Legal

Shiimmy Privacy Policy

Shiimmy Inc. (“we,” “us,” or “our”) is committed to protecting your personal information and your right to privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our online dating platform (the “Service”).

1. Information We Collect
We may collect the following types of personal information:

Registration Information: Name, email address, phone number, date of birth, gender, and personal preferences.  
Profile Information: Photos, bio, interests, and preferences you voluntarily provide.  
Payment Information: Billing details such as credit card information (processed securely by a third party).  
Usage Information: Details about how you use our platform, such as search preferences, messages sent, and interactions with other users.  
Device Information: IP address, browser type, and operating system for security and analytics purposes.

2. Purpose of Collection
We collect your information for the following purposes:

– To create and manage your account.  
– To match you with potential partners based on your preferences.  
– To communicate with you regarding updates, promotions, and support.  
– To ensure the safety and security of all users.  
– To comply with legal and regulatory obligations.

3. Consent
By using our Service, you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy. You can withdraw consent at any time by contacting us at shiimmydating@gmail.com but this may impact your ability to use our Service.

4. Disclosure of Your Information
We may share your information in the following cases:

With Users: Certain profile information is visible to other users.  
Service Providers: Third-party vendors assisting with payment processing, analytics, or customer support.  
Legal Requirements: When required to comply with laws, regulations, or court orders.  
Business Transactions: In the event of a merger, acquisition, or sale of assets.

5. Safeguarding Your Information:
We implement technical and organizational measures to protect your information from unauthorized access, use, or disclosure. These include:

– Data encryption (e.g., SSL for transmission).  
– Secure storage solutions.  
– Regular security audits and updates.

6. Your Rights:
Under PIPEDA, you have the right to:

– Access your personal information and request corrections if it is inaccurate or incomplete.  
– Withdraw consent for the use of your information.  
– File a complaint with the Office of the Privacy Commissioner of Canada if you believe your rights have been violated.

To exercise your rights, contact us at shiimmydating@gmail.com

7. Retention:
We retain your personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. Once no longer needed, your data will be securely deleted or anonymized.

8. International Transfers:
As we may operate servers outside Canada, your information may be transferred to and stored in a jurisdiction with different data protection laws. We take steps to ensure your data is protected in compliance with PIPEDA.

9. Updates to This Policy:
We may update this Privacy Policy periodically to reflect changes in legal requirements or our practices. We will notify you of any significant changes by email or through the Service.

10. Contact Us:
If you have questions or concerns about this Privacy Policy, contact us at:  

Shiimmy Inc.
info@shiimmy.com

Cookies Policy

Shiimmy Inc. (“we,” “our,” or “us”) is committed to respecting your privacy and ensuring transparency about how we use cookies and similar technologies. This Cookies Policy explains what cookies are, how we use them, and your choices regarding their use.  

1. What Are Cookies?  

Cookies are small data files that are placed on your device (computer, smartphone, tablet, etc.) when you visit a website. They allow websites to recognize your device and store certain information about your preferences and past actions.  

2. Types of Cookies We Use  

We use the following categories of cookies on our platform:  

a. Essential Cookies  

These cookies are necessary for the operation of our app and website. Without them, you may not be able to use certain features, such as logging in or accessing secure areas.  

b. Performance Cookies 

These cookies collect information about how users interact with our platform. They help us understand which pages are most popular and improve our services.  

c. Functionality Cookies  

These cookies remember your preferences (such as language and display settings) to provide a more personalized experience.  

d. Advertising and Targeting Cookies  

These cookies track your browsing habits to show relevant ads based on your interests. They may also limit the number of times you see an ad and help us measure the effectiveness of ad campaigns.  

3. How We Use Cookies 

We use cookies to:  

– Ensure the platform operates smoothly and securely.  

– Personalize your user experience.  

– Analyze traffic and user behavior.  

– Deliver tailored advertisements.  

4. Third-Party Cookies  

We may allow third parties, such as advertisers or analytics providers, to set cookies on your device. These third parties are responsible for their own cookies and their data practices are governed by their respective privacy policies.  

5. Your Choices  

a. Cookie Settings  

You can manage your cookie preferences through your browser settings. Most browsers allow you to block or delete cookies. Please note that disabling certain cookies may impact the functionality of our platform.  

b. Opting Out of Targeted Ads 

You can opt out of targeted advertising through organizations like the Digital Advertising Alliance of Canada ([www.youradchoices.ca](http://www.youradchoices.ca)).  

6. Changes to This Cookies Policy 

We may update this policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on this page with the effective date.  

7. Contact Us  

If you have questions about this Cookies Policy, please contact us at:  

info@shiimmy.com

**By using our platform, you consent to our use of cookies as outlined in this policy.**

 

Anti-Fraud and Consumer Protection Policy  

Shiimmy is committed to creating a safe, trustworthy, and secure environment for all users. This Anti-Fraud and Consumer Protection Policy outlines the steps we take to protect our community from fraudulent activities and scams, and what users can do to safeguard themselves.

1. Our Commitment to Safety

Shiimmy employs robust measures to prevent and address fraudulent activities, including but not limited to:  

– Verifying profiles using advanced technologies and manual review processes.  

– Monitoring platform activity for suspicious behavior using AI-driven tools.  

– Providing resources and guidelines for users to recognize and report fraud.  

2. Types of Fraud We Address

We actively work to prevent the following fraudulent activities:  

– Fake Profiles: Accounts created with false or misleading information.  

– Catfishing: Individuals misrepresenting themselves to deceive others.  

– Financial Scams: Attempts to solicit money or financial information.  

– Phishing Attempts: Messages designed to steal personal or financial data.  

– Impersonation: Pretending to be another person or entity.  

3. Measures We Take

Profile Verification  

– Users may be required to verify their identity using methods such as email confirmation, photo verification, or government-issued ID checks. This may be done via a random audit or if a complaint has been received. 

Automated and Manual Monitoring

– Our systems flag suspicious activities, including unusual messaging patterns or payment requests, for further review by our moderation team.  

Blocking and Reporting Tools  

– Users can block or report any profile or message directly within the app.  

Education and Awareness 

– Regularly updated tips and guidelines on recognizing scams and staying safe while online dating.  

Data Security 

– All user data is encrypted, and sensitive information is securely stored to prevent unauthorized access.  

4. User Responsibilities

To ensure a safe environment, users must:  

1. Provide Accurate Information: Misrepresenting personal details is strictly prohibited.  

2. Avoid Sharing Sensitive Information: Never share passwords, financial information, or personal identification documents with others.  

3. Report Suspicious Activity: Immediately report profiles or messages that appear fraudulent.  

5. How to Report Fraud

If you suspect fraudulent activity, take the following steps:  

1. Use the **“Report”** button on the user’s profile or message.  

2. Email our support team at info@shiimmy.com with details of the incident.  

3. Attach screenshots or evidence, if possible, to help our team investigate.  

We aim to review and respond to all reports within 48 hours of receiving the initial report. 

6. Our Actions Against Fraud

Following a detailed investigation, if a reported fraud has been confirmed, Shiimmy will take the following actions:  

– Immediate Suspension or Deactivation: Fraudulent accounts will be suspended or permanently banned.  

– Law Enforcement Collaboration: For severe cases, such as financial fraud, we cooperate with Canadian law enforcement agencies.  

– Notification to Affected Users: If applicable, we will notify users potentially impacted by fraudulent activities.  

7. Consumer Protection 

If users are impacted by fraud involving in-app purchases or subscriptions, we will:  

– Investigate the incident thoroughly.  

