These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Friendket website(s), mobile application(s), and related services (collectively, the "Platform") operated by TARS Technologies LLC ("Friendket," "we," "us," or "our").
By accessing or using the Platform, you agree to be bound by this agreement and our privacy policy. Do not agree to the Terms unless you understand and accept each provision. By using the site, you represent that you understand, agree to, and accept to all provisions in the Terms of Service.
PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES IMPORTANT TERMS LIMITING FRIENDKET'S LIABILITY, REQUIRING INDIVIDUAL ARBITRATION, AND WAIVING CLASS ACTIONS.
1) General Definitions
- "Member": any user who purchases or participates in Friendket experiences.
- "Friend": any user who offers time, companionship, participation in activities, conversation, or other permitted services through the Platform.
- "Content": all text, photos, videos, audio, messages, reviews, listings, profiles, and other materials on or transmitted through the Platform.
- "Session/Experience": any booked, paid interaction (online or in-person), including group events.
- "Dispute": includes any claim or controversy arising out of or relating to the Platform, members, bookings, payments, or this Agreement.
2) Electronic Agreement; Changes
This Agreement is an electronic contract. We may modify these Terms at any time by posting updated Terms on the Platform. Your continued use after changes become effective constitutes acceptance of the revised Terms.
3) Eligibility; Safety-Related Representations
You may use the Platform only if:
- You are at least 18 years old; and
- You are legally capable of entering into a binding contract; and
- You are not prohibited from using the Platform by law or by prior suspension/termination.
By using the platform, you represent and warrant that you have not been convicted of a felony and that you are not registered as a sex offender in any jurisdiction. (If any portion of this representation is not enforceable in your jurisdiction, it applies to the maximum extent permitted by law.)
We may refuse service, suspend, or terminate any account at any time in OUR SOLE DISCRETION.
4) Friendket is a Marketplace; No Agency; No Employment
Friendket provides a technology platform that connects members. Friendket is not a party to any agreement between members.
You acknowledge and agree that:
- Friends are not Friendket employees, agents, or representatives.
- No joint venture, partnership, employment, or agency relationship is created between you and Friendket or between Friendket and any member.
- Members are SOLELY RESPONSIBLE for their own conduct, communications, and interactions.
5) Platonic-Only Platform; No Dating; No Sexual Services; No Physical Contact Requirement
Friendket is a Platform that connects Members looking for platonic companionship to Friends looking to meet with members in a platonic setting.
Friendket is not a dating, personals, or escort service.
The platform is intended for platonic, non-romantic, non-sexual, non-escort-style interactions. You may not use the platform to solicit, offer, request, facilitate, or engage in sexual services, prostitution, human trafficking, or illegal acts.
No physical contact is required or implied by any booking. Any physical contact or off-platform conduct is strictly at members' own risk and subject to these terms and applicable law.
We may immediately suspend or terminate accounts for violations of this section.
6) No Background Checks; No Identity Guarantee; Member Responsibility
Friendket does not conduct criminal background checks or credit checks on members. Friendket may use third-party service providers (including payment processors) to perform limited identity or account verification for certain users (for example, Friends) to support payments and platform integrity. Any such verification is limited, may not detect all risks, and is not a guarantee of a person's identity, age, character, training, qualifications, or fitness.
Friendket does not warrant the accuracy, completeness, or truthfulness of any profile, message, listing, review, or other content.
You are solely responsible for:
- Evaluating other Members
- Deciding whether to communicate or meet
- Selecting location, duration, and conditions
- Taking appropriate precautions
- Complying with all laws
7) Safety Rules; Assumption of Risk
IN-PERSON MEETUPS AND INTERACTIONS (INCLUDING BOOKINGS) CAN INVOLVE RISK OF PHYSICAL INJURY, ASSAULT, THEFT, HARASSMENT, EMOTIONAL DISTRESS, OR DEATH.
YOU ASSUME ALL RISKS ARISING FROM:
- USING THE PLATFORM;
- COMMUNICATING WITH MEMBERS;
- MEETING IN PERSON;
- TRAVEL TO/FROM MEETUPS; AND
- ANY OFF-PLATFORM INTERACTIONS, EVEN IF INITIALLY ARRANGED THROUGH THE PLATFORM.
Minimum safety expectations:
- Meet in public, well-lit places for initial meetups.
- Tell a trusted person where you are going and when you will return.
- Keep your phone charged and maintain independent transportation.
- Do not share sensitive personal or financial information.
- Stop immediately if you feel unsafe.
FRIENDKET DOES NOT AND CANNOT GUARANTEE MEMBER CONDUCT OR OUTCOMES.
8) Prohibited Uses and Conduct
You may not:
- Use the PLATFORM for commercial solicitation unrelated to permitted BOOKINGS (including advertising, lead-gen, or recruiting) without OUR written permission.
- Harass, stalk, threaten, defame, exploit, or abuse any person.
- Impersonate any person or misrepresent affiliation.
- Request or provide illegal services, including sexual services or trafficking.
- Use the PLATFORM to exploit or harm minors.
