Terms & Conditions and Privacy Policy

Last updated on Mar 05 2024.
We regularly refresh our Terms & Conditions and Privacy Policy to ensure your safety and satisfaction.

Please take a moment to review our Terms & Conditions and Privacy Policy. Your well-being and privacy are our top priorities.

Terms & Conditions
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1. Acceptance of the Terms of Use Agreement.

Welcome to Spinus! Here we outline the terms and conditions of using Spinus. By creating an account on our platform, you agree to our Terms & Conditions, our Privacy Policy, Cookie Policy. All of these constitute our agreement, and it's important that you carefully read them before using the Service.

We may make changes to our agreement from time to time to adapt to new legal requirements, add new features, or modify our business practices. We will always post the most recent version on our website and within the service, so it's important to check it regularly. If we make significant changes that affect your rights or obligations, we will notify you.

Please remember that if you do not agree with the terms of our agreement, you will not be able to use the Service. If you have any doubts or questions about our terms and conditions, feel free to contact us. Thank you for trusting Spinus!

2. Eligibility.

In order to create an account, access, and use the Service, you must meet the following requirements:

- Be at least 18 years of age.
- Be able to agree to Spinus' terms.
- Not be prohibited by the laws of the United States or any other applicable jurisdiction from using the Service (for example, not being on the specially designated nationals list of the U.S. Department of the Treasury).
- Comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- Not have been convicted of any crime or felony, any sexual offense, or any violent offense, and not be required to register as a sex offender in any state, federal, or local registry.
- It's important that you meet all of these requirements in order to use the Spinus Service. If you have any questions about your eligibility, please don't hesitate to contact us. Thank you for trusting Spinus!

3. Your Account

To use our service, you can log in in various ways, particularly with your phone number and email. If you want to learn more about the data we collect and how we use it, take a look at our Privacy Policy.

Remember, you are responsible for keeping your Spinus login credentials confidential. This includes your username and password. Additionally, you are solely responsible for all activities that occur on your account. So, if you suspect that someone has accessed your account without your permission, please contact us immediately so we can assist you.

4. Service Modification and Cancellation

At Spinus, we continuously strive to enhance our service and make it more appealing and useful for you. Therefore, from time to time, we may introduce new features and improvements to our product, and we may also remove certain functions if they prove to be unhelpful for our users.

If we make any changes to our service that do not substantially affect your rights and obligations, we may not notify you in advance. However, if for any reason we need to suspend the service entirely, we will notify you in advance, unless there are security circumstances preventing us from doing so.

Delete Account
Should you decide to cancel your account at any time, you can do so easily by following the instructions available within the App under "Settings" selecting "Delete account" and following up with the deletion indications.

We want to remind you that if you breach the Agreement with Spinus at any time, the company reserves the right to cancel your account without prior notice. In the event of such cancellation, you will not be entitled to receive any refunds for purchases you have made.

However, if you reside in the Republic of Korea, Spinus is committed to promptly notifying you of the reason for this action, unless there are reasons preventing us from doing so. For example, if notification is illegal or if it could jeopardize the security of the service.

Please note that even if your account is canceled, some provisions of the Agreement will still apply to both you and Spinus. Specifically, articles 4, 5, and articles 11-17 remain in effect.

5. Security

At Spinus, we take the security of our users very seriously, which is why we want to remind you of some important measures to keep in mind.

Firstly, we want to ensure that you have a respectful and pleasant experience on our platform. To achieve this, we have incorporated a double opt-in feature, meaning you can only communicate with other users who have also expressed mutual interest. However, while we strive to provide a safe environment, we cannot be held responsible for users' conduct within or outside of our Service.

Therefore, we recommend always exercising caution in all your interactions with other users, especially if you decide to communicate or meet with them outside of our platform. Additionally, we ask that you review and follow our Security Tips before using our services to ensure your safety and that of other users.

Lastly, but certainly not least, it's important to protect your financial information. Never share your credit card details or bank account information with other users, and avoid transferring money electronically or through other means. The security of your finances is crucial for your well-being, and we are concerned about the potential for fraud or scams.

We want you to have a positive and secure experience on Spinus. Always remember to exercise caution in your interactions with other users, review our Security Tips, and safeguard your financial information.

