Terms and Conditions

Last updated: March 26, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program named ByteAffinity provided by the Company and downloaded by You on any electronic device.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ByteAffinity LLC, with an address at 158 Lambertville Hopewell Rd, Hopewell, NJ 08525.

You means the individual accessing or using the Service or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Content refers to content such as text, images or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Service refers to the Application and the website hooked.mobi, and the services made available by Us.

Terms and Conditions (also referred as the "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed by, included in or made available by the Service.

Acknowledgment

These Terms and Conditions govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access or use the Service.

You represent and warrant that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and applicable privacy. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding Your account credentials and are liable for all activities that occur under Your account.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username: (i) the name of another person or entity or that is not lawfully available for use; (ii) a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene.

Fees, Charges, and Refunds

We reserve the right to introduce fees or charges for the use of certain features or services within the Application. Any such charges will be processed through the Apple App Store or Google Play Store, in accordance with their respective payment policies. You will be notified in advance of any applicable fees, and your continued use of the Service after such notification constitutes your acceptance of any new fees or charges. You are responsible for reviewing the pricing and terms of any in-app purchases or subscriptions before completing a transaction.

All purchases made through the Application, including in-app purchases and subscriptions, are non-refundable. This includes any fees or charges applied to your account, whether for one-time purchases or recurring subscriptions. Please review the pricing and terms carefully before confirming any purchase, as no refunds or credits will be provided once a transaction is completed.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to the Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms; and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

· Unlawful activity or promoting unlawful activity.

· Defamatory, discriminatory, or mean-spirited content, including without limitation references or commentary about religion, race, sexual orientation, gender, national/ethnic origin or other targeted groups.

· Spam, machine -generated or randomly - generated material, unauthorized or unsolicited advertising, chain letters, any other unauthorized solicitation or any form of lottery or gambling.

· Containing or installing any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

· Infringing on any proprietary rights of any party, including without limitation patent, trademark, trade secret, copyright, right of publicity or other rights.

· Impersonating any person or entity, including without limitation the Company and its employees or representatives.

· Violating the privacy of any third person.

· False information and features.

The Company reserves the right, but not the obligation, in its sole discretion, to determine whether or not any Content is appropriate and complies with the Terms, or to refuse or remove any Content. The Company further reserves the right to make formatting changes and edits and to change the manner of any Content. The Company may limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss, liability, damage, cost or expense of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, among other things, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability or obligation related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. We may respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our Copyright Agent via email at support@hooked.mobi and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for losses, liabilities, damages, costs and expenses (including without limitation attorneys' fees and expenses) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent via email at support@hooked.mobi with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

· Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

· Your address, telephone number and email address.

· A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at support@hooked.mobi. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws of both the United States of America and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Subject to Your compliance with these Terms and Conditions, and subject to Our termination, suspension and revocation rights set forth in these Terms and Conditions, We grant You a limited, non-exclusive license to install on your personal mobile device and use, for your personal use only, the Application.

Your Feedback to Us

You hereby assign to the Company all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any loss, liability, damage, cost or expense caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, consequential, punitive, or other similar damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, the Company and its affiliates shall not be liable for any incidental, consequential, or indirect damages (including but not limited to emotional distress, personal injury, or loss of opportunity) arising out of or related to Your use of the Service or interactions with other users, even if a background check was performed on a user involved.

In no event shall the Company be liable to You for any damages of any kind, including without limitation direct, indirect, incidental, consequential, special, or punitive damages, even if the Company has been advised of the possibility of such damages.

You acknowledge and agree that Your use of the Service is entirely at Your own risk, and You voluntarily assume all risks associated with using the Service, including but not limited to meeting, interacting, or communicating with other users, whether online or offline.

To the fullest extent permitted by law, the Company’s total liability for any claims, damages, or causes of action (whether in contract, tort, including negligence, or otherwise) is limited to zero U.S. dollars (USD $0). This limitation applies to all claims, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, or any other legal theory.

Jurisdiction-Specific Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. However, in such jurisdictions, the Company’s liability will be limited to the fullest extent permitted by applicable law. If you are located in one of these jurisdictions, your exclusive remedy for any claims related to the service will be limited to:

  1. The lesser of: (a) half the amount you paid through the service during the 30 days preceding the claim or violation, or (b) the minimum amount allowed under applicable law.
  2. Liability Cap: In no event will the Company’s total liability to you for any claims arising out of or related to the use of the Service exceed one hundred U.S. dollars (USD $100).

