1. Some initial things we want to make clear.

While all of these will be discussed in more detail below, we want to make a few important things clear up front:

• You must be at least 18 to use the Services.
• You may only create an Account for your actual self and must be truthful in what you put in it.
• We do not conduct background checks or verify the identity of our Users.
• We do not guarantee anything about the Services, including the actions of our Users. We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the Services and communicating with its Users.
• Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19below for details, including the procedure for opting out of arbitration.

2. Eligibility

• You must be at least 18, or older if your jurisdiction requires. You must be at least 18 years old (or, if the age of majority is higher than 18 in your jurisdiction, then the age of majority in your jurisdiction) create an Account and use the Services. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater).
• You may not have a criminal record. You may not use the Services if you have been convicted of a felony, are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). If any of the foregoing become applicable to you after you have created an Account, you must delete your Account immediately and you may no longer use the Services. We do not conduct criminal background screenings on Users. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

3. Use of the Service

• Creating an Account on Whisk. In order to use Whisk, you must create an account with us (an “Account”) by first logging in with your Twitter account. If you choose to create an Account by logging in with Twitter, you authorize us to access and use certain Twitter account information, including but not limited to your public Twitter profile photographs, personal information, and Twitter followers. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
• Your Account is only for you. You may only access and use your Account in accordance with this Agreement and for your personal use to find and communicate with potential dating partners. You may not authorize others to access or use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible from any third party access to your Account, particularly any such access that results from theft or misappropriation of your Account or Twitter account’s login credentials. You agree to immediately notify Whisk of any disclosure or unauthorized use of your login credentials at info@whiskdating.com.
• Accessing the Services from outside the United States. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
• You are responsible for any content you submit. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including the tweets, retweets, likes, and pictures on your Twitter profile, the content of your communications with other Users via Twitter, and profile pictures uploaded to Whisk (“User Content”).
• No phone number in your profile. You agree not to post your phone number in the bio of your profile.

4. Changes to Agreement or Services

We may update this Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site and App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then, except as otherwise provided in Section 18(f)“Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

5. General Prohibitions

You agree not to do any of the following:

• Post, upload, or transmit any User Content that (i) is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of confidential, non-public information about any third party; (ii) is threatening, vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains graphic or gratuitous violence; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy; (vi) contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing); (vii) impersonates any person or entity, including any Whisk employees or representatives;
• Collect User Content, personally-identifiable information or any other information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, scrapers, or other means);
• Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
• Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
• Bully, intimidate, or harass any User;
• Use, display, mirror or frame the Services or any individual element within the Services, our name, any Whisk trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Impersonate or misrepresent your affiliation with any person or entity;
• Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial of service attack, interference with page rendering, or using a program that interferes with other Services functionality; and
• Encourage or enable any other individual to do any of the foregoing.
• Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.

6. Content Ownership

• Your license to us of User Content. By submitting any User Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
• Our ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
• Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

7. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@whiskdating.com or via the functionality of the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

8. Rights and Terms for Apps

• Rights in App Granted by Whisk. Subject to your compliance with this Agreement, Whisk grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Whisk reserves all rights in and to the App not expressly granted to you under this Agreement.
• Accessing the App from App Store. Certain App Providers require us to pass one certain terms to you. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
• This Agreement is concluded between you and Whisk, and not with the App Provider, and Whisk (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Whisk.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Whisk will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third party terms of service when using the App.
  

10. No Gaurantees

You understand that Whisk does not guarantee you any matches, does not guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. You understand that Whisk makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.

11. Reporting of Violations; General Contact Info.

If you discover any violation of the Agreement by others, please report it to us at info@whiskdating.com. You may also use this address to contact us with any questions you may have about the Services.

12. Third Party Links

The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

13. Disclaimer of Warranty

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

14. Limitation of Liability

• NEITHER WHISK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHISK OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• IN NO EVENT WILL WHISK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WHISK FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WHISK, AS APPLICABLE.
• THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHISK AND YOU.

15. Indemnification

You will indemnify and hold harmless Whisk and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of this Agreement.

16. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account, deactivate your membership, or put your Account on hold at any time by sending an email to us at info@whiskdating.com or via the functionality of the App; deleting your Account is your sole method of terminating this Agreement. Upon termination of this Agreement, the following will survive Sections 3(d),6(c),7,13,14,15,17,18,20, and this sentence of Section 16.

17. Governing Law and Forum Choice

This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Oklahoma, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Whisk are not required to arbitrate will be the state and federal courts located in the Western District of Oklahoma, and you and Whisk each waive any objection to jurisdiction and venue in such courts.

18. Dispute Resolution

• Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Whisk agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Whisk are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
• Exceptions and Opt-out. As limited exceptions to Section 18(a)above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at info@whiskdating.com within thirty (30) days following the date you first agree to this Agreement.
• Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
• If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
• Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
• Class Action Waiver. YOU AND WHISK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
• Effect of Changes on Arbitration. Notwithstanding the provisions of Section 4“Changes to Agreement or Services” above, if Whisk changes any of the terms of this Section 18“Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to info@whiskdating.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Whisk’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Whisk in accordance with the terms of this Section 18“Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
• Severability. With the exception of any of the provisions in Section 18(e)of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

19. State-Specific Terms

• If you live in certain states, you may cancel this agreement within 3 business days.The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
  You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:
  Whisk Dating
  Attn: Cancellations
  370 Business Building
  Stillwater, OK 74078
  (in addition, California and Ohio users may email us at info@whiskdating.com).
  Please include your Whisk email address in any correspondence or your refund may be delayed. If you cancel, Whisk will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
  In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
• California Users. California Civil Code Section 1789.3 requires us to provide you with the following information: You may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

20. General Terms

• Entire Agreement. This Agreement constitute the entire and exclusive understanding and agreement between Whisk and you regarding the Services and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between Whisk and you regarding the Services and Content. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without Whisk’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Whisk may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
• Notices. Any notices or other communications provided by Whisk under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
• Waiver of Rights. Whisk’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Whisk. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Information collected automatically:

When you use Whisk, we automatically collect and store certain information about your computer or mobile device and your activities. We may use this and other information described in this Privacy Policy to infer information, such as your interests.
This information includes:

• Mobile Device ID. Your mobile device’s unique ID number (e.g., IMEI, AD ID).
• Geolocation. With your permission, your mobile device’s geographic location (GPS) when you first register for Whisk through our mobile app or when you enable location services within the app.
• Device Information/Specifications. Technical information about your computer or mobile device (e.g., type of device, web browser or operating system, IP address) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information.
• Usage Information. How long and in what manner you use Whisk, which services and features you use and any content that you generate through and post on Whisk. This includes browsing and search history (including profiles you have viewed). We link your subscriber information with your activity on Whisk across all your devices using your email, phone number or similar information.

Information we obtain from other sources:

• Twitter: In order to register with Whisk, you will be asked to sign in using your Whisk login. If you do so, you are authorizing us to access and process certain Whisk account information, including information about you and your Twitter followers and those you follow who might also be Whisk users. By allowing us to access your Twitter account, you understand that we may obtain and process certain information from your Twitter account, including your name, email address, birthday, location, bio, media stored on Twitter, tweets, retweets, likes, direct messages, as well as any available information about your followers and those you follow. We only obtain information from your Twitter account that you specifically authorize and grant us permission to obtain.
• Third-Party Services: We may receive the information described in this Privacy Policy from third party services, such as analytics providers and advertising partners.
• Other users: Users of Whisk may provide us with information about you, including through customer support inquiries.