It's also important to note that you are solely responsible for your interactions with other users on Spinus. We want you to feel safe on our platform, but it's important to understand that we cannot verify the criminal backgrounds of our users or investigate their past.

For this reason, we ask that you always act with caution and prudence in your interactions with other users, especially if you decide to communicate or meet with them outside of our service. At Spinus, we do not make statements or offer guarantees regarding the behavior or compatibility of our users.

It's important to remember that each user is different and may have different values, interests, and personalities. While our platform is designed to facilitate connections between users with common interests, we cannot guarantee that all users will behave respectfully or be compatible with you.

In summary, we want you to enjoy your experience on Spinus and feel safe on our platform. Thank you for being part of our community!

6. Rights Granted by Spinus

At Spinus, we are pleased to grant you a personal license to access and use our Services. We want you to enjoy all the features we offer and feel comfortable using our platform.

The license we grant you is worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable. This means you have the right to access and use our Services solely for the purpose of using them as permitted by Spinus in this Agreement.

It's important to note that if you take actions against these terms, the license we have granted you will be automatically revoked. Therefore, we recommend that you carefully read this agreement and ensure compliance with all the terms and conditions set forth.

Firstly, it's important to know that you cannot use the service or any content of the service for commercial purposes without the written consent of Spinus. You also cannot copy, modify, transmit, create derivative works from, use, or reproduce any copyrighted material or image, trademarks, trade names, service marks, or other intellectual property without the prior written authorization of Spinus.

Furthermore, you cannot explicitly or implicitly state that the statements you make are endorsed by Spinus. You also cannot use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or any other automated device or method to access the service.

You must not use the service in any way that may interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service. Conversely, you must not upload viruses or other malicious code or in any way compromise the security of the service.

Do not falsify headers or manipulate identifiers in any way to conceal the origin of information transmitted to or through the Service. Additionally, you must not "frame" or "mirror" any part of the service without prior written authorization from Spinus.

It's also important not to use tags or meta code or other devices containing references to Spinus or the Service to direct other people to other websites for any purpose. Do not modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or disassemble any part of the service in any way.

Furthermore, you cannot use or develop third-party applications that interact with the service or with content or information from other users without the written consent of Spinus. You also cannot use, access, or publish the Spinus application programming interface without its written consent.

It's important to mention that Spinus may investigate and take legal action in response to illegal and/or unauthorized uses of the service, including the cancellation of your account. Finally, do not encourage or promote any activity that violates this agreement.

7. Rights Granted to Spinus

When you create an account on Spinus, you are allowing Spinus to use the information you share from the account you register with, and any other information you post on the Service. This means that Spinus has permission to store, use, and display that information worldwide without having to pay you for it. The only exception is when others use your content outside of the Service, in which case Spinus may take action to stop that use.

It's important to mention that this license you grant to Spinus is not exclusive, except for new things created using the Service. For example, if someone takes a screenshot that includes your content, Spinus would have exclusive permission over that screenshot.

Also, in case someone misuses your content outside of the Service, you authorize Spinus to take legal action on your behalf, such as sending takedown notices under copyright laws.

However, Spinus will only use your content to improve the Service and for other users to see it while they use it. Additionally, you should be aware that all the information you share on the Service can be viewed by other users and visitors.

By creating your account, you confirm that all the information you provide is accurate and that you have the right to share it on the Service. You also understand that Spinus may monitor and remove any content it considers to violate the rules or damage the reputation of the Service.

When communicating with the customer support team, it's important to be respectful. If you behave threateningly or rudely, Spinus reserves the right to cancel your account.

Lastly, as part of using the Service, you agree that Spinus and its partners may display ads on it. And if you submit suggestions or feedback to Spinus, they may use that information without compensating you for it.

It's relevant to mention that Spinus may access your information and content, in addition to storing and sharing it if the law requires it, to comply with this agreement or if they believe it is necessary to protect their legitimate interests, such as ensuring compliance with laws or responding to security issues.