– Take corrective measures to improve platform security based on the case.  

8. Warning Signs of Fraud

We encourage users to look out for the following red flags:  

– Requests for money, especially via wire transfer or gift cards.  

– Individuals avoiding video calls or meetings.  

– Overly vague or inconsistent information about their identity or location.  

– Messages containing urgent or emotional appeals for help.  

9. Contact Us

If you have questions about this policy or need assistance, contact us at:  

info@shiimmy.com

Together, we can create a safer online dating experience for everyone.  

The Shiimmy Dating App Team

 

Shiimmy Terms of Service

Below are the Shiimmy Terms of Service (the “Terms”). By using the services provided by Shiimmy  Inc. these terms of service between you and Shiimmy Inc. detail agreed upon expetations and rules of engagement. Please review the Terms prior to utilizing the App, as once you access, view or use the App, you will be legally bound by these Terms. Please also read our Community Guidelines (which are part of these Terms) and our Privacy Policy .

Please note that if you subscribe to Services for a term (the “Initial Term”), the terms of your subscription will automatically renew for additional periods of the same duration as the initial term purchased, unless you cancel your subscription in accordance with Section 6 below.

Please also note that Section 14 of these Terms contains provisions governing how claims you and the Shiimmy Inc. have against each other are resolved. In particular, it contains an Arbitration Agreement that, with limited exceptions, will require that disputes between us be submitted to binding and final arbitration. You have the right to opt out of the Arbitration Agreement in accordance with Section 14 below. If you do not opt ​​out of the Arbitration Agreement in accordance with Section 14, (1) you will be permitted to pursue claims and seek relief against us only on an individual basis; and (2) you waive your right to seek relief in court and to have a jury trial on your claims.

Notice to California subscribers: You may cancel your subscription and request a refund at any time before midnight on the third business day following your subscription date. If you subscribed using your Apple ID, refunds are handled by Apple, not Shiimmy. If you would like to request a refund, please visit Apple Support . If you subscribed using your Google Play Store account or through Shiimmy, please contact customer support .

1. RULES FOR USING SHIIMMY

Before you can use our App, you must create an account (“Account”). In order to do so, you must:

1. be at least 18 years old or the age of majority to legally enter into a contract under the laws of your country of residence, if that age is greater than 18; and

2. be legally entitled to use the Application under the laws of your country of residence.

Please note that we monitor use by minors, and we will terminate, suspend, or require you to verify your account if we have reason to believe that you may be a minor.

You can create an Account manually or through Facebook. By creating an Account, you authorize us to access, view and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about your Facebook friends). For information on how we use your information, please refer to our Privacy Policy . By using our application, you acknowledge that we may collect and use your data and information in accordance with our Privacy Policy.

We cannot allow you to use someone else’s Shiimmy account or share your Shiimmy account with someone else without permission. It is your responsibility to ensure that any use of your account complies with these terms.

We are sure you will enjoy your time on Shiimmy, but if you feel the need to leave, you can delete your account at any time by going to the Settings page while logged in and clicking Delete Account. Your account will be deleted immediately, but it may take some time for your Content (defined below) to be completely deleted. Your profile information will be handled in accordance with our Privacy Policy. If you delete your account and try to create a new account during this time using the same credentials, we will reactivate your account for you.

We use a combination of automated systems, user reporting, and moderators to monitor and review accounts and content for violations of these Terms. We reserve the right, in our sole discretion, to terminate or suspend any account, restrict access to the App, or use any operational, technological, legal, or other means available to enforce the Terms (including, without limitation, blocking specific IP addresses). For users located in the European Union (“EU”), we will notify you when we take action against your Account or Content (defined below), unless doing so is inappropriate (for example, at the request of law enforcement). For all other users, we may take such action at any time, without liability, and without notice. Without limiting the foregoing in any way and unless prohibited by mandatory laws of the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine that your conduct was inappropriate, (3) if we or our affiliates, in our or their sole discretion, determine that your conduct on other apps operated by our affiliates was inappropriate, or (4) for any reason we, in our sole discretion, deem your termination to be justified. If your Account is terminated or suspended, you agree that you will not receive a refund for any paid services or features for which you have already been billed. If you believe we made a mistake in taking action against your Account or Content (defined below), you have the right to appeal our decision within six months . If you would like to appeal a decision, start by taking the time to read the relevant section of our Community Guidelines . If you still believe there was a mistake in the action taken on your Account or Content, the best way to appeal is to fill out the appeal form by tapping the notification that appears in the app. You can also contact us (please explain why you are appealing our decision and provide as much detail as possible).

For users in the European Union, you have additional rights under the Digital Services Act to: (i) access out-of-court dispute resolution procedures with third parties; (ii) seek redress through the courts of the European Union member state in which you reside; and (iii) lodge a complaint with your local European Union regulatory authority. For users in the United Kingdom, you have the right under local law to bring a breach of contract action if you believe we have breached these terms by removing, restricting or limiting access to or distribution of your Content, or suspending or terminating your account.

You may not access, modify, or use non-public areas of the App or our systems. Some portions of the App may not be accessible if you have not created an account.

2. TYPES OF CONTENT

There are three types of content you will be able to access on the app:

1. the content you upload and provide (“your Content”);

2. content provided by members (“Member Content”); and

3. content provided by the Shiimmy Inc. (including but not limited to databases and/or software) (“Our Content”).

Some content is not acceptable on Shiimmy

Our Community Guidelines are an integral part of these Terms and define the content and behavior that is accepted on and off our App. You agree to abide by our Community Guidelines as may be updated from time to time.

We want our users to be able to share who they are and post different types of content on Shiimmy, but please note that any content included in the listing below will result in the removal of your profile from the app:

• is illegal or encourages, promotes or incites any illegal activity;

• is harmful to minors;

• is defamatory;

• infringes, or the posting of which infringes, the rights of any third party (including, without limitation, intellectual property rights and privacy rights);

• shows another person that was created or distributed without that person’s consent;

• contains language or images that could be considered offensive or likely to harass, upset, embarrass, alarm or annoy any other person;

• is obscene, pornographic, violent or may offend human dignity;

• is abusive, insulting or threatening, discriminatory or promotes or encourages racism, sexism, hatred or bigotry;

• relates to commercial activities (including, without limitation, sales, contests and advertising, links to other websites or premium line telephone numbers);

• involves the transmission of junk mail or “spam”;

• impersonates someone else or attempts to deceive or manipulate any person (including, without limitation, scams and inauthentic behavior);

• contains spyware, adware, viruses, corrupted files, worm programs or any other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, any Trojan horses or other material designed to damage, interfere with, wrongfully intercept or expropriate data or personal information from Shiimmy or otherwise;

• otherwise violates our Community Charter .

Your content

You agree that your content must comply with our Community Guidelines , as updated from time to time. Because your content is unique, you are responsible for it and will indemnify, defend and hold us harmless from any claims relating to your content.

You should not share any personal contact or banking information on your individual profile page, whether it is yours or that of a third party (e.g., names, addresses, postal codes or zip codes, telephone numbers, email addresses, URLs, credit/debit card numbers or other banking information). Choosing to share personal information about yourself with other users, whether by email or otherwise, is your own responsibility. We encourage you to exercise the same caution you would in other circumstances when disclosing information about yourself to third parties online.

