Terms of Service

1. Accepting these Terms

By creating an account, or by accessing or using the Service, you agree to these Terms and to the policies they incorporate: our Privacy Policy, Community Guidelines and Subscription Terms. If you don't agree, please don't use the Service.

We may update these Terms from time to time, as described in Section 19.

2. Who can use AFF

You may use the Service only if all of the following are true:

• You are at least 18 years old, or the age of majority where you live if that is higher.
• You can form a binding contract with TurboDuck, and you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
• You have never been convicted of, or pleaded guilty or no contest to, a felony, a sex crime, or any crime involving violence or a threat of violence, and you are not required to register as a sex offender with any government authority.
• We have not previously removed you from the Service, unless we have given you written permission to create a new account.
• You are not located in a country subject to a comprehensive U.S. embargo, and you are not on any U.S. government list of prohibited or restricted parties.

3. Your account

You sign in to AFF with Sign in with Apple. We never receive your Apple ID password. You are responsible for all activity on your account, so keep your device secure and let us know right away if you believe someone else is using your account.

• You may have only one account, and you may not sell, share or transfer it.
• The information in your profile must be accurate. Your nickname may be a first name or a nickname, but your birth date and the photos and video in your profile must be genuine and yours.
• You are responsible for any mobile data charges from your carrier when you use the app.

4. Profile videos and review

AFF is built around real profiles. To appear in the live list and in Nearby, you must record a short profile video with your device's front camera inside the app. The video must show you. It may not show another person, a recording of a screen, or edited, filtered to disguise, or AI-generated content.

• Your profile photos must also show you.
• We review profile videos before your profile is shown to other members, and again when you replace them. We may also review your photos and profile text.
• We may decline or remove a video or photo that doesn't meet these Terms or our Community Guidelines, ask you to record a new one, and hide your profile until you do.

What review is, and isn't. Review helps confirm that a profile video was recorded in the app and that the person in it is the person shown in the profile. It is not an identity check, a background check, or a verification of anyone's age, name, intentions or history. Always follow our safety tips.

5. Community rules

You agree to follow our Community Guidelines. In particular, you agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• impersonate anyone, misrepresent your identity, age or affiliation, or use photos or videos of someone else;
• harass, bully, stalk, threaten, intimidate or defame anyone;
• post or send content that is sexually explicit, violent, hateful or discriminatory, or that sexualizes or exploits minors in any way;
• ask for money or anything of value, promote investments or cryptocurrency, or run scams of any kind;
• advertise or solicit commercial services, including escort or sex work;
• use bots, scripts, scrapers or other automated means to access the Service or to collect information about members;
• interfere with or disrupt the Service, or try to gain unauthorized access to other accounts or to our systems;
• reverse engineer, decompile or copy the app, except where the law expressly permits it;
• create a new account after we have removed one of yours;
• share another member's personal information or private messages without their consent.

6. Content you share

“Your Content” means the information and material you add to the Service, such as your profile details, photos, profile video, messages and feedback. You own Your Content.

You grant TurboDuck a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, display, format (for example, compress or crop), and distribute Your Content, and to let service providers acting on our behalf do the same, solely to operate, provide, secure and improve the Service. This license ends when Your Content is deleted from the Service, except for copies we keep as described in our Privacy Policy, for example time-limited backups and records we must keep for safety or legal reasons.

You confirm that you have the rights needed to share Your Content and that it doesn't violate these Terms, the law or anyone else's rights. We don't review everything members share, and we aren't responsible for content posted by members, but we may review, restrict or remove any content at any time.

If you send us ideas or suggestions, we may use them without any obligation to you.

7. Other members and your safety

You are solely responsible for your interactions with other members. TurboDuck does not conduct criminal background checks on members and does not verify the statements members make. We make no promises about the conduct or compatibility of any member.

• Take reasonable precautions when you communicate or meet in person, and read our Safety Center.
• Never send money or share financial information with someone you met on AFF, however convincing their story.
• Report anyone who breaks these Terms or makes you feel unsafe. If you are in danger, contact local emergency services first.

8. Online status, location and Nearby

While you use AFF, other members may see that you are online, for example with an “Active now” label and a green dot in the live list.

Nearby is optional. When you use it, and only with your permission, we use your device's location to work out your city. Other members see your city, never your exact location. Nearby results depend on members being available in your area, and we don't guarantee that any member will be online, reply to you or meet you.

We may change how the live list and Nearby work to improve the Service.

9. AFF Premium and purchases

Some features, including Nearby, require AFF Premium, which you buy in the app through Apple's App Store. Payment, automatic renewal, cancellation and refunds are handled by Apple under Apple's terms, as explained in our Subscription Terms.

• Except where the law or Apple's policies require otherwise, purchases are non-refundable, and there are no refunds or credits for partly used periods.
• A lifetime purchase gives you access to Premium features for as long as we offer Premium and your account remains active. It cannot be transferred to another account.
• We may change Premium features or prices. Price changes for subscriptions follow Apple's process, which may require your consent.
• If we terminate your account because you violated these Terms, you are not entitled to a refund, except where the law requires one.

10. Our intellectual property

The Service, including the app, the AFF and AFF Dating names and logos, designs, text, graphics and software, belongs to TurboDuck or its licensors and is protected by intellectual property laws.

