Terms and Conditions

These terms and conditions apply to the Before The Dates app (hereby referred to as “Application”) for mobile devices that was created by Before the dates Inc (hereby referred to as “Service Provider”) as a Freemium service.

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

Google Play Services:

https://policies.google.com/terms

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2025-06-13.

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at info@beforethedates.com.

Effective Date: [INSERT DATE]
Last Updated: [INSERT DATE]

These Terms of Service and Conditions of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and [LEGAL COMPANY NAME], doing business as Before the Dates™ (“BTD,” “we,” “us,” or “our”), concerning your access to and use of the Before the Dates mobile application, website, services, features, content, and related offerings (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms contain important provisions concerning payments, refunds, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, and your rights and obligations.

1. ABOUT BEFORE THE DATES

Before the Dates is a technology platform designed to help users plan, schedule, send, and/or receive messages, reminders, gifts, products, and related experiences.

BTD may facilitate connections between users and independently owned businesses, merchants, vendors, service providers, delivery providers, payment processors, and other third parties (“Third-Party Providers”).

Unless expressly stated otherwise, BTD is a technology platform and is not the manufacturer, seller, producer, distributor, carrier, or provider of products or services offered by Third-Party Providers.

When you purchase a product or service from a Third-Party Provider through BTD, the applicable transaction may also be governed by that provider’s terms, policies, warranties, return policies, and other requirements.

2. ELIGIBILITY

You must be legally capable of entering into a binding agreement to use the Services.

You represent and warrant that:

  1. The information you provide to BTD is accurate and truthful;
  2. You will maintain accurate account information;
  3. You will comply with all applicable laws and regulations;
  4. You will not use the Services for unlawful purposes; and
  5. You are not prohibited from using the Services under applicable law.

BTD may establish age requirements for particular features or services.

If BTD becomes aware that an account has been created by a person who is not eligible to use the Services, BTD may suspend or terminate that account.

3. ACCEPTANCE OF THESE TERMS

By clicking “I Agree,” creating an account, purchasing a product, scheduling a message, sending a gift, or otherwise using the Services, you agree to these Terms and any policies incorporated into them.

These Terms may be updated from time to time. Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

4. ACCOUNT REGISTRATION AND SECURITY

Certain features may require you to create an account.

You agree to:

  • Provide accurate and complete information;
  • Keep your login credentials confidential;
  • Not permit unauthorized persons to use your account;
  • Promptly notify BTD of suspected unauthorized access; and
  • Accept responsibility for activity occurring through your account, except to the extent caused by BTD’s own unauthorized conduct.

You may not create an account using another person’s identity or information without authorization.

BTD reserves the right to suspend or terminate accounts that contain false, misleading, fraudulent, or unauthorized information.

5. BEFORE THE DATES MESSAGES AND SCHEDULED CONTENT

BTD may permit users to create and schedule messages, reminders, greetings, photographs, videos, text, or other content for delivery or presentation at a future date or time.

BTD does not guarantee that a message will be delivered at an exact time.

Delivery may be affected by:

  • Internet connectivity;
  • Mobile-device settings;
  • Push-notification settings;
  • Cellular service;
  • Email or text-message providers;
  • Device compatibility;
  • Third-party service interruptions;
  • Recipient settings;
  • Incorrect recipient information;
  • Spam filters;
  • Carrier restrictions;
  • Software errors; or
  • Events outside BTD’s reasonable control.

You are responsible for verifying that recipient information is accurate.

BTD is not responsible for a message being viewed before its intended date or time where the cause is outside BTD’s reasonable control.

6. USER CONTENT

The Services may allow you to upload, create, submit, store, transmit, display, or otherwise provide content, including photographs, videos, text, messages, names, graphics, reviews, comments, and other materials (“User Content”).

You retain ownership of User Content that you own.

However, by submitting User Content through the Services, you grant BTD a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, format, modify as technically necessary, and otherwise use that User Content solely as reasonably necessary to operate, provide, maintain, improve, secure, and promote the Services.

