Acceptance of the Terms

These Terms of Use ("Terms") apply to your access to and use of the website located at https://www.thematchmakingnetwork.com (or any successor links) and all associated web pages and services (the "Site" or "Services") operated by When We First, Inc. ("The Matchmaking Network," "Company," "we," "our," or "us").

By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including the warranty disclaimers and releases set forth in the Dispute Resolution and Arbitration section, which limit our liability and your ability to bring certain claims against us.

BY AGREEING TO THESE TERMS, EXCEPT (I) FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION, OR (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED THEREIN, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Services. If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The "Current as of" date above indicates when these Terms were last changed. If we make future changes, we may provide notice (for example, by email, a notice through our Services, or by updating the date above). Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance.

Privacy Policy

Your use of, and participation in, the Services is subject to the terms set forth in our Privacy Policy. Our Privacy Policy details how we collect and use your information, including the principle that limited profile details may be visible to approved network matchmakers, but your direct contact information will not be shared without your permission.

Nature of the Services

The Matchmaking Network is a private, referral-based network that connects quality singles with professional matchmakers. We are not a swipe-based dating app or an online dating service. We do not publish public dating profiles, run a public directory, or facilitate self-service messaging between members. Introductions occur only after the candidate explicitly consents to share contact information through a matchmaker's intro request.

Access to the Services; Account Registration

By accessing the Services, you warrant that:

You are legally capable of entering into binding contracts;
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
Your use of the Services does not violate any applicable law or regulation;
You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal, or local sex offender registry;
You do not have more than one account on our Services;
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

To use member-only areas of the Services, you may be required to create a user account ("Account") using passwordless magic-link authentication. You are solely responsible for any activity that occurs through your Account. You agree to provide complete, accurate, and updated information at all times. We are not responsible for errors or delays caused by inaccurate or outdated information.

You should not share your Account credentials or use another person's Account without permission. You are solely responsible for keeping your Account secure.

We have the right to disable any identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms. You may delete your Account by emailing us at support@thematchmakingnetwork.com.

Fees, Matchmaker Payments, and ID Verification

Joining the network as a single is free. The Matchmaking Network may charge fees for certain services, including but not limited to: (a) matchmaker membership fees billed manually via authorized payment links, and (b) an optional identity-verification badge for singles. All charges are described at the point of purchase, and additional terms may apply and are incorporated herein by reference.

All charges for purchases are nonrefundable except where required by applicable law. Where state law requires a cancellation right (for example, in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin), you may cancel without penalty prior to midnight of the third business day following the date of purchase by emailing support@thematchmakingnetwork.com with your order details.

We may at any time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also change or remove any pricing model in place.

Cancellations by The Matchmaking Network

We may suspend or terminate your use of the Services as a result of fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services. You can only use the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Use of the Services; Restrictions on Use

We may from time to time develop and provide updates, change the Services, restrict access (including for registered users), or withdraw or terminate the Services entirely without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.

You may only use the Services as explicitly authorized. Without limiting the foregoing, you may not:

Use the Services for any revenue generating endeavor or commercial purpose other than authorized matchmaker activity, without our express written consent;
Misrepresent your identity, age, qualifications, credentials, or affiliations;
Express or imply that any statements you make are endorsed by The Matchmaking Network;
Scrape the Services or use automated or manual means to take our content without our express prior written consent;
Modify, adapt, translate, reverse engineer, decompile, or disassemble any of the Services;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Interfere with the proper working of the Services or any activities conducted on the Services;
Bypass, circumvent, or attempt to bypass any access-control measures;
Run any form of auto-responder or "spam" on the Services;
Post materials that encourage discrimination, racism, sexism, or violence;
Use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame, or otherwise infringe on the rights of any other party;
Share another member's contact information, photo, or profile details outside the Services without that member's written consent;
Otherwise take any action in violation of these Terms.

Content

While using our Services, you will have access to: (i) content that you upload or provide ("Your Content"); (ii) content that other users upload or provide ("Member Content"); and (iii) content that we provide on and through our Services ("Our Content"). "Content" includes all text, images, video, audio, profile information, and direct messages.

Your Content

You are solely responsible and liable for Your Content. You represent and warrant that the information you provide is accurate, including any information submitted via Instagram or other third-party sources, and that you will update it as necessary.

The content included on your profile should be relevant to the intended use of the Services. By submitting Your Content, you represent and warrant that you have all necessary rights and licenses, and you grant us a license to use Your Content solely to operate the Services. We may monitor, review, remove, edit, limit, or block any of Your Content at any time in our sole discretion, but have no obligation to do so.

Member Content

Member Content belongs to the user who provided it and is stored on our servers and displayed at the direction of that user, subject to our privacy model (anonymized previews to matchmakers; full details only after the candidate consents). You may not copy or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

Our Content

All other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and intellectual property appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property laws.