Shiimmy is a public community and as such, your Content will be immediately visible to other users of the App worldwide, so please ensure that before you upload it, you only share Content that you own. As such, you agree that your Content may be viewed by other users and anyone who visits, participates in, or is sent a link to the App (for example, people who receive a link to a user’s profile or content shared by other Shiimmy users). By uploading your Content to Shiimmy, you represent and warrant that you have all necessary rights and permissions to do so and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your Content in any manner (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, or otherwise making available to the public such Content, in whole or in part, and in any format or medium now known or later developed).

We are authorized to assign and/or sublicense the above license to our affiliates and assigns, without further approval from you.

We have no obligation to store your content. If it is important, you must make a copy of it.

In order for us to prevent unauthorized use of your Content by other members or third parties outside of Shiimmy, you authorize us to act on your behalf with respect to such illegal and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 USC § 512(c)(3) (i.e., DMCA takedown notices)) on your behalf if your Content is taken and used by third parties outside of Shiimmy.

Member Content

Other Shiimmy users also share content on the app. Content belongs to the user who uploaded it. It is stored on our servers and published to the app as requested by the user providing the content.

You have no rights in other users’ Content and may only use other users’ personal information on Shiimmy to the extent that your use of it is consistent with Shiimmy’s purpose of connecting users with other people. You may not use other users’ information for commercial purposes, to spam, harass, stalk, or threaten them. We reserve the right to terminate your account if you misuse other users’ information.

User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the U.S. Digital Millennium Copyright Act of 1998. If you have a complaint about other User Content, please refer to the section about the Digital Millennium Copyright Act below for more information.

Our Content

The rest of the Content on Shiimmy is our property. All other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork or other intellectual property on Shiimmy, as well as the Shiimmy software and databases, are owned, controlled, licensed and protected by copyright, trademark and other rights under intellectual property laws. All right, title and interest in and to our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable right to access and use our content, without giving you the right to sublicense it, subject to the following conditions:

1. you must not use, sell, modify or distribute our Content except to the extent that the functionality of the application allows you to do so

2. you must not use our name in meta-elements, keywords and/or hidden text

3. you must not create derivative works of our Content or disable, modify, analyze or otherwise, or engage in any commercial exploitation of our Content, in whole or in part, in any way

4. you must only use our Content as permitted by law

We reserve all other rights.

No obligation to pre-screen content.

While we assume no obligation to pre-screen all of your or any other member’s content, there may be times when we must intervene to ensure the safety of our members, and we reserve the right to review, pre-screen, refuse and/or remove any member content and your content, including content exchanged between users in direct messages, as provided in these Terms.

Use of recommendation systems.

We have developed algorithms to predict your compatibility with other users and show you people we think would be good matches for you. To learn more about our use of recommendation systems and the main parameters we use, see our Privacy Policy .

3. RESTRICTIONS ON THE APPLICATION

You agree to:

• comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; and

• use your real name and state your real age when you create your Shiimmy account and on your profile: and

• use the Services in a safe, inclusive and respectful manner, and adhere to our Community Charter at all times.

You agree not to:

• act in an unlawful or disrespectful manner, including being dishonest, abusive or discriminatory;

• falsely represent your identity, age, current or former employment, qualifications or affiliation with any person or entity;

• disclose information that you do not have permission to disclose;

• stalk or harass any other user of the App;

• use the App in a misleading, inauthentic or manipulative manner, including engaging in behavior or distributing content related to scams, spam, inauthentic profiles, or commercial and promotional activities;

• submit manifestly unfounded requests, reports, opinions or complaints; or

• develop, support or use any software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to extract or exfiltrate from Shiimmy or its Services, or copy profiles and other data from the Services.

You can report abuse or complain about member content by contacting us, describing the abuse and/or complaint. You can also report a user directly from a profile or from a conversation by clicking the Block & Report link. We reserve the right to investigate potential violations of these Terms, any Shiimmy user, or the rights of any third party, and we may, in our sole discretion, immediately terminate any user’s right to use the App without notice, as set forth in Section 1 above, and/or remove any content posted by our members on the App that we deem inappropriate or violate the rights of others.

We do not control what our users say or do, so you are solely responsible for your interactions with other members of the App.

IN CERTAIN CIRCUMSTANCES, FOR EXAMPLE IN RESPONSE TO REPORTS FROM MEMBERS OR MEDIA REPORTS OF SUSPECTED MISCONDUCT, SHIIMMY INC. MAY INVESTIGATE TO DETERMINE WHETHER A MEMBER HAS A CRIMINAL RECORD, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE REVIEWING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS RESULT IN THE IDENTIFICATION OF A PERSON WITH A CRIMINAL CONVICTION, SHIIMMY INC. MAY USE THE INFORMATION AVAILABLE TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME AS THE MEMBER INVESTIGATED. FOLLOWING SUCH AN INVESTIGATION, WITH RESPECT TO ANY MEMBER WHOM SHIIMMY INC. REASONABLY BELIEVES HAS BEEN CONVICTED OF A SEXUAL OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, INCLUDING ANY REGISTERED SEX OFFENDER), OR OF HUMAN TRAFFICKING, HARASSMENT, KIDNAPPING, CHILD ABUSE, DOMESTIC VIOLENCE, MURDER, HATE CRIMES, TERRORISM OR VIOLENT EXTREMISM, SHIIMMY INC. MAY TAKE ACTION TO PREVENT SUCH PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS ON THE PLATFORM. SHIIMMY INC. RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER VIOLATIONS, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS, IN ITS SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE GENERALLY NOT UPDATED BY SHIIMMY INC.. FURTHERMORE, ALTHOUGH CRIMINAL BACKGROUND INVESTIGATIONS MAY BE CONDUCTED ON CERTAIN MEMBERS, THEY ARE NOT INFALLIBLE AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CRIMINAL BACKGROUND CHECKS. ANY CRIMINAL BACKGROUND INVESTIGATION MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. CRIMINAL BACKGROUND CHECKS THAT MAY BE PERFORMED BY SHIIMMY INC. ARE NOT A PERFECT SECURITY SOLUTION. CRIMINALS CAN CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP-TO-DATE. ONLY PUBLIC CONVICTIONS ARE INCLUDED IN THE CHECKS, AND THE CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS, OR CONVICTIONS ENTERED IN FOREIGN COUNTRIES.

You agree to release and discharge Shiimmy Inc. and its successors from any and all claims, demands, losses, damages, rights and actions of any kind, including personal injury, death and property damage, that arise directly or indirectly from your interactions with or the conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.” » The above release does not apply to any claims, demands or losses, damages, rights or actions of any kind, including personal injury, death or property damage for any unfair business practices of the Shiimmy Inc. or for fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application.

Replication of any part of the Application without our prior consent is expressly prohibited. This includes through any means (automated or otherwise) other than our currently available published interfaces, unless you have been specifically authorized to do so in a separate agreement with us.

4. Colorado Security Policy

In addition to the above terms, if you are a resident of Colorado, the following terms of the Security Policy also apply to you:

Some content is not acceptable on Shiimmy

Our Community Guidelines are an integral part of these Terms and define the content and behavior that is accepted on and off our App. You agree to abide by our Community Guidelines as may be updated from time to time.