Rules for Using the Service Safely and Friendly

- Do not use the Service for illegal activities or activities prohibited by these rules.
- Do not use it maliciously or to harm Spinus or its users.
- Follow our Community Guidelines, as we may need to update them from time to time.
- Do not share unwanted content or attempt to scam or solicit money from other users.
- Do not impersonate someone else or post photos or videos of other people without their permission.
- Do not harass, spy, intimidate, insult, abuse, or defame anyone.
- Do not post things that violate the rights of others, such as their privacy, trademarks, or copyrights.
- Avoid posting threatening, sexually explicit, violent, or hateful content.
- Do not promote racism, intolerance, hatred, or violence.
- Do not ask for passwords or personal information from other users for illegal or commercial purposes, nor share personal data of others without their permission.
- Use only your account and do not share or manage multiple accounts.
- If we have already canceled your account for not complying with any rule, do not create another one without our permission.

If you fail to comply with these rules, Spinus may investigate and close your account without compensation or refund if we deem your behavior inappropriate or illegal, within or outside the Service.

9. Users Content

At Spinus, we review and remove content that violates the rules mentioned earlier, but the person who posts it is primarily responsible. We cannot guarantee that all content complies with these rules. If you encounter something that violates these rules while using the Service, please notify us through the Service or using our contact form.

10. Copyright Infringement Notification

If you believe someone has copied and shared your work on the Service in a way that violates your copyright, you can inform us using this form.

When contacting us regarding a potential copyright infringement, please make sure to provide the following information:

- An electronic or physical signature of someone authorized to represent the copyright owner.
- A description of the copyrighted work you believe has been infringed.
- Details of where the allegedly infringing material is located on the Service, so we can locate it.
- Your contact information, such as your address, phone number, and email, and the identity of the copyright owner.
- A written statement in which you affirm in good faith that the use of the material in question is not authorized by the copyright owner, their legal representative, or the law.
- A statement from you, under penalty of perjury, confirming that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- In the case of repeat infringers, Spinus may terminate their accounts.

11. Disclaimers

SPINUS PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPINUS DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ALL DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THE CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE.

SPINUS IS NOT RESPONSIBLE FOR THE CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ACCESS TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.

SIMILARLY, SPINUS IS NOT LIABLE FOR THE ACTIVITIES OR ACTIONS THAT ITS USERS TAKE OUTSIDE OF THE APPLICATION, EVEN IF THERE ARE RELATED CONTENTS, OR IF ITS USERS PLAN ACTIVITIES WITHIN THE APPLICATION TO GO INTO THE REAL WORLD. SPINUS WILL IN NO EVENT BE LIABLE FOR ANY ACT, SPORT, OR GATHERING PROMOTED VIA THE APP.

12. Third-Party Services

At times, you may come across advertisements, promotions from other companies, and links to other websites or online resources within the Service. However, Spinus has no control over whether these websites or resources will be available. If you choose to interact with external companies through our Service, the terms and conditions of those companies will govern your relationship with them. Spinus is not responsible for their actions or terms.

13. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPINUS NOR ITS AFFILIATES, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS SHALL IN ANY EVENT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER DIRECT OR INDIRECT, AND ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SPINUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPINUS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SPINUS FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE MAY NOT APPLY TO YOU.

14. Arbitration and Waivers

Unless prohibited by law in your region, any dispute related to the Service or this Agreement shall be resolved through BINDING ARBITRATION. This process will follow simplified arbitration rules. You may only bring an individual claim in a competent court or request that litigation proceed in court if both parties agree or if the defendant requests it after an arbitrator has been appointed. You may not participate in class actions or representative actions against Spinus under any circumstances.

By using the service, you agree to this arbitration agreement and waive your right to bring your disputes to court, except in certain cases that may be heard in competent courts. You also waive your right to participate in class actions or other representative actions. Disputes will be resolved by a NEUTRAL ARBITRATOR, not by a judge or jury. The arbitrator will make decisions on claims and conflict-related issues. You will be entitled to a fair hearing. The arbitration process is usually simpler and faster than a trial. The arbitrator's decisions are binding and can only be overturned in very limited circumstances.

If it is necessary to enforce this arbitration agreement, it can be done in a competent court. If this arbitration agreement is deemed unenforceable, you may only bring your claims against the Company in courts in Middletown, Delaware, unless other competent jurisdiction rules apply. You agree to the jurisdiction of those courts.The European Commission's online dispute resolution platform is available at http://ec.europa.eu/odr. Spinus will not participate in dispute resolution proceedings before consumer arbitration entities for users in the European Union or the European Economic Area.