- Scrape, data-mine, spider, crawl, reverse engineer, decompile, or attempt to extract source code or non-public data.
- Use bots, scripts, or automated tools to create accounts, send messages, or manipulate activity.
- Upload malware or interfere with PLATFORM operation or security.
- Collect personal data from other MEMBERS except as necessary for an agreed BOOKING and in compliance with law.
We may investigate suspected violations and cooperate with law enforcement.
9) Accounts; Security; Accurate Information
You are responsible for safeguarding your credentials and all activity under your account. You must provide accurate information and promptly update it. We are not liable for loss arising from unauthorized account access caused by your failure to secure credentials.
10) Payments; Fees; Taxes; Disputes Between Members
If the PLATFORM supports payments, you authorize charges through your selected payment method for amounts you approve, plus applicable fees and taxes. You are responsible for all taxes arising from your use of the PLATFORM or amounts you receive.
MEMBER-TO-MEMBER DISPUTES (INCLUDING CHARGEBACKS, NONPAYMENT, SERVICE QUALITY, CANCELLATIONS, OR MISCONDUCT) ARE PRIMARILY BETWEEN MEMBERS. FRIENDKET MAY, BUT IS NOT OBLIGATED TO, ASSIST IN RESOLUTION AND DOES NOT GUARANTEE ANY OUTCOME.
11) Content; License; Monitoring
You retain ownership of your CONTENT, but you grant FRIENDKET a worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting), display, distribute, and otherwise use your CONTENT to operate, market, and improve the PLATFORM.
WE DO NOT HAVE TO MONITOR CONTENT AND WE DO NOT GUARANTEE REMOVAL OF OBJECTIONABLE CONTENT. We may remove or restrict CONTENT or accounts at any time in OUR SOLE DISCRETION.
12) Intellectual Property
The PLATFORM, including software, design, logos, and all FRIENDKET-provided materials, are owned by FRIENDKET or licensors and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works except as expressly permitted.
13) Third-Party Services; Links
The PLATFORM may include third-party services or links. FRIENDKET does not control and is not responsible for third-party content, policies, or practices. Your use is at your own risk.
14) Termination; Suspension
We may suspend or terminate your account or access at any time, with or without notice, for any reason, including suspected violations or risk to the community defined in the COMMUNITY GUIDELINES. Upon termination, your right to use the Platform ceases. Sections that by their nature should survive termination will survive.
15) Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRIENDKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
FRIENDKET DOES NOT WARRANT ANY MEMBER'S CONDUCT, COMPATIBILITY, PERFORMANCE, OR OUTCOMES OF ANY BOOKING. NO INFORMATION PROVIDED BY FRIENDKET CREATES ANY WARRANTY.
16) Limitation of Liability (Including Physical and Emotional Harm)
To the maximum extent permitted by law:
- Friendket shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business interruption.
- Friendket shall not be liable for any damages arising from or related to member interactions or bookings, including without limitation physical injury, assault, theft, property damage, emotional distress, harassment, negligence, or death, even if advised of the possibility.
- Friendket shall not be liable for any damages arising from disputes between users.
- If any liability is found despite these terms, Friendket's total aggregate liability for all claims arising out of or relating to the platform or this agreement shall not exceed the greater of: (a) $500 or (b) the total amounts paid by you to Friendket (if any) in the six (6) months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the fullest extent permitted.
17) Release (Member-to-Member Claims)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE FRIENDKET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN MEMBERS OR BOOKINGS, INCLUDING CLAIMS FOR PHYSICAL OR EMOTIONAL HARM.
If your jurisdiction provides a "unknown claims" protection (e.g., California Civil Code §1542), you expressly waive it to the extent permitted.
18) Indemnification
You agree to indemnify, defend, and hold harmless FRIENDKET and its officers, directors, employees, agents, affiliates, and licensors from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the PLATFORM;
- Your CONTENT;
- Your BOOKINGS or interactions with MEMBERS;
- Your violation of these TERMS or applicable law.
19) Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except where prohibited by law, you and FRIENDKET agree that any DISPUTE will be resolved by binding arbitration on an individual basis and not in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property or unauthorized access.
NO CLASS ACTIONS. You and Friendket waive any right to bring or participate in a class, collective, or representative action.
Arbitration will be administered by AAA/JAMS under its applicable rules. The arbitration will occur in the applicable jurisdiction unless the parties agree otherwise. The arbitrator may award relief only on an individual basis.
20) Governing Law; Venue
This Agreement is governed by the laws of the applicable State, without regard to conflict-of-law principles, except to the extent federal law applies and except as limited by the arbitration section.
Any court proceedings permitted under this AGREEMENT will be brought exclusively in the state or federal courts located in the applicable jurisdiction, and you consent to personal jurisdiction there.
21) Severability; Waiver; Entire Agreement
If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver. These TERMS and the Privacy Policy constitute the entire agreement between you and FRIENDKET regarding the PLATFORM.
22) Contact
Questions about these Terms:
By using Friendket, you acknowledge that you have read, understand, and agree to this Agreement.