Section 1 – Introduction & Consent to Terms.

Welcome to FIRSTPEEL INC., a Delaware corporation’s (herein "Firstpeel," "we," "us," or "our") Terms and Conditions (herein our "Terms"). While legal documents may not be the most exciting read, these Terms contain essential information about Your rights and obligations.

If You do not agree to these Terms, we ask that You please not use our mobile dating application (the "App" or our “Services”). You agree to be bound by these Terms, which we may amend from time to time. Signing up for our Services constitutes acceptance of these Terms.

We reserve the right to modify the contents of these Terms at any time. Any modification to these Terms will be published on this page. If a modification is material, we will provide You with notice of such changes in advance through the App or via email. Your continued use of our Services after any modification becomes effective constitutes Your acceptance of the revised Terms. In certain cases, we may require You to explicitly agree to the modified Terms before continuing to use our Services.

Persons who use our Services are referred to herein as a “User”, “Users”, “You”, or “Your”.

These Terms incorporate our Community Guidelines by reference. Please also review our Privacy Policy, which explains how we handle Your personal information.

Section 2 – Our Role Providing Services and Third-Party Disclaimers.

Firstpeel owns and operates the App. Our Services assists in facilitating connections between Users for the purpose of exploring dating or other relationships.

By signing up for our Services, You expressly understand and agree that Firstpeel is and remains an independent third-party, and as the provider of the App, is not responsible for any actions or inactions of Users. This includes but is not limited to: compliance with these Terms, compliance with applicable law, intellectual property infringement, personal injury, harassment, or other legal claims.

While we do our best to monitor the conduct of Users on our App and hold them to compliance with these Terms and applicable law, we do not and cannot guarantee that our services will be error-free. We reserve the right to suspend or terminate any User’s ability to use our Services for violation of these Terms, violation of applicable law, or for any other reason, in our sole discretion.

By signing up for our Services, You agree that unless Firstpeel is grossly negligent in our operation of our App, You agree that Firstpeel shall never be vicariously liable for the conduct of any Users of our App.

We do not and cannot make any guarantees of any kind with respect to Your use of our Services.

FIRSTPEEL DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON USERS OR INVESTIGATE USERS' BACKGROUNDS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT USERS' CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS. WE RESERVE THE RIGHT TO CONDUCT - AND YOU AUTHORIZE FIRSTPEEL TO CONDUCT - CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO USER REPORTS OF SUSPECTED MISCONDUCT, WE MAY INVESTIGATE WHETHER A USER HAS A CRIMINAL HISTORY. IF SUCH INVESTIGATIONS IDENTIFY A USER WITH CERTAIN CRIMINAL CONVICTIONS (INCLUDING BUT NOT LIMITED TO SEXUAL OFFENSES, VIOLENT CRIMES, OR DOMESTIC ABUSE), WE MAY BLOCK THAT USER FROM THE APP. HOWEVER, THESE CHECKS ARE NOT FOOLPROOF, MAY NOT BE REGULARLY UPDATED, AND SHOULD NOT BE RELIED UPON AS A SAFETY GUARANTEE. CRIMINAL BACKGROUND CHECKS, WHEN CONDUCTED, ARE LIMITED TO PUBLICLY AVAILABLE INFORMATION AND MAY NOT IDENTIFY ALL CRIMINAL RECORDS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY MEASURES WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS THROUGH THE APP MAY RESULT FROM USERS ENGAGING WITH THE APP FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL OF THE RISK WHEN USING OUR APP, INCLUDING BUT NOT LIMITED TO ONLINE INTERACTIONS AND IN PERSON INTERACTIONS. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO PROTECT YOUR PERSONAL INFORMATION, TO GET TO KNOW OTHER USERS, AND ENSURE THAT YOU HAVE TAKEN NECESSARY PRECAUTIONS PRIOR TO AND DURING IN-PERSON MEETINGS.