15. Applicable Laws

For users in the European Union, the European Economic Area, and other regions where arbitration agreement is prohibited by law, the laws of Middletown, Delaware, USA, (without Delaware's conflict of laws rules) shall govern any dispute related to this Agreement or the Service. The arbitration agreement shall be subject to the Federal Arbitration Act. Texas laws shall not override consumer protection laws in those jurisdictions.

16. Courts

Unless you reside in the European Union or the European Economic Area, and unless your claims can be brought in a local court, any dispute related to this Agreement, the Service, or your relationship with Spinus that is not resolved through arbitration shall be adjudicated in the state or federal courts of Delaware County, USA. You and Spinus agree that these courts have jurisdiction over the matter and waive any objection that these courts are inconvenient.

17. Your Indemnification

To the extent permitted by law, you agree to protect, defend, and indemnify Spinus, our partners, and their/our officers, directors, agents, and employees from any claim, demand, loss, cost, damage, expense, including legal fees, related to your use of the Service, your Content, or any breach of this Agreement.

18. Entire Agreement and Other Matters

This Agreement, which includes our Privacy Policy, Cookie Policy, Security Tips, Community Rules, and Arbitration Procedures (if applicable), along with any other terms you agree to when purchasing additional features, products, or services on the Service, constitutes the entire agreement between you and Spinus regarding the use of the Service. If any part of this Agreement is deemed invalid, the remaining parts shall remain valid. Not exercising a right or provision of this Agreement does not waive that right or provision. Your Spinus account is not transferable, and all your rights to it terminate upon your death. This Agreement does not create any special relationship, joint venture, or agency between you and Spinus, and you cannot act on behalf of Spinus or bind us in any special way.

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Privacy Policy
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Hello! Welcome to Spinus Privacy Policy, where we explain everything about how we take care of your information. Here we'll tell you how we collect, store, protect, and share your data, and with whom we do it. It's important to read this alongside our terms of use for a complete understanding.

When you use our mobile application (also available in desktop version), our websites and microsites (such as Spinus.app), or enjoy our digital products and services (like contests or surveys), we'll be collecting certain information about you. Additionally, you may share information with other users, such as your friends and contacts. In some cases, we may need to share your information.

Our application and websites are global, so your information will be stored in the United States, regardless of where you are. This Policy details how we protect your personal information when it is transferred, so we recommend you read it carefully. We are here to protect your data and ensure your privacy!

About Us
‍We are Spinus, LLC, the entity behind the Spinus App and the https://spinus.app domains. We oversee the collection and processing of personal information through these platforms. If you have any questions about your data and how we store your information, you can contact us via email at support [at] spinus [dot] app.

1. INFORMATION COLLECTION

Registration Information
When you download the App and create an account ("Account"), we may collect certain information ("Registration Information") about you, such as:

- Name;
- Last name;
- Email address;
- Mobile number;
- Gender identity;
- Date of birth;
- Photos and/or videos;
- Location;

Once registered on Spinus, you can review and change your information at any time by logging in. You can update details such as your date of birth and location, with the latter being automatically updated if you have granted Spinus access in your device settings. It's important to keep your account updated, for example, if you change your phone number. The information we collect helps us improve the App and verify our Users. Some registration details, such as your name and username, may be visible to other Users on your profile.

‍Profile Information
‍It's important to consider the information we share on Spinus. We recommend avoiding posting sensitive data such as email addresses, URLs, phone numbers, full names with addresses, banking information, identification documents, driver's licenses, or other personal data on the profile, as they could be subject to abuse or misuse.

Please note that the responsibility lies with you when sharing information about yourself or using the chat feature. You can refer to section 4 for more details on who can access what you post on Spinus.

‍Profile Verification Information
‍To ensure security and an optimal user experience on Spinus, we request that users verify their accounts. The goal is to ensure that you are not a robot and to prevent the creation of fake accounts that could be used for malicious activities. Verification also helps prevent fraud.

‍Location Information
‍If you have allowed Spinus to access your location in your mobile device settings, we will collect information about WiFi access points and other location data, such as longitude and latitude. This information helps us determine your physical location and personalize the app experience. Additionally, it facilitates interaction with other users by displaying general location information on your profile and showing profiles of nearby users.

If you wish to deactivate location services, you can do so by following these steps:

- For iPhone devices: Go to Settings, Privacy, Location Services, Spinus.
- For Android devices: Go to Settings, Location, Spinus, Permissions, Location.