You represent and warrant that:

  1. You own or have the necessary rights to submit the User Content;
  2. Your User Content does not violate another person’s intellectual-property, privacy, publicity, contractual, or other rights;
  3. Your User Content is not fraudulent, defamatory, threatening, harassing, abusive, obscene, or unlawful;
  4. You have obtained appropriate permission from individuals depicted or identified in your User Content when required by law; and
  5. Your User Content does not contain malicious software or code.

BTD does not endorse User Content and does not guarantee its accuracy.

7. PROHIBITED USE

You may not use BTD to:

  • Commit or facilitate fraud;
  • Harass, threaten, stalk, intimidate, or abuse another person;
  • Impersonate another individual or business;
  • Send unlawful or deceptive communications;
  • Distribute malware or malicious code;
  • Infringe copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other rights;
  • Upload illegal, hateful, threatening, or sexually exploitative material;
  • Exploit or endanger children;
  • Use the Services for unlawful solicitation;
  • Attempt to gain unauthorized access to another account;
  • Interfere with the operation or security of the Services;
  • Scrape, copy, reverse engineer, or systematically extract BTD content without authorization;
  • Use automated systems to access the Services except where expressly authorized;
  • Circumvent security measures;
  • Manipulate transactions, reviews, ratings, promotions, or other platform functions; or
  • Use the Services in any manner that violates applicable law.

BTD reserves the right to remove content and suspend or terminate accounts that violate these Terms.

8. CONTENT MODERATION AND REPORTING

BTD may, but does not necessarily have an obligation to, monitor, review, moderate, restrict, or remove User Content.

BTD may remove or restrict access to content that BTD reasonably believes violates these Terms, applicable law, or the safety of the Services.

Users may report potentially abusive, unlawful, or objectionable content through:

Email: [SUPPORT EMAIL]
In-App Reporting: [DESCRIBE FEATURE]

BTD may investigate reports and take appropriate action, including removal of content, suspension of an account, termination of an account, or referral to law enforcement where appropriate.

Users may block other users through the blocking functionality made available by BTD, where applicable.

9. GIFTS, PRODUCTS, AND THIRD-PARTY VENDORS

BTD may display or facilitate access to products and services offered by independent vendors.

Unless expressly stated otherwise:

BTD does not manufacture or directly provide products sold by independent vendors.

Vendors are independently responsible for:

  • Product descriptions;
  • Product quality;
  • Availability;
  • Pricing;
  • Packaging;
  • Shipping;
  • Delivery;
  • Product safety;
  • Warranties;
  • Returns;
  • Exchanges;
  • Compliance with applicable laws; and
  • Accuracy of information supplied to BTD.

BTD does not guarantee the availability, quality, suitability, legality, safety, or performance of any product or service offered by a Third-Party Provider.

Nothing in these Terms eliminates rights or remedies that cannot legally be waived.

10. ORDERS AND PURCHASES

When you place an order through BTD, you authorize BTD and/or its payment processor to charge the payment method you provide for the applicable amount.

An order may not be considered accepted until confirmation is provided.

BTD or the applicable vendor may cancel or refuse an order because of:

  • Product unavailability;
  • Pricing errors;
  • Inventory errors;
  • Suspected fraud;
  • Payment problems;
  • Delivery limitations;
  • Vendor circumstances; or
  • Other legitimate business reasons.

If an order is canceled after payment has been processed, the applicable amount will be refunded according to the applicable refund policy.

11. PRICES AND PAYMENTS

Prices may change without notice before an order is submitted.

Applicable taxes, shipping charges, service fees, processing fees, or other disclosed charges may apply.

You are responsible for providing valid payment information.

BTD may use third-party payment processors. BTD does not generally store complete payment-card information when payment processing is handled by a third-party payment processor.

Your use of third-party payment services may also be subject to those providers’ terms.

12. REFUNDS, RETURNS, AND CANCELLATIONS

Refunds, returns, exchanges, and cancellations may vary depending upon the product, vendor, order status, and applicable law.

The applicable refund or cancellation policy presented to you at the time of purchase will govern unless otherwise required by law.

Certain products or services may be non-refundable, including personalized, customized, perishable, digital, or time-sensitive items, where permitted by law.

Nothing in these Terms is intended to eliminate any non-waivable consumer rights.

13. THIRD-PARTY SERVICES

BTD may integrate with third-party services, including payment processors, delivery services, analytics providers, communications providers, hosting providers, authentication services, app stores, and other technology providers.