BY USING OUR SERVICES, EACH USER EXPLICITLY AGREES THAT IF HE/SHE/THEY HAS/HAVE A DISPUTE WITH ANOTHER USER, THIS DISPUTE IS UNIQUE TO THE OTHER USER AND THAT FIRSTPEEL IS NOT AND SHALL NEVER BECOME A PARTY TO YOUR DISPUTE. BY USING OUR SERVICES, EACH USER HEREBY RELEASES FIRSTPEEL AND ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES FROM ANY AND ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, OR SIMILAR, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED TO A DISPUTE BETWEEN USERS ON OUR APP OR THE CONDUCT OF ANOTHER USER ON OUR APP.

Section 3 - Eligibility and Requirements.

3a. Eligibility and Your Account.

By using our App and creating an account (“Account”), You represent and warrant that (a) You are an individual (not any type of entity) at least 18 years of age; (b) You reside in the United States of America; (c) You are capable of entering into a legally binding contract with us; and (d) You are not listed on any U.S. Government list of Prohibited or Restricted Parties.

We do not permit use of our Services to minors.

Your use of our Services involves the use of hardware, software, and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Services is/are Your sole responsibility.

If You do not update Your App when new updates are released, You may be prevented from accessing all of our App’s features or our App may be inaccessible to You.

You are solely responsible for maintaining confidentiality of Your password and account information and are responsible for all activity that takes place on Your Account.

3b. Requirements.

You also agree to (a) Comply with our Community Guidelines, as updated from time to time; (b) Use reasonable measures to protect Your login information; and (c) Adhere to all applicable laws and regulations, such as those governing privacy, intellectual property, spam prevention, and other regulatory obligations.

Section 4 – Your Content.

When You use our App, You will have access to: (a) content You upload or provide, including content suggested by the App ("Your Content"); (b) content uploaded or provided by other Users ("User Content"); and (c) content we provide on and through the App ("Our Content").

For purposes of these Terms, "Content" means all text, images, videos, audio, and other materials on the App.

4a. Prohibited Content.

We prohibit uploading or sharing Content that:

1. Is illegal, or promotes or facilitates illegal activities, including but not limited to:
   • Terrorism or violent extremism
   • Activities that constitute criminal offenses
   • Drug trafficking or distribution
2. Contains explicit, inappropriate, or offensive material, including:
   • Pornographic Content
   • Nudity
   • Violence or gore
   • Content that offends human dignity
3. Is harmful to or exploitative of minors, including:
   • Images or likenesses of minors who are not fully clothed or are depicted in any sexual context
   • Material that could be psychologically or emotionally damaging to minors
4. Includes images or likenesses of minors who are not accompanied by the minor’s parent or guardian.
5. Harasses, threatens, or harms others, including Content that:
   • Promotes hatred, bigotry, or discrimination based on race, gender, sexual orientation, religion, or other protected characteristics
   • Encourages self-harm or dangerous activities
   • Is designed to harass, intimidate, bully, or cause emotional distress
   • Contains abusive or threatening language
6. Violates intellectual property or privacy rights, including:
   • Content You don't own or have permission to use
   • Images or likenesses of others without proper consent, including parental/guardian consent for minors
   • Unauthorized copies of copyrighted material
7. Involves commercial or fraudulent activities, such as:
   • Advertising or promotional Content
   • Solicitation for services
   • "Sugar dating" relationships or sex work
   • Scams or attempts to deceive Users
   • Impersonation or inauthentic behavior
8. Contains harmful technical elements, including:
   • Malware, viruses, or corrupt files
   • Spyware or adware
   • Trojan horses or worm programs
   • Code designed to damage or interfere with systems or data
   • Content aimed at disrupting our App
9. Misuses our platform through:
   • Spam or junk mail
   • Content inconsistent with the App's intended use
   • Material harmful to our reputation
   • Violations of our Community Guidelines
10. Contains false or misleading information, including:
    • Defamatory or libelous statements
    • Deliberately untrue or deceptive Content
    • Misrepresentation of facts

4b: Your Content.