Time Limitation

Any remedies available under this clause will apply only to payments made for services provided within 30 days prior to the claim, unless a longer period is required by applicable law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation or warranty of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of New Jersey, United States of America, excluding its conflicts of law rules, shall govern the Terms and Your use of the Service. Your use of the Application also may be subject to other local, state, national or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to revise these Terms at any time by posting an updated version here. Where possible, we will provide notice of any significant changes. Your continued use of the service after any such updates constitutes your acceptance of the revised Terms.

Indemnification

By using the Service, you acknowledge and voluntarily assume all risks associated with any meetings or interactions arranged through the Service, including but not limited to risks of personal injury, emotional distress, or property damage. To the fullest extent permitted by applicable law, you agree to release, indemnify, and hold harmless the Company, its affiliates, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to any injury, harm, or loss that occurs during or after such meetings or interactions, regardless of whether the other party has passed a background check, identity verification, or other screening process.

This waiver includes but is not limited to injuries caused by the actions of third parties, unforeseen circumstances, or acts of nature. The Company makes no representations or warranties regarding the safety, character, or intent of any user of the Service.

In no event will the Company’s total liability to you for any claims arising out of or relating to the use of the Service exceed one hundred U.S. dollars (USD 100). This waiver does not apply to any injuries resulting from the Company’s gross negligence or willful misconduct, to the extent such limitation of liability is prohibited by applicable law.

User Responsibilities and Risks

No Guarantee of Connections or Event Availability

No Guarantee of Successful Connections

While ByteAffinity provides tools to facilitate spontaneous connections, including the 'Last Minute Adventure' feature, the Company does not guarantee that users will find a date or any specific interaction. The availability of connections depends on external factors, including user activity and participation, which are beyond the Company’s control.

Limitation of Liability for Unsuccessful Connections

The Company is not liable for any failure to meet, connect, or communicate with other users on the Service. Users acknowledge that ByteAffinity's Hooked is a platform designed to facilitate potential connections, and the Company makes no representations or warranties regarding the likelihood or success of finding a last-minute date or event. Any reliance on interactions or opportunities presented through the platform is at the user’s own risk.

Risk Assumption for Unsuccessful Interactions

Users agree and acknowledge that participation in ByteAffinity's Hooked spontaneous connection features, including 'Last Minute Adventure,' carries the inherent risk that connections may not materialize. The Company is not responsible for any emotional distress, disappointment, or dissatisfaction resulting from the failure to secure a meeting, date, or event through the platform.

Disclaimers for Real-Time Features

The availability of 'Last Minute Adventure' and other spontaneous connection features depends on real-time user participation and external factors. The Company does not warrant the consistent availability of other users for connections or meetups at any given time.

Events Availability Disclaimer

The availability of events and meetups through the Service may vary by location and time. The Company makes no guarantees about the availability, timing, or success of any events listed on the platform.

Personal Responsibility

You acknowledge that You are solely responsible for Your interactions with other users. We do not guarantee the safety, character, or intent of any user.

No Warranty of Safety

Even if We provide background check services or other verification tools, You agree and acknowledge that the Company makes no guarantees, warranties, or representations about the accuracy of the information obtained from such checks. Passing a background check does not mean that a user is safe or trustworthy. You agree that the Company is not responsible for the conduct of any user before, during, or after using the Service.

Risk Assumption

By using the Service, You agree that meeting, communicating, or interacting with users carries inherent risks, including but not limited to, risks of physical harm, emotional distress, or injury. You agree that You fully assume all risks associated with such interactions, whether online or in-person, and that the Company is not responsible for any injuries, damages, or negative outcomes.

Safety Measures

While We provide tools and guidelines to enhance user safety (including profile verification, community reporting, and potential future background checks), We do not guarantee the actions, intent, or behavior of users. It is Your responsibility to exercise caution and use the available safety features when arranging in-person meetings.

No Liability for Injuries or Harm

You acknowledge and agree that the Company will not be held liable for any physical injuries, emotional harm, loss, or damages that occur as a result of interactions facilitated through the Service. This includes but is not limited to incidents occurring during dates or spontaneous meetups arranged via the Application. You are encouraged to meet in public, well-lit places and inform trusted individuals of Your plans.

Injury Waiver

By using the Service, You release the Company, its affiliates, officers, employees, and agents from any claims or liability arising from any injury or harm that occurs during or after a meeting arranged through the Service, even if the user involved has passed a background check or other verification process. This waiver includes injuries due to third-party conduct or unforeseen circumstances during such meetings.