BTD does not control third-party services and is not responsible for their independent acts, omissions, policies, availability, or performance.

Your use of a third-party service may be subject to that provider’s separate terms and privacy policies.

14. INTELLECTUAL PROPERTY

The BTD name, trademarks, logos, graphics, designs, software, source code, functionality, content, layout, text, and other materials provided by BTD are owned by or licensed to BTD and are protected by applicable intellectual-property laws.

Except as expressly permitted by BTD, you may not:

  • Copy;
  • Reproduce;
  • Modify;
  • Distribute;
  • Sell;
  • License;
  • Publish;
  • Reverse engineer;
  • Create derivative works from; or
  • Exploit

BTD’s intellectual property.

“Before the Dates,” “BTD,” and associated logos and branding are trademarks or intended trademarks of [LEGAL COMPANY NAME], where applicable.

15. COPYRIGHT COMPLAINTS

BTD respects intellectual-property rights.

If you believe User Content or other material available through BTD infringes your copyright, contact:

Copyright Contact: [NAME/EMAIL]
Address: [BUSINESS ADDRESS]

Your notice should identify the copyrighted work, identify the allegedly infringing material, provide sufficient information for BTD to locate it, and include your contact information and the required statements under applicable copyright law.

16. PRIVACY

Your use of the Services is also governed by BTD’s Privacy Policy.

The Privacy Policy explains what information BTD collects, how it is used, how it may be shared, how long it may be retained, and how users may exercise applicable privacy rights.

Privacy Policy: [PRIVACY POLICY URL]

The Privacy Policy is incorporated into these Terms by reference.

17. COMMUNICATIONS

By providing contact information and using the Services, you may receive service-related communications from BTD, including account notices, transaction confirmations, security notices, scheduled-message notifications, and other communications necessary to provide the Services.

Where required by law, BTD will obtain appropriate consent before sending marketing communications.

You may opt out of promotional communications according to the instructions contained in those communications.

Opting out of promotional communications does not necessarily stop service-related communications.

18. MOBILE NOTIFICATIONS

BTD may use push notifications, email, SMS/text messaging, or other communication methods to provide Services.

You control certain notification settings through your device or account.

BTD does not guarantee that notifications will always be delivered.

You are responsible for maintaining accurate contact information and appropriate device settings.

19. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

BTD DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

BTD DOES NOT WARRANT THAT:

  1. THE SERVICES WILL ALWAYS BE AVAILABLE;
  2. THE SERVICES WILL BE ERROR-FREE;
  3. MESSAGES WILL ALWAYS BE DELIVERED AT A PARTICULAR TIME;
  4. USER CONTENT WILL BE ACCURATE;
  5. PRODUCTS OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS WILL MEET YOUR EXPECTATIONS; OR
  6. THE SERVICES WILL BE FREE FROM INTERRUPTIONS, DEFECTS, OR SECURITY VULNERABILITIES.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTD AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO BTD FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation applies to the maximum extent permitted by applicable law.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

21. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless BTD and its owners, officers, directors, employees, agents, affiliates, contractors, licensors, vendors, and service providers from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. Your violation of these Terms;
  2. Your violation of applicable law;
  3. Your User Content;
  4. Your misuse of the Services;
  5. Your infringement of another person’s rights;
  6. Your transactions or disputes with other users; or
  7. Your transactions or disputes with Third-Party Providers.

This indemnification obligation does not apply to the extent a claim is caused by BTD’s own gross negligence, willful misconduct, or other conduct for which indemnification cannot lawfully be required.

22. DISPUTES BETWEEN USERS

BTD is not responsible for disputes between users.

If you have a dispute with another user concerning a message, gift, communication, transaction, or other interaction, you agree to attempt to resolve the dispute directly with that user before seeking to hold BTD responsible, except where applicable law provides otherwise.

BTD may, in its discretion, assist with platform-related issues but does not guarantee that it will mediate private disputes.

23. DISPUTES WITH VENDORS

BTD may facilitate transactions with independent vendors but does not control those vendors.

Disputes concerning a vendor’s product or service should generally first be addressed with the applicable vendor.

BTD may assist with customer-service matters but does not guarantee resolution.