You are solely responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims related to Your Content. By using our App, You agree that Your Content will not violate the rights of any third-party or applicable law.

You agree that Your Content complies with our Community Guidelines.

You may not display personal contact information, banking details, or peer-to-peer payment information (including names, addresses, phone numbers, email addresses, URLs, credit/debit card details) about yourself or others on Your Account profile. If You choose to reveal personal information to other Users, You do so at Your own risk. We strongly encourage caution when sharing personal information online. Your Content will be visible to Users worldwide, and other Users may share Your Content with third parties.

By posting Your Content, You automatically grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use Your Content as necessary (such as storing, copying, adjusting, translating, reformatting, displaying, and otherwise processing such Content, in whole or in part, using any current or future technologies) to provide, operate, improve, maintain, and secure the App, including but not limited to displaying Your profile to other Users, content moderation, and safety purposes.

We may assign and/or sublicense these rights to our successors and affiliates.

You also must ensure that You have all necessary rights and licenses to upload Your Content to our App. We are not obligated to store Your Content. Please ensure You're comfortable with posting or sharing Your Content before doing so.

4c: User Content.

Our App contains content shared by other Users. User Content remains the property of the User who posted it. User Content is stored on our servers and is displayed on our App at that User's direction.

You have no rights to other Users' User Content and may only use their personal information in ways that align with the App's purpose of facilitating connections between Users.

4d. Content Moderation.

We use automated and manual review processes, along with User reports, to moderate Content and Accounts. We reserve the right to review, pre-screen, remove, or block access to any of Your Content or User Content, including User-to-User direct message content, at our sole discretion, without obligation to display, pre-screen, or review such Content.

Section 5 - Terminating Your Account.

5a. Account Termination.

You can terminate Your Account at any time on the App by going to the ‘Settings’ screen, pressing the ‘Delete Account’ link, and following the instructions as described in the App.

We reserve the right to suspend or terminate Your Account or Your access to our App without liability and without notice if we believe Your Account Content or Your conduct, including both within the App or off the App with other Users, violates these Terms, or for any reasons whatsoever that we deem, in our sole discretion, warrants this action. We may utilize any available operational, technological, legal, or other measures to enforce these Terms, including but not limited to preventing Your ability from accessing our App. Whether You or we terminate Your Account, these Terms continue to be binding and enforceable between us.

5b. Appeals.

If You disagree with any action we took against Your Account or Content, You have a six-month period, starting from the day we took the action, to appeal this decision. Reach out to us at contact@firstpeel.com. Tell us why You are appealing our decision and provide as much information as You can. If You do not appeal the action we took against Your Account or Content within the six-month period, You agree that You have forever waived Your right to appeal the action.

Section 6 – Your App Use.

6a. Reporting Users.

You can report another User by using the ‘Report User’ functionality in the App.

In addition, You can raise any complaint You may have related to the App by contacting us at contact@firstpeel.com.

We provide a reporting feature to help Users address inappropriate behavior when using the live speed dating feature in the App. While we strive to act on reports promptly, we do not monitor live video chats in real time and rely on Users to report violations of our Terms.

6b. App Use.

We may investigate potential violations of these Terms, our Users' rights, and third party rights. Based on such investigations, we may terminate or suspend Your access to the App, remove User Content, or take other appropriate measures as outlined in these Terms without prior notice.

You agree that we may access, retain, and share Your account information and Your Content when we reasonably believe it's necessary to:

• Comply with legal obligations;
• Enforce these Terms;
• Address claims that any Content violates others' rights;
• Respond to Your customer service requests;
• Protect the rights, property, or safety of us or others; or
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, or other wrongdoing;

Section 7 – Our Intellectual Property.

The contents of our App are protected by United States and international copyright laws. The contents of our App are owned exclusively by Firstpeel or licensed to us.

You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our App (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Firstpeel.

Firstpeel and our name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Firstpeel. All rights in these Marks are reserved by Firstpeel. You may not use any Firstpeel-provided Marks or other logos or graphics, without our prior written consent.