‍Device and Photo Information
‍When you use the application, we may collect information about your device, such as its unique identifier, model, and operating system, for various purposes as outlined in this policy.

We also collect data about your posts, profile photos, and videos, such as the amount of time users spend on each, which ones generate more searches, or which ones have more common interests. This data may be used to rearrange your profile photos in a way that benefits you.

‍Links
‍We may track your activity when using the links available on Spinus, including those directing to third-party services, by collecting information about clicks and other related data. We may also share statistics based on this data, such as the number of times a link has been clicked.

‍Success Stories from Spinus, Surveys, and Other Contributions
‍Occasionally, we conduct surveys for research purposes and may reach out to you to inquire if you're interested in participating. We might also contact you to request feedback, testimonials, or participation in marketing campaigns. These activities are optional, and you'll receive more information at the corresponding point of contact. If you prefer not to be contacted for surveys or marketing campaigns, you can reach out to us using the "Help and Contact" section in the Spinus App Settings.

‍Contacting the Help Center
‍If you contact our Help Center in the "Help and Contact" section, we'll receive your email address, and we may record your IP address and any information you send us to assist in resolving your request. We will retain copies of the communications we exchange with you, as well as any reports you have filed against other users (and those you have received) for a period of 6 years after you deactivate your account.

‍Cookies and Similar Technologies
‍When visiting our Sites or using our App, we may automatically collect your personal data through the use of cookies or similar technologies. A cookie is a small file that can be stored on your device or browser and helps us recognize and remember you.

If you'd like more information about cookies, how we use them, and the options available to you, please refer to our Cookie Policy https://spinus.app/terms-conditions-and-privacy-policy.

2. USE OF YOUR INFORMATION

With the aim of providing you with a pleasant experience, we may use your registration and other information to:

- Offer you our services and features.
- Keep you informed about the application, including updates and new features.
- Personalize the application/website and the content we offer you.
- Conduct research and analysis on your interaction with the application/website.
- Test new technologies and processes to improve the application/website.
- Resolve disputes, troubleshoot issues, and enforce our Terms of Use.
- Investigate fraud, protect our legal rights, and enforce our Terms of Use (https://spinus.app/terms-conditions-and-privacy-policy).
- Send you information about available promotions and offers, provided you have subscribed to our communications or have given us your consent. We will not use your information in direct email marketing campaigns without your explicit consent, which you can provide during the account creation process or through the app settings. Additionally, you will have the option to unsubscribe at any time through the app settings or by using the opt-out mechanisms and links provided in each message.
- Protect both our users and third parties from potential harm.

‍Our Contact Algorithms
‍Spinus aims to provide value-added content and facilitate equitable relationships. We have developed matching algorithms to predict your compatibility with other individuals and show you profiles that we believe may offer you valuable content. These algorithms use various signals based on the profiles of the members of our app, such as your swipes or matches with other users. We use these signals to recommend relevant profiles and maximize the chances for everyone to find meaningful connections on our platform.

The matching algorithms are based on several factors and utilize machine learning to classify profiles and increase the chances of finding compatible connections. To predict your compatibility and generate profile recommendations, we use data about you and other users, such as the information provided in your profile (such as age, distance, or gender), your activity on the app, and the coordinates of your device to understand your proximity to other members.

The processing of profile and proximity information is based on the need to fulfill our contractual services. Additionally, if you have included sensitive information in your profile, such as beliefs, the processing of this information is based on your explicit and voluntary consent.

‍Moderation Practices
‍We use a combination of automated systems and a team of moderators to monitor and review user accounts, including photos and any other information uploaded to profiles, as well as messages that may violate our Terms of Use. If an account or message meets certain criteria suggesting an infringement, actions will be taken such as a warning, restriction, and/or blocking of the corresponding user's access. Affected users have the option to contest the decision by contacting Spinus.

In the event that you post content that does not comply with our Terms of Use, we reserve the right to cancel or restrict access to your account.

‍Legal
‍According to data protection laws, we are required to inform you about our legal basis for using your data, which we have established in the following table. If the legal basis is consent, you have the right to withdraw it at any time. If the legal basis is legitimate interests, you have the right to object to the use we make of your data. In relevant sections of this Policy, we explain how you can withdraw consent or opt out of certain uses of data, where applicable, you can contact us using the "Help and Contact" section in the Spinus App Settings.