We want our users to be able to express themselves as much as possible and post all kinds of content on Shiimmy, but any content that

• is illegal or encourages, promotes or incites any illegal activity;

• is harmful to minors, including misconduct that threatens public or personal safety, such as threatened or attempted homicide, unlawful sexual conduct, assault, kidnapping, harassment, involuntary intoxication, theft, or any other conduct that threatens public or personal safety;

• is defamatory;

• infringes, or the posting of which infringes, the rights of any third party (including, without limitation, intellectual property rights and privacy rights);

• shows another person that was created or distributed without that person’s consent;

• contains language or images that could be considered offensive or likely to harass, upset, embarrass, alarm or annoy any other person;

• is obscene, pornographic, violent or may offend human dignity;

• is abusive, insulting or threatening, discriminatory or promotes or encourages racism, sexism, hatred or bigotry;

• relates to commercial activities (including, without limitation, sales, contests and advertising, links to other websites or premium line telephone numbers);

• involves the transmission of junk mail or “spam”;

• impersonates someone else or attempts to deceive or manipulate any person (including, without limitation, scams and inauthentic behavior);

• contains spyware, adware, viruses, corrupted files, worm programs or any other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, any Trojan horses or other material designed to damage, interfere with, wrongfully intercept or expropriate data or personal information from Shiimmy or otherwise;

• otherwise violates our Community Charter

Background check

In certain circumstances, such as in connection with user or press reports of suspected misconduct, Shiimmy Inc. may investigate to determine whether a member has a criminal record, which may, depending on the circumstances, include searching sex offender registries or other public records. If such investigations identify an individual with a criminal record, Shiimmy Inc. may use the available information to determine whether the individual identified by the investigation is the same as the member who is the subject of the investigation. Following any investigation, if it reasonably believes that a Member has been convicted of a sexual offense (such as sexual assault or sexual harassment, and including registered sex offenders), or of human trafficking, stalking, kidnapping, child abuse, domestic violence, murder, hate crimes, or terrorism or violent extremism, the Shiimmy Inc. may take steps to prevent that person from using the Service and communicating with other Members on the Platform. The Shiimmy Inc. reserves the right to block Members for other offenses, or for other violations of these Terms, or for other reasons in its sole discretion. Criminal background investigations, when conducted, are generally not updated by the Shiimmy Inc.. Additionally, while criminal background checks may be performed on some members, they are not foolproof, and most members are not expected to undergo any form of criminal background check. Any criminal background check could give users a false sense of security. The criminal background checks performed by the Shiimmy Inc. are not a perfect security solution. Criminals can circumvent even the most sophisticated search technology. Not all criminal records are public in all states, and not all records are up to date. Only publicly available convictions are included in the checks, and the checks do not cover other types of convictions or arrests or convictions from foreign countries.

Identity verification

To use our Service, you must be at least 18 years old, or the age of majority to legally form a contract under the laws of your country of residence, whichever is greater. Please note that we monitor usage by minors, and we will terminate, suspend, or require you to verify your account if we have reason to believe that you may be a minor.

In case of exclusion or blocking of a user

All members must comply with the platform rules outlined and referenced in our Community Guidelines. If you behave in a way that goes against the Community Guidelines and Shiimmy’s values, or if you act in a way that we believe is potentially harmful to Shiimmy or its members, we may take a range of actions against your account. When determining the penalty for violating our Community Guidelines, we consider a number of factors.

For example, we can:

• Delete content

• Issue a warning

• Ban the offending member from accessing some or all Shiimmy Inc. applications.

If necessary, we may also cooperate with law enforcement to assist in possible criminal investigations related to member conduct.

Your behavior toward others outside of the Shiimmy app may also result in action against your account. If we become aware of member-to-member harm while dating, meeting with friends, through text messages or direct messaging platforms, or of relevant alleged criminal or harmful conduct in your past or outside of Shiimmy, we may take action as if it occurred on our platform.

You may not submit false requests, reports, reviews or complaints, or report for malicious, biased or illegitimate reasons.

Rights of appeal and appeal procedure

If you believe we made a mistake in taking action against your Account or Content (as defined below), you may appeal our decision within six months. If you would like to appeal a decision, please take the time to read the relevant section of our Community Guidelines . If you still believe the action taken against your account or content was a mistake, the best way to appeal is to fill out the appeal form linked to the notification that appears in the app at that time. Alternatively, you can contact us (please explain why you are appealing our decision and provide as much detail as possible).

User Notice

When you submit a Block & Report request, a member of the Support team will review it and take action based on the Shiimmy Community Guidelines , which may include a warning or ban from the app. Shiimmy will not notify the person that you reported them.

Notice regarding sexual conduct

Consent is always required. Everyone on Shiimmy is expected to discuss and respect boundaries. This includes never making assumptions about what someone is comfortable with. Consent can be withdrawn at any time, and sex is never owed to anyone and is against the law and can result in criminal or civil liability in Colorado.

Safety measures

Safety is a top priority at Shiimmy. We use a combination of human moderators and automated systems to monitor and review Shiimmy accounts and interactions for content that may violate our Community Guidelines, Terms of Service , or otherwise be harmful.

Our members play a vital role in keeping Shiimmy safe by reporting content or behavior that may violate our Community Guidelines. If you feel uncomfortable or unsafe, we strongly encourage you to remove the match or block and report the member in question. Check out this article for more information on what happens when you report to Shiimmy.

For a complete list of our security resources and measures, you can visit our Security Center and review our Security Manual .

5. CONFIDENTIALITY

For more information on how Shiimmy Inc. collects, uses and shares your personal data, you can review our Privacy Policy . By using Shiimmy, you acknowledge that we may use this data in accordance with our Privacy Policy .

6. PAYMENT TERMS

General

Shiimmy may offer products and services for purchase within the App (“In-App Purchase”). If you choose to make an in-app purchase within the App, you acknowledge and agree that additional terms, communicated to you at the time of purchase, may apply, and such additional terms are incorporated herein by reference.

You may make an in-app purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third-Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you make an in-app purchase, you authorize us to charge your chosen payment method. If we do not receive payment from your chosen payment method, you agree to promptly pay all amounts due upon demand from us.

Subscriptions and Auto-Renewal: Shiimmy may offer certain services as auto-renewing subscriptions, such as a one-week subscription, a one-month subscription, three-month or annual subscription (“Premium Services”). IF YOU PURCHASE AN AUTO-RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD AT THE PRICE YOU ORIGINALLY PAID, UNLESS YOU CANCEL IT. To avoid being charged for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or removing the app from your device does not cancel your subscription. You will be notified of changes in pricing for the Premium Services you have subscribed to, and will be given the opportunity to cancel. If Shiimmy changes these prices and you do not cancel your subscription, you agree that you will be charged the then-current subscription price on Shiimmy.

Cancellation of Subscriptions. If you purchased a Subscription directly from Shiimmy, you may cancel or change your payment method through the payment settings option on your profile. If you purchased a Subscription through a Third Party Store, such as the Apple App Store or Google Play Store, you will need to log in to your account with that Third Party Store and follow the instructions to change or cancel your Subscription. If you cancel your Subscription, you may use your Subscription through the end of the period for which you last paid, but (i) you will not be eligible for a prorated refund (except as set forth in the “Refunds” paragraph below), (ii) your Subscription will not renew at the end of that period, and (iii) you will no longer be able to use any Premium Services or In-App Purchases enabled by your Subscription.

As our Services can be used without a subscription, cancelling your subscription does not delete your profile from our Services. If you wish to terminate your account completely, you must do so in accordance with Section 16.

Shiimmy Inc. operates globally, and our pricing varies based on a number of factors. We frequently offer promotional pricing that may vary by region, length of subscription, plan size, and other factors. We also regularly test new features and payment options. Shiimmy Inc. reserves the right, without notice, to limit the quantity available of or discontinue any product, feature, service, or other offering; to impose conditions on the fulfillment of any discount, offer, or other promotion; to prohibit any user from completing a transaction; and to refuse to provide any product, service, or other offer to any user or to honor any offer.