We grant You a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our App. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download our App or any and/or all Content found therein except as is necessary to view and/or use our App; (b) make any use of our App or any and/or all Content other than uses consistent with regular use of our App; (c) modify, reverse engineer or create any derivative works based upon our App; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by You of our App automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

Section 8 – Privacy.

Please see our Privacy Policy to learn how we collect, use, and share Your personal data. By using the App, You agree to our data practices as described in our Privacy Policy.

Section 9 - Disclaimers.

THE APP AND ALL ITS CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR MEET YOUR EXPECTATIONS. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, OR CORRECTNESS OF THE APP, OUR CONTENT, OR ANY USER CONTENT.

YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.

WE ASSUME NO RESPONSIBILITY FOR: (1) ANY CONTENT POSTED, SENT, RECEIVED, OR ACTED ON THROUGH OUR APP; (2) THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF USERS YOU COMMUNICATE WITH; OR (3) ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, OR OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO DAMAGE FROM SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURES, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTIONS.

WHERE APPLICABLE LAW RESTRICTS THESE WARRANTY EXCLUSIONS, WE PROVIDE ONLY THE MINIMUM WARRANTY REQUIRED BY LAW. NO ORAL OR WRITTEN ADVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION.

Section 10 - Indemnity.

To the extent permitted by law, You agree to defend, indemnify, and hold harmless Firstpeel, our affiliates, and our respective officers, directors, agents, and employees against all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from: Your use of the App; Your Content; Your interactions with other Users; Your breach of this these Terms; or Your violation of any law or third-party rights.

This indemnity does not cover any unconscionable commercial practices, fraud, deception, false promises, misrepresentations, or concealment of material facts related to the App on our part.

Section 11 – Your Relationship with Firstpeel.

Each User of our App acts as an independent third party with respect to Firstpeel. Nothing contained in these Terms shall be regarded as creating an employment, joint venture, or partnership relationship between Firstpeel and Users of the App.

We are not responsible for the conduct of Users, subject to applicable law.

Users shall have no authority to bind Firstpeel by any action, inaction, promise, or representation, unless specifically authorized in writing by Firstpeel. Users shall not represent to any third party, or hold themselves out to any third party, as having such authority unless previously so authorized by Firstpeel.

Finally, all conduct of any kind on our App is the sole responsibility of the Users and not Firstpeel.

Section 12 - Copyright Claims and DMCA Procedures.

We have adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe any Content on the App infringes upon Your copyrighted work, please submit a notification alleging such infringement ("DMCA Takedown Notice").

Your DMCA Takedown Notice must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

DMCA Takedown Notices should be sent to dmca@firstpeel.com.

Upon receipt of a DMCA Takedown Notice, we typically remove the allegedly infringing material within twenty-four (24) hours, unless we have reason to believe it was sent in error, is not truthful, or for any other legitimate reason.

DMCA Counter-Notice

If You believe that Your Content (whether picture, video, writing, or other) is not infringing on the rights of a third-party copyright holder, or if You have authorization to use the allegedly infringing Content from the copyright holder, the holder's agent, or pursuant to law, please send a DMCA Counter-Notice to our designated agent containing all of the following:

1. Your physical or electronic signature;
2. Identification of the Content that was removed or to which access has been disabled as a result of mistake or a misidentification of the Content, including the location where the Content appeared before it was removed or access was disabled;
3. Your name, address, telephone number, and email address;
4. A statement that You consent to the jurisdiction of the federal district court for the judicial district in which Your address is located, or if Your address is outside the United States, for the federal district court located in Orange County, California;
5. A statement that You will accept service of process from the person who provided notification of the alleged infringement; and
6. A statement under penalty of perjury that You have a good-faith belief that the Content was removed or disabled as a result of mistake or misidentification.

If a Counter-Notice is received by Firstpeel, Firstpeel may send a copy of the Counter-Notice to the original complaining party, informing them that the removed Content may be replaced or access restored within ten (10) to fourteen (14) business days. Unless the copyright owner files an action seeking a court order against Firstpeel or the person/entity who has posted allegedly infringing Content, the removed Content will be reinstated ten (10) to fourteen (14) business days after the receipt of the Counter-Notice.