Nothing in this section limits rights provided by applicable law.

24. DISPUTE RESOLUTION AND ARBITRATION

ATTORNEY REVIEW REQUIRED BEFORE PUBLICATION

Except where prohibited by applicable law, you and BTD agree that disputes arising out of or relating to these Terms or the Services will first be submitted to an informal dispute-resolution process.

If the dispute cannot be resolved informally, the dispute may be resolved through binding individual arbitration rather than in court, except where applicable law permits the dispute to proceed in court.

Any arbitration provision must be drafted and implemented in accordance with applicable federal and Florida law.

Class-Action Waiver

ATTORNEY REVIEW REQUIRED

To the maximum extent permitted by law, disputes will be brought only on an individual basis and not as part of a class, collective, representative, or consolidated action.

This provision does not apply where prohibited by law.

Small Claims

Nothing in this section prevents a party from bringing an individual claim in an eligible small-claims court where permitted by law.

25. GOVERNING LAW

These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law or applicable mandatory law provides otherwise.

Any court proceedings permitted under these Terms shall be brought in a court of competent jurisdiction located in [VOLUSIA COUNTY], Florida, unless applicable law requires otherwise.

26. ACCOUNT SUSPENSION AND TERMINATION

BTD may suspend, restrict, or terminate your account or access to the Services if:

  • You violate these Terms;
  • You engage in fraudulent or unlawful conduct;
  • Your account presents a security risk;
  • You abuse another user;
  • You misuse the Services;
  • You interfere with BTD’s operation;
  • You provide false information; or
  • BTD reasonably believes restriction is necessary to protect users, BTD, vendors, or the Services.

You may stop using the Services at any time.

Certain provisions of these Terms will survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

27. CHANGES TO THE SERVICES

BTD may modify, suspend, discontinue, or change any portion of the Services at any time.

BTD does not guarantee that any particular feature will remain available.

Where required by law, BTD will provide appropriate notice of material changes.

28. FORCE MAJEURE

BTD shall not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, severe weather, acts of government, war, terrorism, labor disputes, internet outages, telecommunications failures, power outages, cyberattacks, vendor failures, transportation interruptions, pandemics, or other events beyond BTD’s reasonable control.

29. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in effect.

The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable where legally permitted.

30. NO WAIVER

BTD’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or BTD’s right to enforce it later.

31. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and BTD concerning the Services.

They supersede prior agreements or representations concerning the subject matter addressed herein, except for agreements expressly preserved in writing.

32. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without BTD’s prior written consent.

BTD may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or other business transaction.

33. THIRD-PARTY BENEFICIARIES

Except where expressly stated otherwise, these Terms do not create third-party beneficiary rights.

Apple, Google, payment processors, vendors, and other third parties are not parties to these Terms solely because their services are used to provide the Services.

34. APP STORE TERMS

If you download or access BTD through Apple’s App Store, Google Play, or another application marketplace, your use of the marketplace may also be subject to that marketplace’s terms and policies.

Apple and Google are not responsible for providing support or maintenance for BTD except as required by their applicable agreements or law.

Apple and Google are not parties to this agreement between you and BTD.

35. ELECTRONIC AGREEMENT

You agree that clicking an acceptance button, checking an acceptance box, creating an account, or otherwise electronically indicating acceptance constitutes your electronic signature and agreement to these Terms.

Electronic records of your acceptance may be maintained by BTD and may be used as evidence of your agreement.

36. CONTACT INFORMATION

Questions, complaints, legal notices, or requests concerning these Terms may be sent to:

Before the Dates™
[LEGAL COMPANY NAME]
[STREET ADDRESS]
[ CITY, FL ZIP ]
Email: [LEGAL/TERMS EMAIL]
Customer Support: [SUPPORT EMAIL]
Website: [WEBSITE]

ACKNOWLEDGMENT

BY ACCESSING OR USING BEFORE THE DATES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF SERVICE AND CONDITIONS OF USE.

[ ] I AGREE TO THE BEFORE THE DATES TERMS OF SERVICE AND CONDITIONS OF USE.

Effective Date: [DATE]

© [YEAR] [LEGAL COMPANY NAME]. All Rights Reserved.

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