks, service marks, and logos contained on the Service (“Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service.
WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
We may make certain products and/or services available to users of the Application in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services (“In-App Products”). If you choose to use Premium Services or make purchase of In-App Products via a Third Party App Store, then the Third Party App Store will charge your account the applicable fees or charges.
Billing for Premium Services and In-App Purchases will be handled by the Third Party App Store, according to their terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your Account. Some Third Party App Store may charge you sales tax, depending on where you live.
If you purchase an auto-recurring periodic subscription through an in app purchase, your Account will continue to be billed for the subscription until you cancel. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the application from your device. Deleting your member account or deleting the application from your device does not cancel your subscription; We will retain all funds charged to your Account until you cancel your subscription through your Account.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to, any claim that all or any part of these ToS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these ToS shall be subject to the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.AILOVEKEY.COM OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Arbitration Agreement” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
To the extent that the arbitration provisions set forth in above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of Service, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth above are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to support@ailovekey.com.. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any material or content on the Service infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy by sending an email to support@ailovekey.com with a subject line beginning “DMCA Notice” that contains the following information:
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights under these Terms of Service without your approval.
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Account Security. You are solely responsible for: (i) maintaining the confidentiality of your email address or phone number used to create your Account; (ii) ensuring all information used in connection with our Service is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminated this Agreement (including without limitation the right to terminate or suspend your Account or permanently terminate your status as a Member), including if we have reason to believe that you have provided fraudulent information in connection with your Account or activities on our Service. For security and fraud prevention purpose, we may share data with our Affiliate Sites as well as any Related Sites. You are entirely accountable for any actions conducted using your email address/phone number, password or Account, including sharing your personal information with other users. You agree that the Company is not responsible or liable for any third-party access to your Account or personal information when such access arises due to your actions or omissions, such as voluntarily sharing your email address, phone number, password, Account, or other personal details. Furthermore, you agree that the Company is not liable for any third-party access to your Account or personal information resulting from the theft or unauthorized use of your email address, phone number, password, Account, or other personal details under your possession, care, or control.
You acknowledge and agree that we may monitor, review, or inspect your profile and content, and we reserve the absolute right, at our sole discretion, to remove, delete, modify, restrict, promote, suspend, or otherwise deny access to your profile and Content at any time. Furthermore, you agree and understand that we are under no legal obligation to display, review, or maintain your profile or Content.
Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission. Upload any Content for the purpose of intentionally misleading us or any other Service Member. Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content. Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another. Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded. Resell or otherwise commercialize Content or any other function or feature of the Service. Use our Service or any Content therein, including without limitation any personal information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement. Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service. Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language. Spam or otherwise generally harass users of our Service. Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service. Participate in any activity that violates the criminal laws of the jurisdiction where the Member resides, visits, or interacts with other Members. Seek compensation for dating.
ou are intent on establishing a meaningful connection; You are not subject to any registration requirements under state, federal, or local sex offender laws or regulations; You maintain a single Account within our Services and do not operate duplicate or multiple Accounts; You have not previously been banned or removed from our Services, any Related Sites or those of our Affiliate Sites, unless expressly authorized by us in writing to create a new Account; You comply with this Agreement and periodically review this page to stay informed of any updates; You represent yourself accurately and with integrity by uploading at least one photograph that clearly and verifiably displays your facial identity.
a. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
b. Notwithstanding the foregoing, if you are a resident of a jurisdiction outside of the United States, then this Agreement shall be governed by and construed in accordance with the laws of your habitual residence, without regard to its conflict of laws rules.
If you have any questions about these Terms of Service or your account, please contact us at support@ailovekey.com.