Repeat Offender Policy

Firstpeel does not tolerate copyright infringement or any violation of the intellectual property rights of Firstpeel or of others. Firstpeel reserves the right to terminate the access and/or use privileges of any person or entity who has been determined to be a “repeat infringer”.

Section 13 - Limitation of Liability.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, FIRSTPEEL, ITS AFFILIATES, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOST DATA, LOST USE, LOST GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APP; ANY USER OR THIRD-PARTY CONDUCT OR CONTENT ON OR THROUGH OUR APP; OR ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN WARNED OF POSSIBLE DAMAGES.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR APP WILL NOT EXCEED THE GREATER OF: $100 USD; OR THE TOTAL AMOUNT YOU PAID US FOR THE APP IN THE 24 MONTHS BEFORE YOU FIRST FILE ANY LEGAL ACTION AGAINST US, REGARDLESS OF THE TYPE OF PROCEEDING.

THIS LIABILITY LIMIT APPLIES REGARDLESS OF THE BASIS OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR STATUTE); REGARDLESS OF THE TYPE OF BREACH; AND TO ALL EVENTS, SERVICES, AND TERMS OF THIS AGREEMENT. THESE LIABILITY LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

SOME JURISDICTIONS DON'T ALLOW CERTAIN DAMAGES TO BE LIMITED, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Section 14 - Third Party App Store.

If You download the App from a Third Party Store, the following additional terms and conditions will apply.

In the event of any conflict between the terms of this Section and the other provisions of these Terms, or if the terms here are more restrictive, the terms in this Section will govern exclusively with respect to Firstpeel and the Third Party Store.

14a. Third Party App Store Additional Terms and Conditions.

You acknowledge and agree that these Terms are concluded between You and Firstpeel only, and not with the providers of the Third Party Store, and Firstpeel (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which You obtain the App, the more restrictive or conflicting term of the Third Party Store applies.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed, and the Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Firstpeel, not the Third Party Store provider, is responsible for handling any claims made by You or a third party related to the App or Your possession and/or use of the App. This includes, but is not limited to: (a) product liability claims; (b) claims that the App does not comply with applicable legal or regulatory requirements; (c) claims arising under consumer protection or similar laws; and (d) claims of intellectual property infringement.

The provider of the Third Party Store and its subsidiaries are designated as third-party beneficiaries of these Terms. By agreeing to these Terms, You acknowledge that the Third Party Store provider through which You downloaded the App is granted the right (and is deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary. In the event of any inconsistency or conflict between these Terms and the applicable terms and conditions of a Third-Party Store, the terms of the Third-Party Store will take precedence and govern.

Section 15 - Dispute Resolution.

Please read through this entire Section carefully. This Section details our mandatory binding arbitration agreement between You and Firstpeel.

Herein, a “Dispute” means any disagreement, controversy, or claim between You and us, whether they arise from: these Terms, earlier versions of these Terms, how You use the App, or any other aspect of our relationship. This includes claims that existed before these Terms took effect, even if those claims weren't filed in arbitration at that time. If Your Dispute arises from using another Firstpeel service that has its own terms and conditions that include a dispute resolution process, that service's dispute resolution terms will govern that particular dispute rather than this Section.

By accepting these Terms, You and Firstpeel agree that except as required by applicable law, all Disputes will be resolved through mandatory binding arbitration with three exceptions: (i) either party may bring qualifying individual claims in small claims court; (ii) either party may seek equitable relief in court for intellectual property infringement or misuse; and (iii) claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

15a. Contacting Customer Service.

If You are dissatisfied with our App for any reason, please contact our Customer Service team first so we can attempt to resolve Your concerns without the need for external assistance. You can reach us at contact@firstpeel.com.

15b. Informal Dispute Resolution Process.