Information you choose to provide:

• Information You Provide to Us: When you register with Whisk, you must provide certain information, including your Twitter username and password, email address, birthday, gender, gender preference, and the type of relationship you’re seeking. We will also ask you to upload photos for your profile and may collect any information (including location metadata and inferred characterizations or data) contained in these files. By affirmatively providing Whisk with this information, you explicitly consent to our use of it for the purpose of fine tuning your match criteria with other users. Any information made public on your Twitter account may be viewable by your match. We collect and process your messages with other users as part of the operation of Whisk.
• Emails: We require an email address from you when you register with Whisk. We use your email for both “administrative” (e.g., confirming your registration, notifying of matches) and “promotional” (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. Email messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. You may opt-out of receiving promotional emails and other promotional communications from us at any time via the opt-out links provided in such communications, or by e-mailing info@whiskdating.com with your specific request. However, we reserve the right to send you certain communications relating to Whisk (such as service announcements, security alerts, update notices, or other administrative messages) without affording you the opportunity to opt out of receiving such communications.
• Online Survey Data: We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of Whisk.

How we use the information

Pursuant to the terms of this Privacy Policy, we may use the information we collect from you for the following business purposes:

1. facilitate matches with other Whisk users;
2. respond to your comments and questions and provide customer service;
3. to tailor and provide communications to you about Whisk and related offers, promotions, advertising, news, upcoming events, and other information we think will be of interest to you;
   
4. monitor and analyze trends, usage and activities;
5. investigate and prevent fraud and other illegal activities;
6. provide, maintain, and improve Whisk and our overall business;
7. where we otherwise have a legitimate interest in doing so, for example, direct marketing, research (including marketing research), network and information security, fraud prevention, and enforcing our terms, conditions and policies or defending against legal claims; and
8. for any purposes disclosed to you at the time we collect your information or pursuant to your consent.

Use for Research. In addition to the uses outlined above, by using Whisk, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful relationships, including how to create and foster these relationships, so that we may continue to improve the Whisk experience. This research may be published in our blogs or interviews. However, all of your responses will be kept anonymous, and we assure you that no personal information will be published.

Sharing Your Information

The information we collect is used to provide and improve the content and the quality of Whisk, and without your consent we will not otherwise share your personal information to/with any other parties except: (a) to provide Whisk, (b) when we have your permission, or (c) or under the following instances:

• Service Providers and Business Partners: We may share your information with our third-party service providers and business partners that help us to accomplish certain business purposes (e.g., marketing and analytics providers, security and technology providers, advertising partners, and payment processors).
• Legal Disclosures and Business Transfers: We may disclose any information without notice or consent from you: (a) in response to a legal request, such as a subpoena, court order, or government demand; (b) to investigate or report illegal activity; or (c) to enforce our rights or defend claims. We may also transfer your information to (a) any affiliate of our corporate group or (b) another company in connection with a merger, financing due diligence, corporate restructuring, sale of any or all of our assets, or in the event of bankruptcy.
• Aggregate Data: We may aggregate or de-identify the information described in this Privacy Policy. Aggregated or de-identified data is not subject to this Privacy Policy.

If you access third-party services, such as Twitter to login to Whisk, these third-party services may be able to collect information about you, including information about your activity on Whisk, and they may notify your connections on the third-party services about your use of Whisk, in accordance with their privacy policies.

Whisk does not sell personal information to third parties. Whisk does permit third parties to collect the personal information described above through our service and shares personal information with third parties for business purposes as described in this Privacy Policy, including but not limited to providing advertising outside of our service based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”). The information practices of these third parties are not covered by this Policy.

Updating or Removing Account Information

You may review or edit your profile as you wish, by logging into your Whisk account using the information supplied during the registration process. If you would like to have us delete your account information, we may do so by deactivating your account first and then permanently deleting your account. Where you have consented to our use of your personal information, you may withdraw your consent at any time. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Whisk services, or to respond to any inquiry or request made by you, as applicable. To opt out of receiving messages concerning Whisk, you must cease requesting and/or utilizing services from Whisk, and cease submitting inquiries to Whisk, as applicable.

Individual Rights in the European Economic Area

If you are located in the European Economic Area, you may seek confirmation regarding whether Whisk is processing personal information about you, request access to your personal information and ask that we correct, amend, delete, or restrict processing of your personal information. In addition, you may object to Whisk’s processing of your personal information at any time. Doing so however, may impact your use of Whisk.