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert to a paid subscription and your payment method will be charged at the then-current price for that subscription. Once your free trial is converted to a paid subscription, your paid subscription will continue to automatically renew at the end of each term, and your payment method will be charged until you cancel. To avoid charges for a new subscription term, you must cancel before the end of the then-current subscription term or free trial period as described above. Deleting your account or removing the app from your device does not cancel your free trial. If you have previously signed up for a free trial of Shiimmy through the Apple Store or Google Play Store, you will not be eligible for another free trial, and will instead be automatically enrolled in a subscription and billed as described in this paragraph.

Refunds. Generally, all purchase fees are non-refundable and there are no refunds or credits for partially used periods.

However :

For subscribers residing in the states of Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin, the following terms apply:

YOU, THE PURCHASER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING THE DATE OF YOUR SUBSCRIPTION (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT OF YOUR DEATH BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE WILL BE ENTITLED TO A REFUND OF THE PORTION OF ANY PAYMENT MADE FOR YOUR SUBSCRIPTION CORRESPONDING TO THE PERIOD AFTER YOUR DEATH. IF YOU BECOME DISABLED (TO THE POINT THAT YOU CAN NO LONGER USE SHIIMMY) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU WILL BE ENTITLED TO A REFUND OF THE PORTION OF ANY PAYMENT MADE FOR YOUR SUBSCRIPTION THAT CORRESPONDS TO THE PERIOD AFTER YOUR DISABILITY, BY NOTIFYING THE COMPANY IN THE SAME MANNER AS FOR REQUESTS FOR A REFUND AS DESCRIBED BELOW.

For subscribers residing outside the United States:

Subscribers who purchase weekly subscriptions are entitled to a refund of the subscription price (less the value of any portion of the subscription used as of the date the refund is requested) if requested within the first 6 days of the subscription starting.

Subscribers who purchase monthly or longer subscriptions are entitled to a refund of the subscription price (less the value of any portion of the subscription used as of the date the refund is requested) if requested within the first 14 days of the subscription starting date.

No refunds are given for subscription renewals. Blocked members are not eligible for refunds.

To request a refund:

To request a refund: In addition to canceling, eligible subscribers must request a refund to receive one.

If you signed up through Google and are located outside of the United States, your refund will be processed by Google and not Shiimmy. To request a refund, open the Google Play Store app, select your order history, find the transaction, select “Report a problem,” and submit your refund request.

If you signed up using your Apple ID, your refund will be handled by Apple (regardless of where you live) and not by Shiimmy. To request a refund, open iTunes, click on your Apple ID, select “Purchase History,” find the transaction, and tap “Report a Problem.” You can also submit a request to Apple Support .

For all other purchases, please contact our Support team with your order number (you can find the order number in the order confirmation email, or if you purchased on the Google Play Store by logging into Google Wallet). You may also send or deliver to us a signed and dated notice stating that you, the purchaser, are canceling this agreement. Please also include the email address or mobile phone number associated with your account with your order number. This notice should be sent to: Shiimmy, Attn.: Cancellations, PO Box 300940, Austin, Texas, 78703.

Taxes.

Payments required under this Section 6 do not include any sales tax that may be due in connection with the Premium Services provided under these Terms. If Shiimmy determines that it has a legal obligation to collect sales tax from you in connection with these Terms, Shiimmy will collect such sales tax in addition to the payments required under this Section 6. In the event that any Premium Services, or payments for Premium Services, are subject to any sales tax in any jurisdiction under these Terms, and you have not remitted the applicable sales tax to Shiimmy, you will be responsible for paying such sales tax and any related penalties or interest to the applicable taxing authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not impose a sales or use tax.

7. VIRTUAL ITEMS

From time to time, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features of Shiimmy, referred to herein as “Virtual Items.” You may only purchase Virtual Items through Shiimmy’s partners, or from Shiimmy. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise required by applicable law, no title or ownership in or to Virtual Items is transferred or assigned to you. This Agreement, and your purchase of Virtual Items, do not constitute a sale of any rights to Virtual Items.

Any Virtual Item balance displayed in your account does not represent an actual balance or reflect any stored value, but rather indicates the extent of your license to access Virtual Items. Virtual Items do not incur non-use fees. Your license to Virtual Items will terminate on the earlier of: Shiimmy ceases to provide services, or Shiimmy closes/terminates your account. Shiimmy may also sometimes provide Virtual Items as bonuses or portions of paid subscriptions to its services. Your ability to use Virtual Items that you access in this manner may terminate at the end of each of your subscription periods, and your access to Virtual Items cannot “roll over” or accrue for additional subscription periods. Your access to Virtual Items obtained through subscriptions may also terminate if you cancel your subscription.

Shiimmy, in its sole discretion, reserves the right to charge a fee for the right to access or use Virtual Items and/or may distribute Virtual Items with or without a fee. Shiimmy may manage, regulate, control, modify or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if any, of any Virtual Items, and Shiimmy has no liability to you for doing so. You may not sell, trade or transfer Virtual Items to any person or entity. Virtual Items may only be used through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT SHIIMMY IS UNDER NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.

8. PUSH NOTIFICATIONS; GEOLOCATED FEATURES

We may send you emails, SMS, push notifications, alerts and other messages related to the App and/or Shiimmy Services, such as improvements, offers, products, events and other promotions. When you download the App, you will be asked to accept or decline to receive push notifications/alerts. If you decline, you will not receive push notifications/alerts. If you accept, push notifications/alerts will be sent to you automatically. If you no longer wish to receive push notifications/alerts from the App, you can turn them off by changing the notification settings on your mobile phone. You may unsubscribe or opt-out of other types of messages or communications, such as emails, SMS, etc., either by following the specific instructions in those messages or by emailing us with your request at shiimmydating@gmail.com .

The Application may allow access to or provide you with opportunities to view certain content or receive other products, services and/or resources based on your location. In order to provide you with these opportunities, the Application will determine your location using one or more reference points, such as GPS, Bluetooth and/or software on your mobile phone. If you have set your mobile phone to disable GPS, Bluetooth and/or software used to determine your location, or if you do not allow the Application to access your location data, you will not be able to access these location-based content, products, services and resources. For more information on how the Application uses and retains your information, please see the Privacy Policy .

9. WARNING

THE APPLICATION, THE SITE, OUR CONTENT AND USER CONTENT ARE ALL PROVIDED TO YOU ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE MATCH COMPATIBILITY.

IF APPLICABLE LAW DOES NOT ALLOW THE FOREGOING EXCLUSION OF IMPLIED OR EXPRESS WARRANTIES, WE PROVIDE THE MINIMUM IMPLIED OR EXPRESS WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT NOT EXPRESSLY STATED IN THIS SECTION.

FURTHERMORE, WE MAKE NO WARRANTY THAT THE APPLICATION OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT YOUR USE OF THE APPLICATION OR SITE WILL MEET YOUR EXPECTATIONS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE APPLICATION, SITE, OUR CONTENT, USER CONTENT, OR ANY OTHER PART THEREOF. USE OF THE APPLICATION OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. SHIIMMY INC. DISCLAIMS ANY RESPONSIBILITY FOR USER CONDUCT. SHIIMMY INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

10. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OWNER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APPLICATION, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF PROPRIETARY RIGHTS, PRODUCT LIABILITY, OR OTHERWISE.

THIS SECTION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED FOR ANY REASON WITH THE APPLICATION OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE APPLICATION OR SITE.