Before initiating any arbitration or small claims court proceeding, You and Firstpeel agree to first attempt to resolve any Dispute informally.

Upon receipt of a Notice of Dispute, You and Firstpeel agree to negotiate in good faith to resolve the Dispute.

Any statements, offers, promises, or conduct, including those made by parties, their agents, employees, or attorneys, during the informal dispute resolution process shall be confidential and inadmissible in any subsequent proceeding; however, evidence that would be otherwise admissible or discoverable shall not lose such status merely because of its use in the informal dispute resolution process.

Completion of this informal dispute resolution process is a condition precedent to filing any demand for arbitration or small claims court action. Failure to comply with this process is a breach of these Terms.

15c. Arbitration.

If You and Firstpeel are unable to resolve the Dispute informally, either party may proceed to initiate arbitration.

This Arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and applies to the interpretation and enforcement of all arbitration provisions contained herein.

The arbitration will be administered by:

• ADR Services, Inc. under its most current arbitration rules and procedures, for residents of California. The rules are available at https://www.adrservices.com/services-2/arbitration-rules/.
• National Arbitration and Mediation (NAM) under its most current Comprehensive Dispute Resolution Rules and Procedures, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, for residents outside California. The rules are available at https://www.namadr.com/resources/rules-fees-forms.

If the designated arbitration provider is unavailable or unwilling to arbitrate, the parties will agree upon an alternative arbitration provider. If the parties cannot agree, a court of competent jurisdiction shall appoint the arbitration provider, which shall conduct the arbitration consistent with the terms of this Arbitration agreement, and our Arbitration agreement will govern to the extent it conflicts with the arbitration provider’s rules.

To begin an arbitration proceeding, You or Firstpeel must submit a written Demand for Arbitration to the arbitration provider and notify the other party. The Demand for Arbitration must describe the claim(s) and request for relief in detail, consistent with the rules of the arbitration provider. Notice to Firstpeel must be sent to our registered agent. The payment of arbitration fees shall be governed by the applicable arbitration provider's rules.

The arbitrator shall have exclusive authority to resolve any and all initial questions regarding the arbitrability of a Dispute, including but not limited to issues concerning the applicability, enforceability, or unconscionability of this Arbitration agreement.

The arbitrator is empowered to grant motions that dispose of all or part of any claim.

The arbitrator has the authority to award monetary damages and to grant any non-monetary remedy or relief that would be available to an individual under applicable law, the rules of the arbitration forum, and these Terms.

The arbitrator will issue a written award and a statement of decision detailing the essential findings and conclusions upon which the award is based, including the calculation of any damages awarded.

The arbitrator possesses the same authority to award relief as a judge in a court of law would have. The arbitrator's award is final and binding upon both You and Firstpeel.

In accordance with Section 15 of these Terms, any initial action to compel arbitration under Section 4 of the Federal Arbitration Act (FAA) (or similar state law) must be filed in a State or Federal Court located in Orange County, California.

15d. Class Action Waiver.

ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION SECTION MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND CANNOT BE PURSUED AS PART OF A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER JOINT OR REPRESENTATIVE PROCEEDING.

YOU AND FIRSTPEEL EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR SEEK RELIEF ON A CLASS-WIDE BASIS.

Section 16 – Feedback.

We welcome feedback, suggestions, complaints, comments, and other input, which enables us to continue to improve our App based on the input of our Users (“Feedback”). Please send all Feedback to the email listed below.

By sending us Feedback, You hereby acknowledge and agree that Firstpeel shall be given an irrevocable, limited, royalty-free, worldwide license to use Your Feedback in connection with our Services. You acknowledge and agree that no compensation will be provided for the license granted in this paragraph and You accept the consideration of providing You access to our App as consideration for this license.

Firstpeel shall take and bear no responsibility and assume no liability for any Feedback submitted by You, including for any claims brought by third parties alleging a form of intellectual property claim.

