Terms of Service
Updated as of May 25, 2024
MatchMachine is owned and operated by Jedi Technologies, Inc. MatchMachine is not affiliated with Match.com or the MatchGroup in any way.
If you have any questions or comments about these Terms of Service (TOS), please contact us at [email protected].
By downloading or using MatchMachine you agree to these TOS and our Privacy Policy.
If you are under the age of 18, you may not download or use MatchMachine.
Public figures depicted on MatchMachine.com are not affiliated with Jedi Technologies, Inc. and do not endorse MatchMachine.com in any way. The public personas are used as examples for teaching various Psychological and Astrological archetypes.
Advice, Commentary and/or any kind of description given that is for, or based on, personality archetypes or descriptions is for entertainment purposes only.
General
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS.
YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL, TEXT, SMS AND OTHER MESSAGES FROM US, AND AGREE THAT WE MAY USE YOUR EMAIL ADDRESS, AND OTHER PERSONAL INFORMATION FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. Receiving these communications is a condition of using MatchMachine and you will not be able to opt out of receiving them while you are a member.
We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will provide you with a Notice when you open MatchMachine. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with MatchMachine in any way, your only option is to delete your account. Your continued use of MatchMachine after we post revised TOS means that you agree to the revisions.
You must be at least 18 years old to download MatchMachine. By requesting to use, or using MatchMachine, you represent and warrant that you are not required to register as a sex offender with any government entity.
MatchMachine is free and has optional subscription services, but your Internet provider’s or mobile operator’s fees and rates may still apply.
Conduct On MatchMachine
You may not use MatchMachine to:
Keep your password private and secure, and always remember to log off of MatchMachine at the end of each session.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
MatchMachine is for your personal use only and you may not use it for any other purpose. You may not use MatchMachine in connection with any commercial activity. Companies and other organizations may not become members of MatchMachine nor use MatchMachine without our express prior approval. We reserve the right to investigate any suspected unauthorized uses of MatchMachine and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
We may establish general practices and limits concerning use of MatchMachine, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time.
These guidelines are not exhaustive, and we have the right to make all judgments regarding the applicability of these guidelines – in letter or in spirit – in our sole and absolute discretion.
No Spam Policy
You may not engage in any activity involving spam on MatchMachine. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on MatchMachine. Violations of this policy could subject you or your agents to civil and criminal penalties.
Safety and Security
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
We care about your safety and have created a resource to help you use MatchMachine. Please visit www.socialsafety.org for important tips to help you stay safe online.
Content
By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, messages or other materials of any kind, whether publicly posted or privately transmitted. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. Except as set forth in our Privacy Policy, we are not responsible for any Content that you upload or transmit on MatchMachine. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
We do not claim ownership of your Content, but you hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, combine, synchronize, create derivative works from, publicly perform and publicly display such Content (including your user name and likeness) on MatchMachine or otherwise for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion. We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen Content, but that we have the right to do so. We have the right to remove any Content that violates the TOS or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.
You may not reproduce, republish, further distribute or publicly exhibit any Content on MatchMachine that is not yours.
Subscriptions and Virtual Currency
Subscriptions
You may purchase a subscription product (such as MatchMachine+). For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Both Apple and Google facilitate “free trials” of subscription products (such as MatchMachine+) for first-time users and we take advantage of that ability. For example, from time to time we offer a free initial week to first-time MatchMachine+ subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to MatchMachine+, through either a current or prior MatchMachine account. If you are a previous MatchMachine+ subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for MatchMachine.
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.
Our Proprietary Rights
MatchMachine and the software used in connection with MatchMachine contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access MatchMachine by any means other than through an interfaces we provide.
We May Contact You
You agree that we may communicate with you by email, text messaging, phone or otherwise; usually our communication will relate to administrative, security and other issues relating to MatchMachine, including invitations to participate in promotional activities, newsletters and other communications. We may include in our communications advertisements and other third party promotional materials, campaigns and tools. Receiving these communications is a condition of your use of MatchMachine, and you will not be able to opt out of receiving them. You may, however, block all communication from us by deleting your MatchMachine account.
Availability of Service
We may at any time and from time to time modify, restrict or discontinue MatchMachine or any part of MatchMachine, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of MatchMachine.
We may without prior warning or subsequent notice terminate your account and access to MatchMachine for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation (i) if you violate or fail to comply with the TOS, the Privacy Policy or other related agreements or guidelines, (ii) if you provide false information during registration or in your profile, (iii) if you do not use MatchMachine for an extended period of time, (iv) by request of law enforcement or other government agencies, (v) for discontinuance or changes made to MatchMachine or any part thereof, or (vi) technical or security issues or problems. We will make all termination decisions in our sole discretion and we will not be liable to you or any third party for any termination of your account or access to your Content or MatchMachine.
Dealings With Advertisers
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through MatchMachine, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on MatchMachine. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
Third Party Links
MatchMachine may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
YOU USE MATCHMACHINE AT YOUR SOLE RISK. WE PROVIDE MATCHMACHINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE DO NOT GUARANTEE THAT MATCHMACHINE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MATCHMACHINE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) MATCHMACHINE WILL MEET YOUR REQUIREMENTS, (2) MATCHMACHINE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF MATCHMACHINE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH MATCHMACHINE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH MATCHMACHINE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF MATCHMACHINE’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE MATCHMACHINE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MATCHMACHINE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MATCHMACHINE; OR (5) ANY OTHER MATTER RELATING TO MATCHMACHINE.
OTHER USERS OF MATCHMACHINE WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON MATCHMACHINE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF MATCHMACHINE.
WE ARE NOT LIABLE FOR ANY LOST OR DELETED INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE DOLLAR ($1.00).
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH MATCHMACHINE, YOUR ACCESS AND USE OF MATCHMACHINE, YOUR CONNECTION TO MATCHMACHINE, YOUR VIOLATION OF THE TOS, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Disputes and Arbitration
You agree that any dispute relating in any way to these TOS or MatchMachine, including without limitation your or third parties’ access to or use of MatchMachine, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF MATCHMACHINE THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.
YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
Arbitration under these TOS and the Privacy Policy shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association (AAA) or JAMS, at the election of the party filing a claim in arbitration. That organization will apply its rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision, this arbitration provision and the TOS will control. Notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award either party attorneys’ fees. In the event that JAMS or the AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you are unable to afford any fees that you would otherwise be required to pay, you may request us to pay or reimburse them, and we will consider your request.
Rules and forms for filing an arbitration claim can be found at www.jamsadr.com or www.adr.org. Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed.
Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MatchMachine or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
How To Make Claims Of Copyright Or Other Intellectual Property Infringement
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
Please provide claims of copyright or other intellectual property infringement to us at [email protected]. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
Miscellaneous
You may not use MatchMachine where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. These TOS are governed by and construed in accordance with the laws of the state of Arizona without regard to conflicts of laws principles. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect.
These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
Deleting Your Account
You can delete your account by going to Settings and clicking the tab to delete your account.
Our Contact Information
If you have questions regarding these Terms of Service, please contact us.
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Jedi Technologies, Inc. |
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9971 E. Speedway Suite 12101 |
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Tucson, AZ 85748 |
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Att’n: Legal Department |
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