YOU WAIVE ANY CLAIMS ARISING OUT OF YOUR USE OF THE APPLICATION OR SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE PROVISIONS MAY NOT APPLY. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY DESCRIBED HEREIN IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APPLICATION AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS OF LIABILITY AND EXCLUSIVE REMEDIES DESCRIBED HEREIN WILL REMAIN IN EFFECT EVEN IF THEY HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

11. COMPENSATION

All actions you take and information you post on Shiimmy remain your responsibility. You therefore agree to indemnify, defend, release or hold us and our partners, licensors, affiliates, service providers, agents, directors, employees, representatives and agents harmless from any third party claims, damages (actual and/or indirect), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising out of or relating to:

1. any negligence, omission or willfully disrespectful behavior on your part;

2. your access to and use of the Application;

3. the uploading or submission of Content to the Application by you;

4. any breach by you of the T&Cs; and/or

.

5. any breach by you of any laws or the rights of any third party

We retain the exclusive right to settle, compromise and pay any claim or cause of action brought against us without your prior consent. If requested by us, you will cooperate fully and reasonably in the defense of any relevant claim.

The above provision does not obligate you to indemnify the Shiimmy Inc. for any unfair business practices or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application.

12. PROCEDURE FOR MAKING CLAIMS FOR COPYRIGHT INFRINGEMENT

If you believe that any content on Shiimmy infringes the copyright of a work you own, please send a notification alleging such infringement (“DMCA Takedown Notice”) to Shiimmy Inc.’s Copyright Agent. The Takedown Notice must include the following:

1. a physical or electronic signature of the 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;

3. identification of the material that is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be 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 email 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;

6. a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that you claim has been infringed.

.

Takedown notices should be sent to Shiimmy Inc.’s Copyright Agent at shiimmydating@gmail.com . 

13. THIRD PARTY APPLICATION STORE

The following additional terms and conditions apply if you download the App from a third party Store. To the extent that the other Terms of these TOU are less restrictive or are otherwise inconsistent with the Terms in this section, the more restrictive or inconsistent Terms contained in this section will apply but only with respect to the App and the third party Store. You acknowledge and agree that:

1. These Terms are entered into exclusively between you and the Shiimmy Inc. and not between the Third Party Store providers. The Shiimmy Inc. (and not the Third Party Store providers) is solely responsible for the Application and its content. To the extent these Terms provide rules for use of the Application that are less restrictive or inconsistent with the applicable Terms of the Third Party Store from which you downloaded the Application, the more restrictive or inconsistent Terms of the Third Party Store will govern and apply.

2. The Third Party Store provider has no obligation to furnish any maintenance and support services with respect to the Application. Shiimmy Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider has no warranty obligation with respect to the Application and any other claims, losses, damages, costs or expenses attributable to a failure to conform to any warranty will be the sole responsibility of Shiimmy Inc..

3. The Shiimmy Inc., and not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or 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; (iii) claims arising under consumer protection or similar legislation; and/or (iv) claims of intellectual property infringement.

4. The Third Party Store provider and its affiliates are third party beneficiaries of these Terms, and upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the Application will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

If there is a conflict between the applicable terms and conditions of a third-party store or mobile carrier and these Terms, the terms and conditions of the third-party store or mobile carrier will govern. We are not responsible for and have no liability for any third-party products or services you obtain through a third-party store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

14. DISPUTE RESOLUTION

Please read carefully the following arbitration agreement in this Section (“Arbitration Agreement”). Unless you opt out as described in Section 14(10) below, this Arbitration Agreement requires you and the Shiimmy Inc. to resolve disputes through binding arbitration rather than in court, and limits the manner in which we can seek relief from each other.

1. When does this Arbitration Agreement apply? This Arbitration Agreement applies to any dispute or claim of any kind (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory) between you and the Shiimmy Inc. arising out of or relating to the Terms of Use, prior versions of the Terms of Use, your use of our App, or any other aspect of your relationship with Shiimmy, including claims or disputes that arise (but are not actually filed in arbitration) before the effective date of these Terms. It requires that disputes or claims be resolved through binding arbitration, rather than in court, except that (i) you or Shiimmy may assert individual claims in small claims court if your claims qualify; and (ii) you or Shiimmy may seek equitable relief in court for infringement or misuse of intellectual property rights.

2. Notice of Dispute and Informal Resolution. Before initiating arbitration, you and Shiimmy Inc. agree to notify each other of the dispute in writing at least 60 days before initiating arbitration. The notice to Shiimmy Inc. must be sent by mail to our registered agent: CCT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801, and must include your name, current email address, mailing address, and telephone number, and the name, email address, and telephone number associated with your Shiimmy account (if different from your current information); and describe the nature of the claim and the specific relief sought.

You and Shiimmy agree to meet and discuss, by teleconference or videoconference, in a good faith effort to informally resolve any dispute or claim covered by this Arbitration Agreement. If either party is represented by an attorney, that attorney may participate in the informal dispute resolution conference. During this proceeding, you may be offered an offer of judgment. A party defending a claim may make an offer of judgment to the opposing party on specified terms, together with costs incurred to that point. If the judgment that the party receiving the offer ultimately obtains is not more favorable than the unaccepted offer, the offeree must pay any costs incurred after the offer is made.

All offers, promises, conduct and statements made during the informal dispute resolution process by a party, its agents, employees and attorneys are confidential and are not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or non-discoverable by its use in the informal dispute resolution process.

The informal dispute resolution conference must be held within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in such conference, the parties are unable to resolve the dispute, the claimant may commence arbitration in accordance with this Agreement. Completion of such informal dispute resolution is a condition precedent to filing any claim for arbitration. Failure to do so constitutes a breach of this Agreement, and no claim for arbitration will be valid unless such written notice has been provided and good faith discussions have taken place.

Any limitation period will be suspended while the parties engage in the informal dispute resolution process described in this Section.

3. How to Start Arbitration If you and the Shiimmy Inc. are unable to resolve the dispute within 60 days, either party may file a demand for arbitration. To begin arbitration, you or the Shiimmy Inc. must send a Notice of Claim by certified mail, along with an individualized Demand for Arbitration. To be valid, the Demand must include the name of the claimant (you or the Shiimmy Inc.), your or the Shiimmy Inc.’s mailing address, the email address or phone number associated with your Shiimmy account (if applicable), and a detailed description of the dispute and the relief sought. Notice to the Shiimmy Inc. must be addressed to our registered agent at Shiimmydating@gmail.com 

4. What are the Arbitration Rules? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to its interpretation and enforcement. If the FAA is found not to apply to any issue relating to the interpretation or enforcement of this Arbitration Agreement, that issue will be decided by Texas law, notwithstanding the choice of law principles in accordance with Section 18 of the Terms. The appropriate arbitral agency will depend on where you reside. If you reside in California, the arbitration will be administered by ADR Services, Inc. in accordance with its most current Arbitration Rules and Procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you are not a California resident, the arbitration will be administered by National Arbitration and Mediation under its most recent Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms , or its most recent Supplemental Rules for Mass Arbitrations, if any, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf . If the applicable arbitration organization is unavailable to arbitrate, including because it is unable to administer the arbitration(s) in accordance with the rules, procedures, and terms of this Arbitration Agreement, including those set forth in Section 15(8) (Mass Filings), the parties will select another arbitration forum. If the parties are unable to agree on another appropriate arbitration organization, they shall request a court of competent jurisdiction to appoint an arbitrator pursuant to Section 5 of Title 9 of the United States Code, who shall be able to administer the arbitration in accordance with the rules, procedures and terms of this Arbitration Agreement. This Arbitration Agreement shall govern in the event of a conflict with the rules of the arbitration organization.