By submitting Feedback to us, You hereby acknowledge and agree that You will indemnify and hold harmless Firstpeel and our agents, employees, owners, parents, subsidiaries, affiliates, and similarly situated companies or persons from any claims, demands, actions, proceedings, or similar from any third-party intellectual property matter(s).

Section 17 – Miscellaneous.

17a. Survival of Terms and Severability.

If Your Account is terminated, whether by You or by us for any reason, any provisions of these Terms that are inherently intended to survive termination will remain in effect.

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be removed to the extent necessary, without affecting the validity and enforceability of the remaining provisions, which will continue to remain in full force and effect.

17b. Entire Agreement and No Waiver.

These Terms, together with the Privacy Policy and Community Guidelines, as amended from time to time, represent the entire agreement between You and us, superseding all prior agreements, representations, or arrangements (whether written or oral).

Our failure to exercise or enforce any right or provision under these Terms shall not be considered a waiver of that right or provision.

17c. Electronic Communications.

Communications between You and Firstpeel may occur electronically, whether through Your use of the App, by sending us emails, or through our posting of notices in the App or communicating with You via email.

You (a) consent to receive communications from us in electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide electronically will satisfy any legal requirements as if they were personally delivered to You.

17d. Third-Party Links.

The App may include links to third-party websites or resources. We are not responsible for the availability or content of any external websites or resources. We do not endorse and are not liable for any products or services offered by third-party websites or resources. If You choose to interact with third parties accessed through our App, Your relationship with them will be governed by their terms and conditions. We are not responsible for their terms, actions, or policies.

17e. App Modifications.

We reserve the right to update, modify, or discontinue the App, any features, or any services it connects to at any time and for any reason, without prior notice or liability to You. These changes may include, but are not limited to:

• Adding, removing, or modifying features;
• Changing the appearance, functionality, or user interface of the App;
• Updating software to improve performance, security, or compatibility; and
• Discontinuing certain services or integrations with third-party providers;

From time to time, the App may be unavailable due to scheduled maintenance, updates, or unforeseen technical issues. We will make reasonable efforts to minimize any disruptions but cannot guarantee uninterrupted access to the App.

17f. Governing Law.

All claims arising out of or in connection with these Terms (including disputes over the enforceability or applicability of the arbitration provisions herein), our App, or Your relationship with us (excluding our services other than the App that are governed by their own terms and conditions), shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws principles.

You agree that all Disputes arising out of or in connection with these Terms or Your use of our App shall be subject to mandatory binding arbitration in Orange County, California.

17g. Errors.

Occasionally there may be information on our App that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, at any time.

17h. Data Security.

Firstpeel will maintain and enforce information and data privacy and security procedures with respect to its access, use and storage of all Data (as defined below) that (a) are at least equal to industry standards, and (b) comply with applicable federal, state, and local laws.

For purposes of these Terms, “Data” means all data, content, materials, and other information provided by Users on our App.

Firstpeel will promptly report any breaches of security or unauthorized access to our systems that we detect or become aware of. Firstpeel will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner. Firstpeel may suspend Your use of all or part of the Services without notice if we suspect or detect any breach of security.

Users understand and acknowledge that no security system is impenetrable and subject to Firstpeel’s negligence, Firstpeel shall have no liability for a security breach involving the Data.

17i. Device Permissions, Notifications, and Location-Based Features

Our App may require access to certain features of Your device, such as Your camera, microphone, and photo library, in order to provide you with specific functionalities. You may grant or revoke these permissions at any time through Your device’s settings, but doing so may affect the availability or functionality of certain features.

We may send you transactional or service-related push notifications (e.g., new messages, matches, or feature updates). You can either accept or deny push notifications when prompted in the App. You can opt out of receiving push notifications at any time by adjusting the notification settings on Your mobile device.

Certain features of our App are location-enabled. To provide these features, we may collect and use Your device’s real-time geo-location information. You can choose whether to allow the App to access Your location data when prompted. If you decline or later disable location permissions, some location-based features will not function properly. For more information on how we use, store, and protect Your location data, please refer to our Privacy Policy.