Verification & Background Checks

Optional Background Checks

The Company may, in the future, offer optional or required background check services for users. These services may be provided by third-party vendors, and by agreeing to undergo a background check, You consent to the collection and sharing of Your personal information with the third-party provider for the purpose of conducting the check.

No Guarantee

The Company makes no representation or warranty as to the accuracy, completeness, or reliability of background check results. Even if a user has passed a background check, it does not guarantee that user’s safety, character, or intentions. The Company assumes no liability for any actions or incidents involving users who have undergone background checks.

No Duty to Conduct Checks

The Company is under no obligation to conduct background checks on any user and may choose not to offer background checks for any or all users at its sole discretion. You agree that the absence of a background check does not make the Company liable for any harm or damages caused by other users.

Content and Interactions

Your Responsibility

You are responsible for the content You post on the Service and for the legality and appropriateness of all interactions with other users. The Company reserves the right to remove any content or restrict user access if content or behavior is deemed inappropriate or harmful.

Dispute Resolution

If any disputes arise between You and another user, You agree to attempt to resolve the issue informally before seeking legal action. The Company is not responsible for mediating user disputes but may, at its discretion, intervene to remove harmful content or users.

AI Disclaimer

The Company may use artificial intelligence (“AI”) or machine learning technology in certain features of the Service (including but not limited to match suggestions, personalized content, or user-behavior analysis). You acknowledge and agree to the following:

By continuing to use AI-driven features of the Service, you acknowledge that the AI is not a substitute for your own diligence and judgment in assessing other users or situations.

Facial Recognition & Biometric Data Disclaimer

Overview: Our Service may use advanced AI-driven matching features that analyze certain attributes of user-provided photos (e.g., facial data) to suggest potential connections or matches based on user activity. By uploading or using any photos in the Application, you acknowledge and agree to the following terms regarding the collection and processing of such data.

1. Consent to Use of Facial Data

By uploading photos or otherwise providing images of yourself through the Service, you explicitly consent to the collection, storage, and processing of such images for the purpose of facilitating our AI-based matching features. If you do not agree to these terms, please refrain from uploading photographs or disable photo-based matching features (if opt-out is available).

2. No Disclosure of Proprietary Methods

You acknowledge and agree that the specific methods, algorithms, or technologies used to perform this matching are proprietary and confidential. The Company does not disclose detailed technical information about the internal workings of these features. Any high-level descriptions provided are for general informational purposes only and do not constitute a waiver of the Company’s rights or trade secrets.

3. No Guarantee of Accuracy or Results

The AI matching feature, including any facial recognition or biometric analysis, is provided "AS IS" and "AS AVAILABLE". We do not guarantee the accuracy, correctness, or reliability of any suggested matches or connections based on your photos, nor do we guarantee that you will achieve any particular outcome or compatibility result.

4. Assumption of Risk

You understand and agree that any suggestions, matches, or user interactions that may arise from these AI-driven features are used at your own risk. The Company disclaims all liability for any decisions you make or actions you take based on these suggestions, as well as any incidents, harm, or injury arising out of reliance on the AI matching features.

5. No Endorsement or Verification

Our facial recognition or biometric matching features are designed to help enhance user engagement and discoverability but do not constitute an endorsement, guarantee, or official verification of a user’s identity, character, or intent. We strongly encourage users to exercise caution and conduct their own due diligence when connecting or meeting with any individual through the Service.

6. Data Retention and Removal

We may store and process the facial data or embeddings derived from your photos for as long as necessary to provide the matching feature. If you wish to remove your photos or request deletion of associated biometric data, please follow the instructions outlined in our Privacy Policy or contact support@hooked.mobi. However, we cannot guarantee immediate removal from all backups or historical records.

7. Limitation of Liability

To the fullest extent permitted by law, the Company, its affiliates, officers, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use or misuse of this facial recognition feature, including but not limited to incorrect matches, failure to match, or unauthorized access to or use of your photos or biometric data by third parties.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law provisions. Any disputes that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

By using the Service, you agree that any claims or disputes arising out of or relating to your use of the Service must be pursued on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You expressly waive any right to participate in class actions, class arbitrations, or other representative actions or proceedings. The arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

By continuing to access or use the Service after any revision is made, You agree to be bound by the revised Terms. If You do not agree to the revised Terms, in whole or in part, you must stop using the Service and delete the Application and are not authorized or licensed to access or use the Service or Application.

Contact Us

If you have any questions about these Terms and Conditions, You may contact Us as follows:

· By email: support@hooked.mobi