The initiating party shall pay all filing fees for the arbitration. You and Shiimmy Inc. shall be responsible for all other administrative and arbitrator fees as provided in the rules of the applicable arbitration organization, unless the arbitrator determines that the claims are frivolous. If a claim is found to be frivolous, the claimant shall be liable to the respondent for its share of all administrative, hearing and/or other costs incurred by the claim.

You may be entitled to a waiver of certain arbitration fees under the rules of the relevant arbitration organization or other applicable law. If you are eligible to commence an in forma pauperis proceeding in federal court, a Texas state court, or a court in your state of residence, if you are unable to obtain a waiver from the arbitration organization of the filing fees you are required to pay, and if the arbitration organization declines to administer the arbitration without your payment of such fees, Shiimmy Inc. will pay the filing fees on your behalf.

4. What Can the Arbitrator Decide? The arbitrator shall have exclusive authority to resolve all preliminary issues of arbitrability, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. However, the courts shall have exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of such severance, (ii) the enforceability of all or any part of the mass arbitration procedures set forth in Section 13(8), (iii) whether you have satisfied the prerequisites to arbitration, and (iv) whether an arbitration body is available to hear the arbitration pursuant to Section 14(4). The arbitrator shall have the authority to make conclusive decisions regarding all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary relief or remedy available under applicable law, the rules of the arbitral forum, and the Terms of Use (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The arbitrator’s award is final and binding on you and us.

Pursuant to Section 18 of the Terms, any initial action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in Travis County, Texas.

6. No Jury Trial. By agreeing to arbitration, YOU AND SHIIMMY INC. EACH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL. Instead, you and Shiimmy Inc. elect that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 14(1) above. An arbitrator can award on an individual basis the same damages, relief, and awards as a court, and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

6. One at a Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND THE SHIIMMY INC. ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE PROCEEDING. However, this does not preclude the use of pilot arbitrations, global mediation, or batch arbitrations as described in Section 14(8) below, or the application of the arbitration organization’s fee schedules for mass arbitrations, if any. Only relief that would be permitted in an individual proceeding is available, and claims of more than one customer or user may not be arbitrated or consolidated with those of any other customer or user, except as provided in Section 14(8) below, which does not preclude the application of the arbitration body’s fee schedules for mass arbitrations, if any. The arbitration proceeding will not be consolidated with other matters or joined with other cases or parties, except as provided in Section 14(8) below, which does not preclude the application of the arbitration body’s fee schedules for mass arbitrations, if any.

If a decision is made that applicable law precludes the application of any of the limitations in this paragraph to a particular claim for relief, the claim must be severed from arbitration and brought in the state or federal courts located in Travis County, Texas. All other claims will be subject to arbitration. This paragraph does not preclude you or Shiimmy from participating in a class resolution of claims.

8. Mass Filings. If, at any time, 30 or more similar arbitration claims are brought against Shiimmy or related parties by the same attorney or coordinated entities, or if the Shiimmy Inc. files 30 or more similar arbitration claims or counterclaims against similarly situated parties, within a 60-day period or otherwise contiguous (“Mass Filings”), the additional protocols set forth below will apply:

• Recognition of Mass Filing Protocols. If you, the Shiimmy Inc., or your or our attorney files a demand for arbitration that meets the definition of a mass filing set forth above, you and we agree that the demand for arbitration will be subject to the additional protocols set forth in this Mass Filings paragraph. If the parties disagree as to whether a series of filings meets the definition of a mass filing above, the arbitral body will decide. You and we also acknowledge that arbitration of the dispute may be delayed and that any applicable statute of limitations will be suspended from the time the demand for arbitration is filed until the pilot proceedings are resolved.

• Pilot Arbitrations. Courts and arbitration administrators encourage pilot proceedings when there are multiple disputes involving similar claims against the same or related parties. The parties will select ten individual arbitration claims (five per party), referred to as the “Initial Test Cases,” to be submitted to arbitration. Only the Initial Test Cases will be submitted to the arbitrator. All other claims will be placed on hold. This means that filing fees will be paid only for the Initial Test Cases. For all other claims for arbitration in a Mass Filing, the filing fees (as well as the arbitrator’s consideration of the other claims) will be placed on hold, and neither you nor Shiimmy will be required to pay such filing fees. You and the Shiimmy Inc. also agree that neither you nor we will be deemed to have breached this Arbitration Agreement for failure to pay such filing fee, and that neither you nor we will be entitled to any contractual, statutory or other remedies, damages or penalties of any kind for failure to pay such filing fee. If, pursuant to this paragraph, a party submits to the arbitration organization claims for arbitration that are not pilot arbitrations, the parties agree that the arbitration organization will place such claims in abeyance and will not submit them to the arbitrator until the resolution of the Initial Test Cases. Unless the claims are resolved early or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pretrial conference.

• Global Mediation. Following resolution of the Initial Test Cases, the parties agree to submit to a global mediation of all other remaining individual claims constituting the mass filing (“Global Mediation”), deferring all filing fees associated with cases other than the Initial Test Cases until the conclusion of the Initial Test Cases and the subsequent Global Mediation. Once final awards have been communicated to the mediator in the Initial Test Cases, the mediator and the parties will have 90 days to agree on a substantive methodology and make an offer to resolve the outstanding cases. If the parties fail to resolve the outstanding disputes during the Global Mediation, they may elect to withdraw from the arbitration proceeding and commence litigation for the remaining disputes. Withdrawal must be notified in writing within 60 days of the conclusion of the Global Mediation. In the absence of a notice of withdrawal, arbitrations may then be filed and administered by the arbitration organization in accordance with the bulk arbitration provision set forth in this Agreement and the arbitrator’s fee schedule for bulk filings as described in Section 14(7) above, unless the parties otherwise agree in writing. You and we also acknowledge that any applicable limitation period will be suspended pending resolution of the global mediation proceeding.

• Batch Arbitration. To increase the efficiency of the administration and resolution of arbitrations, you and the Shiimmy Inc. agree that if a Mass Filing is not resolved through the pilot arbitration and global mediation procedures described above, the arbitration organization will: (1) administer the remaining arbitration claims in batches of 100 claims; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with a single set of filing and administrative fees payable per party per batch, a single procedural schedule, a single hearing (if any) at a location to be determined by the arbitrator, and a single final award (“Batch Arbitration”). If the arbitration organization does not administer the arbitration in batches with a single set of filing and administrative fees payable per party per batch, the arbitration organization’s mass arbitration fee schedule will apply.

• Application of Paragraph. A competent court located in a location permitted under Article 18 of the General Conditions shall have the power to enforce this paragraph.

9. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may make an offer in writing to the other party to permit judgment on specified terms. If a party’s offer is not accepted by the other party and the other party does not obtain a favorable decision, the other party will not be entitled to recover any post-offer costs to which it would otherwise be entitled and will be required to pay the costs of the party making the offer from the time of the offer.

10. Opt-Out. Updates to the Shiimmy Terms of Service do not provide you with the ability to opt out of arbitration if you agreed to a prior version of the Shiimmy Terms of Service that contained an arbitration provision and did not validly opt out of arbitration.

• Previous or Existing Users. Users who previously agreed to arbitration may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these Terms. Existing or previous users who do not opt ​​out of this updated Arbitration Agreement will be bound by this Arbitration Agreement, and it will apply to all disputes between such users and Shiimmy, including those that arose (but were not yet subject to arbitration) before the effective date of these Terms. Demands for arbitration that were already filed with an arbitration organization prior to the effective date of this Arbitration Agreement and pursuant to a prior version of this Arbitration Agreement are subject to the terms of the prior version.