We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to use the app on Apple devices that you own or control, for your personal, non-commercial use, in line with these Terms and Apple's Usage Rules. To report copyright infringement, see our Copyright & IP Policy.

11. Third-party services

The Service relies on third-party services such as the Apple App Store, Sign in with Apple and Apple's notification service. Their own terms and privacy policies apply to your use of them. We are not responsible for third-party services, or for websites linked from AFF.

12. Apple App Store terms

If you downloaded the app from the Apple App Store, you also agree to the following:

• These Terms are between you and TurboDuck only, not Apple. TurboDuck, not Apple, is solely responsible for the app and its content.
• Your license to the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may also be used by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are TurboDuck's responsibility, subject to these Terms.
• TurboDuck, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, TurboDuck, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app should be sent to TurboDuck at turboduck@foxmail.com, or by mail to TurboDuck LLC, 2461 Charmaine Lane, Monticello, FL 32344, United States.
• You must comply with any applicable third-party terms, such as your wireless data service agreement, when you use the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

13. Suspension and termination

You can stop using AFF and delete your account at any time in the app (Me → Delete account). See Delete your account. Deleting your account does not cancel an Apple subscription; you cancel that in your Apple Account settings.

We may suspend or terminate your account, hide your profile or remove content at any time if we believe that you violated these Terms or our Community Guidelines, created a risk or possible legal exposure for us or for other members, or where the law requires it. Where we can, and where it is safe to do so, we will tell you why. If you think we made a mistake, you can appeal by writing to turboduck@foxmail.com.

Sections 6, 10 and 14 to 20 continue to apply after your account ends.

14. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, TurboDuck disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that any content will be accurate, or that you will find a match, receive a reply or meet anyone. We are not responsible for the conduct, online or offline, of any member.

Some jurisdictions don't allow the exclusion of implied warranties, so some of these disclaimers may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, TurboDuck and its affiliates, officers, employees and licensors will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for any loss of profits, data, use or goodwill, arising out of or relating to (i) your use of, or inability to use, the Service; (ii) the conduct or content of any member or third party, online or offline; or (iii) unauthorized access to or use of your content, even if we have been advised of the possibility of such damages. Our total liability to you for all claims relating to the Service will not exceed the greater of (a) the amount you paid, directly or through Apple, for the Service in the 12 months before the event giving rise to the claim, or (b) US $100.

These limits apply to every theory of liability, even if a remedy fails of its essential purpose. Some jurisdictions don't allow certain damages to be excluded or limited, so some of these limits may not apply to you.

16. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless TurboDuck and its affiliates, officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable attorneys' fees, that arise out of your use of the Service, Your Content, your interactions with other members, or your breach of these Terms or of any law.

17. Dispute resolution and arbitration

17.1 Try to resolve it with us first

Before starting a formal claim, please contact us at turboduck@foxmail.com with your name, the account ID shown in the app, a description of the dispute and the outcome you are looking for. We will try in good faith to resolve it informally within 60 days.

17.2 Agreement to arbitrate

Except as described in Section 17.3, you and TurboDuck agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time. The arbitrator decides all issues, including whether a Dispute can be arbitrated, except that a court decides any question about whether the class action waiver in Section 17.4 is enforceable. The Federal Arbitration Act governs this Section 17.

17.3 Exceptions

Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court for injunctive relief to stop the infringement or misuse of intellectual property.

17.4 Class action waiver

You and TurboDuck agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding.

The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding.

17.5 Location and fees

Arbitration will take place by video conference, or in the county where you live, unless we agree otherwise. Fees are governed by the AAA Consumer Arbitration Rules, and TurboDuck will pay the fees those rules assign to businesses.

17.6 30-day right to opt out

You can opt out of this agreement to arbitrate by writing to turboduck@foxmail.com within 30 days after you first accept these Terms. Include your name, the account ID shown in the app and a clear statement that you opt out of arbitration. Opting out doesn't affect any other part of these Terms.

17.7 If part of this Section is unenforceable

If the class action waiver is found unenforceable for a Dispute, that Dispute will be decided in court rather than in arbitration. If any other part of this Section 17 is found unenforceable, the rest remains in effect.

18. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act where it applies. For any Dispute that isn't arbitrated, you and TurboDuck agree to the exclusive jurisdiction of the state courts located in Jefferson County, Florida, or the United States District Court for the Northern District of Florida.

If you live in a country whose mandatory consumer protection laws give you the right to bring claims in your local courts or under your local law, nothing in these Terms takes those rights away.

19. Changes to the Service and these Terms

We may change, add or remove features of the Service. We may also update these Terms. If a change is material, we will tell you in the app or by another reasonable method before it takes effect. The “Last updated” date at the top shows when these Terms last changed. If you keep using the Service after a change takes effect, you accept the updated Terms. Changes to Section 17 will not apply to Disputes that were already filed before the change.

20. General terms

• Entire agreement. These Terms, together with the policies they incorporate, are the entire agreement between you and TurboDuck about the Service.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Notices. We may send you notices in the app or by email. You can send notices to turboduck@foxmail.com or by mail to TurboDuck LLC, 2461 Charmaine Lane, Monticello, FL 32344, United States.
• Language. If we provide a translation, the English version controls.

21. Contact us

TurboDuck LLC
2461 Charmaine Lane, Monticello, FL 32344, United States
Email: turboduck@foxmail.com
Legal representative: Tony H Dillion, CEO