If applicable law provides you the right to request access to, (receive) port, object to or restrict processing, seek rectification or request erasure of personal information held about you by Whisk, you may do so, as applicable, through the controls in the Whisk application or by contacting Whisk. To protect your privacy, Whisk will endeavor to take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

Although Whisk makes good faith efforts to provide users with access to their personal information, there may be circumstances in which Whisk is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question, where the request is manifestly unfounded or excessive, or where the information sought is commercially proprietary.

Third Party Sites

Whisk may contain links to other websites and services. If you choose to click on a third party link, you will be directed to that third party’s website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services. These third parties may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you visit.

Data Retention

Whisk retains the personal information we receive as described in this Privacy Policy for as long as you use our services or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Securing Your Personal Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Whisk. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

Your Choices

Your mobile device may include a feature that allows you to opt out of some types of targeted advertising (“Limit Ad Tracking” on iOS and “Opt out of Interest-Based Ads” on Android).

You can switch off GPS location information functionality on your mobile device if you do not wish to share GPS information.

Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

California Residents

California residents may, in accordance with applicable law, request access to, deletion of, and portability of your information or more information about our information practices. For purposes of this section, “California resident” and “personal information” have the meanings given in the California Consumer Privacy Act of 2018 (the “CCPA”). Personal information does not include de-identified or aggregated information, information publicly available in government records, or certain information excluded from CCPA’s scope.

Right to Access

You can access much of your Whisk information by logging into your Whisk account. You may also, subject to applicable law and verification procedures, request details from us about the information we have collected from and about you over the past 12 months, including: The categories of personal information we have collected about you, categories of sources from which the personal information was collected, the purpose for our collection or sale of your personal information, the categories of third parties with whom we have shared your personal information, and the specific pieces of personal information we have collected about you. If you wish to request such access to your personal information, please contact us at the email or physical address provided in the How to Contact Us section at the bottom of this policy.

Right to Delete

The information we collect is used to provide and improve the content and the quality of Whisk, and without your consent we will not otherwise share your personal information to/with any other parties except: (a) to provide Whisk, (b) when we have your permission, or (c) or under the following instances:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between us and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of your or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

If you wish to request deletion of your personal information, please contact us at the email or physical address provided in the How to Contact Us section at the bottom of this policy. 

Verification Procedures

To protect the privacy of your information and account, we are required to verify your request. The verifiable request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise your choices on your behalf, please select an agent registered with the Secretary of State of your state of residence and provide evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

Nondiscrimination

We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on Whisk may change or no longer be available to you. Any differences are related to your information.

“Shine the Light” requests

You have the right to request and obtain from us once a year at no charge a list of all third parties, if any, to which we have disclosed your personal information during the preceding calendar year for those third parties’ direct marketing purposes. If you would like such a list, please contact us at info@whiskdating.com. For all such requests, you must put the statement “Shine the Light Request” on your request, as well as your name, street address, city, state, and zip code. Please note that we will not accept these requests by telephone or fax, and are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Using Whisk from outside the United States

If you are visiting Whisk from outside the United States, please be aware that your information may be transferred to, stored, and processed globally, including in the United States where our servers are located and our central database is operated. By using our services, you understand and agree that your information may be transferred to our facilities and those third parties with whom we share it for processing as described in this Privacy Policy. Where required by law, international transfers of personal information will be supported by an adequacy mechanism.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. If there are any material changes to this Privacy Policy, Whisk will notify you by email or as otherwise required by applicable law. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. We recommend that you check our Website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

How to Contact Us

If you have any questions about our privacy practices, this Privacy Policy, or how to lodge a complaint with the appropriate authority, please contact us by email at info@whiskdating.com or by mail at 370 Business Building, Stillwater, OK 74078.