11. Severability. Except as provided in Section 14(7), if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable under the law, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If a court decides that any of the provisions of the Arbitration Agreement above are invalid or unenforceable because they would preclude the exercise of a non-waivable right to seek public injunctive relief, any dispute over the right to such injunctive relief (and only such injunctive relief) must be severed from the arbitration and may be brought in court. All other disputes subject to arbitration under the provisions of the Arbitration Agreement shall be arbitrated in accordance with its terms.

12. Survival of Agreement. The terms of this Arbitration Agreement will survive, even after your relationship with Shiimmy ends.

15. USE OF THIRD PARTY INTEGRATIONS

If you use the Snap Lenses feature offered in our app, or any other augmented reality features provided by Snap similar to Snap Lenses, you must comply with the Snap Inc. Terms of Use , which contain an arbitration clause that waives any right to participate in a class action or class arbitration. If you do not agree to be bound by the Snap Inc. Terms of Use, you may not use the augmented reality camera features provided by Snap in our app.

16. TERMINATION AND REMEDIES

These Terms are effective on the date you accept them (as described in the preamble) and continue until terminated in accordance with these Terms.

You may delete your account at any time by logging into the app, navigating to the “Settings” tab (the gear icon), and following the instructions to delete your account. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which the applicable fees were paid, and you will not be entitled to any refund, except as provided in Section 6. In addition to deleting your account, you will need to cancel/manage any recurring subscriptions purchased through a third-party store (e.g., iTunes or Google Play) to avoid additional charges.

In the event that Shiimmy Inc. determines, in its sole discretion, that you have violated any part of these Terms of Use, misused the App, or engaged in conduct that Shiimmy Inc. considers inappropriate or illegal (whether on or off the App), Shiimmy Inc. reserves the right to: (a) notify you via email (to all email addresses you have provided to Shiimmy Inc.) that you have violated the Terms of Use; (b) delete your User Content; (c) terminate your account; (d) terminate your subscriptions without refund; (e) notify and/or send your User Content to the appropriate law enforcement authorities and/or fully cooperate with them in taking further action; and/or (f) take any other action that Shiimmy Inc. deems appropriate. You agree that all terminations for cause will be made in the sole discretion of Shiimmy Inc. and that Shiimmy Inc. will not be liable to you or any third party for any termination of your account.

Termination of these Terms or your account includes removal of access to your account, as well as all associated information and content associated with or within your account.

If your account is terminated by you or the Shiimmy Inc. for any reason, all provisions of these Terms which by their nature should survive shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. Your information will be retained and deleted in accordance with our Privacy Policy .

17. MISCELLANEOUS

There are a few more things we need to mention before you can use Shiimmy.

These Terms, as we may amend from time to time, constitute the entire agreement between you and the Shiimmy Inc.. The TOU supersede any prior agreement, representation or understanding between us, whether written or oral, except the Privacy Policy. Nothing in this clause limits or excludes any liability for fraudulent misrepresentation.

The Shiimmy Inc. has taken reasonable steps to ensure the timeliness, availability, accuracy and completeness of the information contained on Shiimmy and provides such information on an “as is” and “as available” basis. The Shiimmy Inc. makes no warranties or representations of any kind regarding the information contained on Shiimmy, whether express or implied. Use of Shiimmy and any material available on the App is at your sole risk. The Shiimmy Inc. will not be liable for any loss related to the transmission, use of data or inaccurate Member Content.

You are responsible for taking all necessary precautions to ensure that the material you obtain from Shiimmy is free of viruses or other harmful components. You agree that Shiimmy will not be provided without interruptions or errors, that defects cannot be corrected, or that the Shiimmy Inc., or the server that makes it available, are free of viruses, bugs, spyware, Trojan horses or other similar malicious software. The Shiimmy Inc. is not responsible for any damage to your computer hardware, software or other equipment or technology, including without limitation damage from any security breach or virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network malfunction or any other technical or other malfunction.

Communications between you and Shiimmy Inc. may occur electronically, whether you use the App or send emails to Shiimmy Inc., or Shiimmy Inc. posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Shiimmy Inc. electronically; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shiimmy Inc. provides to you electronically satisfy electronically if they were to be in writing. The foregoing does not affect your statutory rights, including, but not limited to, the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

We know our T&Cs are great but sometimes we have to change them.

As Shiimmy continues to grow, we may need to change our Terms. We reserve the right to modify, change, or make changes to the Terms at any time (a “Change”). When we do, the Changes will appear on this page and we will indicate the effective date of the updates at the bottom of these Terms. In some circumstances, we may send you an email to notify you of the Changes. We may also ask you to accept our changes, but we will notify you of these changes. Please check this page regularly to stay up to date with the Changes. We want our users to be as informed as possible.

By continuing to use Shiimmy following a Change, you agree to the Change and will be legally bound by the updated Terms. If you do not agree to the Changes to the Terms, you must immediately stop using Shiimmy (this is going to be tough!).

Additional Conditions

If for any reason any of the Terms are found by a court or jurisdiction to be illegal, invalid or otherwise unenforceable, such term or condition shall be severed and the remainder of the Terms shall remain in full force and effect, binding and enforceable.

Failure or delay in exercising any right, power or privilege hereunder shall not constitute a waiver of such rights or operate as a modification of the TOS. The partial or single exercise by either party of any right, power or privilege shall not preclude its further exercise or the exercise of any other right, power or remedy.

You represent and warrant that:

1. you are not located in a country that is subject to a U.S. government embargo or that has been designated as a terrorist supporting country by the U.S. government;

2. you are not listed on any U.S. government list of prohibited or controlled parties.

By using the App, you agree and acknowledge that Shiimmy is an international app provided by servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as your country of residence. By completing your personal information, choosing to upgrade the services you use, or using the apps available on Shiimmy, you agree to have your personal information transferred to, stored and processed in such countries or destinations.

The Application may contain links to third-party websites or sources. In such cases, you acknowledge and agree that we are not responsible and shall not be liable for:

1. nor the availability or accuracy of such sites or sources;

2. nor the content, products or services available on or from such sites or sources.

The display of hyperlinks to external sites or sources does not constitute an endorsement by us. You take full responsibility for your use of such sites or sources and assume the risks. Framing, hotlinking, or other methods of association with the application are expressly prohibited without prior written permission.

You may not transfer or assign these TOS, or any rights or licenses granted therein. We may assign them without restriction.

In the event of any inconsistency between the English version and the translated versions of these Terms of Use, the English version shall prevail.

If you have any questions, complaints or claims regarding the App, please contact us at feedback@team.Shiimmy.com .

18. APPLICABLE LAW AND FORUM.

Subject to Section 14(3), your access to the App, our Content and any Member Content, any claims arising out of or relating to your relationship with the Shiimmy Inc., and these Terms are governed by and construed in accordance with the laws of the State of Texas. All claims arising out of or relating to these Terms and/or your relationship with the Shiimmy Inc. that for any reason are not subject to arbitration, and all claims or matters challenging the enforceability or applicability of the arbitration provisions herein, shall be litigated exclusively in the federal or state courts located in Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree not to file or participate in any class action against us.

19. THE SHIIMMY INC.

The Terms constitute a binding legal agreement between you as a user (“You”) and the Shiimmy Inc. (“We”). 

Effective date

The Terms were last updated on January 7, 2025