Email and Notifications

We use email (including transactional emails sent via our email service provider) to deliver magic-link sign-in messages, intro requests, referral invites, and other notifications relating to your account. You may opt out of non-essential notifications at any time. We do not operate an SMS texting program; we do not call or text users for marketing.

Links to Third-Party Websites

We may provide links to third-party websites or services. You acknowledge that any access is at your sole discretion and for your information only. We do not endorse and are not responsible for those websites or services or any content, products, or practices on them.

Intellectual Property

Except as expressly granted in these Terms, we reserve and retain all right, title, and interest in the Services, including all technology, processes, trademarks, service marks, site design, text, video, graphics, logos, images, and icons. Using the Services does not give you any ownership of any intellectual property rights in our Services. Any unauthorized use is strictly prohibited.

Digital Millennium Copyright Act

If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a "Notification of Claimed Infringement" containing the elements required by 17 U.S.C. § 512. Notices and counter-notices should be sent to support@thematchmakingnetwork.com. Please consult your legal advisor before filing as there are penalties for false claims under the DMCA.

Availability of the Services

Although we aim to offer the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. Your access may occasionally be restricted to allow for repairs, maintenance, or new features. We will not be liable to you if the Services are unavailable from time to time.

Warranty Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES OR INTRODUCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR MATCHMAKER. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON MEMBERS. THE OPTIONAL IDENTITY-VERIFICATION BADGE CONFIRMS ID DOCUMENT AUTHENTICITY ONLY AND DOES NOT VOUCH FOR CHARACTER, INTENT, OR FITNESS FOR A RELATIONSHIP.

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU, COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND THE COMPANY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

Informal Resolution. Before initiating arbitration, the party with a claim must send written notice describing the nature and basis of the claim and the relief sought to support@thematchmakingnetwork.com (for claims against the Company) or to the email address on file (for claims by the Company). If the dispute is not resolved within thirty (30) days after receipt of such notice, either party may submit the dispute to binding arbitration.

Binding Arbitration. Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to intellectual property rights, all disputes will be resolved by a neutral arbitrator through final and binding arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules. The arbitrator may not consolidate more than one individual's claims or preside over any class or representative proceeding.

Governance. These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

One Year to Assert Claims. To the extent permitted by law, any claim must be filed within one year after it arises; otherwise, the claim is permanently barred.

Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending written notice (including your full name, mailing address, and email address) to support@thematchmakingnetwork.com. By opting out, you agree to resolve disputes in accordance with the Governing Law section below.

Severability. If any portion of this section is found to be unenforceable, that provision will be severed and the remainder will remain enforceable.

Governing Law

These Terms and any claims made hereunder will be governed by and construed in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict-of-law principles. If any claim is not subject to arbitration, the state and federal courts located in Manhattan, New York will have exclusive jurisdiction.

Severability

If any part of these Terms is invalid, void, or unenforceable, that term will be severed and limited to the minimum extent necessary; the remaining terms will remain in full force and effect.

Entire Agreement

These Terms (together with the Privacy Policy and any Supplemental Terms) constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications. Any rights not expressly granted herein are reserved.

Force Majeure

We will not be liable for any failure to perform any obligation under these Terms if the failure results from a cause beyond our reasonable control.

SMS Notifications

If you separately opt in to SMS notifications, The Matchmaking Network may send you text messages regarding matchmaker connection or introduction requests and related account reminders. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. SMS consent is optional and is not required to create or maintain a profile.

Assignment

You cannot assign, transfer, or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent.

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part.

Release

You release the Company and our successors from all losses, damages, rights, demands, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542. This release does not apply to any claims for unconscionable commercial practice by the Company or fraud, deception, false promise, misrepresentation, or concealment.

Digital Workbooks — Licensed, Not Sold

All digital workbooks, guides, and downloadable materials offered through The Matchmaking Network™ are licensed, not sold. When you purchase or download a workbook, you receive a limited, personal, non-transferable, revocable license to use the material for your own personal, non-commercial use. You do not acquire any ownership interest in the workbook or its content.

Except with our prior written permission, you may not:

copy, reproduce, or duplicate any workbook, in whole or in part;
share, distribute, forward, or transfer a workbook to anyone else;
resell, sublicense, or otherwise commercialize the material;
upload, post, or make the material available on any website, cloud drive, or platform;
use the material in any coaching, counseling, group, or commercial program;
use the material to train, fine-tune, or evaluate any artificial intelligence or machine-learning model;
create derivative works, translations, adaptations, or excerpts based on the material.

Every workbook is watermarked with the purchaser's name and order details. Violations of this license may result in termination of your access, revocation of your license, and civil or criminal action. Digital purchases are non-refundable once downloaded.

Comments, Concerns and Complaints

All feedback, comments, requests for support, and other communications relating to the Services should be directed to support@thematchmakingnetwork.com.