This End-User License Agreement ("EULA") is a legal agreement between the End-User (“You” and “Your”) and Whisk Dating LLC (“Whisk,” “Whisk Dating,” “us,” “we,” the “Company”, and “our”). This EULA agreement governs your acquisition and use of our Whisk Dating application ("Application") directly from Whisk Dating LLC or indirectly through a Whisk Dating LLC authorized reseller or distributor (a "Reseller"). You and Whisk Dating acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. Please read this EULA agreement carefully before completing the installation process and using the Whisk Dating Application. It provides a license to use the Whisk Dating Application and contains warranty information and liability disclaimers. By installing and/or using the Whisk Dating Application, you are confirming your acceptance of the Application and agreeing to become bound by the terms of this EULA agreement. This EULA agreement shall apply only to the Application supplied by Whisk Dating LLC herewith regardless of whether other Application is referred to or described herein. The terms also apply to any Whisk Dating LLC updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Whisk Dating LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Whisk Dating Application on your devices in accordance with the terms of this EULA agreement. You are permitted to load the Whisk Dating Application (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Whisk Dating Application. By using our Services, you represent and warrant that:

1. You are at least 18 years old;
2. You are legally qualified to enter a binding contract with Whisk Dating;
3. You are single or separated from your spouse;
   
4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
5. You are not on any list of individuals prohibited from conducting business with the United States;
6. You are not prohibited by law from using our services;
7. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
8. You are not required to register as a sex offender with any state, federal or local sex offender registry;
9. You do not have more than one account on our Services; and
10. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account.

The information we collect is used to provide and improve the content and the quality of Whisk, and without your consent we will not otherwise share your personal information to/with any other parties except: (a) to provide Whisk, (b) when we have your permission, or (c) or under the following instances:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website and/or App;
• Treat other users in a courteous and respectful manner, both on and off our Services;
• Be respectful when communicating with any of our customer care representatives or other employees;
• Maintain a strong password and take reasonable measures to protect the security of your login information.
• Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
• Violate the terms of the license granted to you by Whisk Dating (see Section 6 below).
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Whisk Dating’s prior written consent;
• Express or imply that any statements you make are endorsed by Whisk Dating;
• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• “Frame” or “mirror” any part of our Services without Whisk Dating’s prior written authorization;
• Use meta tags or code or other devices containing any reference to Whisk Dating or the platform (or any trademark, trade name, service mark, logo or slogan of Whisk Dating) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
• Use, access, or publish the Whisk Dating application programming interface without our written consent;
• Probe, scan or test the vulnerability of our Services or any system or network; or
• Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content—Whisk Dating prohibits uploading or sharing content that:

• Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Is defamatory, libelous, or untrue;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
• Involves the transmission of “junk” mail or “spam”;
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any Application, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Whisk Dating or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Was not written by you or was automatically generated, unless expressly authorized by Whisk Dating;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of Whisk Dating or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

Scope of License

The license granted to the End-User is limited to a non-transferable license to use Whisk Dating on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that Whisk may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Content

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Whisk Dating provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

Your Content

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Twitter or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

Member Content

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

Our Content

Whisk Dating owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

Inappropriate Content and Misconduct; Reporting

Whisk Dating does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful Whisk Dating community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report Content” button on a user’s profile. You may also email Whisk Dating Customer Service by emailing info@whiskdating.com.

Intellectual Property and Ownership

Whisk Dating LLC shall at all times retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of Whisk Dating LLC.

Whisk Dating LLC reserves the right to grant licences to use the Application to third parties.

In the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Termination

This EULA agreement is effective from the date you first use the Application and shall continue until terminated. You may terminate it at any time by emailing info@whiskdating.com.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Maintenance and Support

Whisk Dating LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Whisk Dating.

Warranty

In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for our Application to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Whisk Dating.

Product Claims

Whisk Dating’s liability is limited to the maximum extent by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHISK DATING, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WHISK DATING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WHISK DATING’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WHISK DATING FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Whisk Dating, not Apple, is responsible for addressing any claims from You or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with our Application’s use of the HealthKit and HomeKit frameworks.

Contact

Any questions, complaints or claims with respect to the Application should be directed to Whisk Dating LLC. You can reach Whisk Dating by email at info@whiskdating.com, by telephone at (913) 244-1766, or mail at 130 Business Building, Stillwater, OK 74078.

Governing Law

Delaware law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).

Except 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 our Services. For the avoidance of doubt, the choice of Delaware governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.