Terms of Service
A binding contract between you and Howl Dating, Inc. covering eligibility, account use, time-windowed access, content you submit, prohibited conduct, our authenticity safeguards as best-effort rather than warranty, payments and subscriptions, Apple/Google passthrough, our liability cap, indemnification, arbitration, and how disputes are resolved.
You should read this. It contains a binding arbitration clause and a class-action waiver. You may opt out of arbitration within 30 days of first acceptance (Article 18.6).
Read the full Terms of Service
Article 1 — Introduction & Acceptance
1.1 These Terms of Service (the "Terms") form a binding legal agreement between you and Howl Dating, Inc., a Delaware corporation ("Howl," "we," "us," or "our"), governing your access to and use of the Howl mobile application, the website at www.howldating.com, and any related services, software, content, APIs, or features we provide (collectively, the "Service").
1.2 By creating an account, taking a verification selfie, sending or receiving messages, downloading or installing the Service, or otherwise accessing or using any part of the Service, you accept and agree to be bound by these Terms, the Privacy Policy (Section 2), the Biometric Information Consent (Section 3), the Community Guidelines (Section 4), and any additional terms presented in-app for specific features (collectively, the "Agreement"). If you do not agree, you must not access or use the Service.
1.3 We may amend these Terms at any time. For material changes, we will provide at least thirty (30) days' notice via in-app notification or to the email on file, except for changes required by law or to address a security incident, which may take effect immediately. Continued use after the effective date of an amendment constitutes acceptance. The "Last updated" date at the top of this page reflects the most recent revision.
1.4 If any term in this Article 1 conflicts with another part of the Agreement, the term most favorable to enforceability of the Agreement controls, subject to applicable law.
Article 2 — Eligibility
2.1 Age. The Service is offered exclusively to individuals who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are at least 18.
2.2 No Minors. The Service is not designed for and is not directed to anyone under 18. If we learn or have reasonable grounds to believe a user is under 18, we will terminate the account, delete the associated data in accordance with the Privacy Policy, and may report the matter to authorities where required by law.
2.3 Capacity & Compliance. You represent that you have legal capacity to enter into a binding contract; you have not been previously suspended or banned from the Service; your use does not violate any law, treaty, regulation, or court order; you are not on any U.S. government list of prohibited or restricted parties; and you are not located in a country embargoed by the U.S. government.
2.4 Registered Sex Offenders & Certain Felonies. If you are a registered sex offender or have been convicted of a violent felony, you are not permitted to create an account or use the Service.
2.5 Discretion. Even where a court has not restricted your eligibility, we may, in our sole discretion, decline to provide the Service to anyone and may refuse, modify, suspend, or terminate accounts at any time, with or without notice, for any lawful reason.
Article 3 — Account Registration & Verification
3.1 Registration. To use the Service, you must register an account by providing the information we request, which may include a mobile phone number, gender for matching purposes, the gender(s) you are looking for, an age range, an approximate distance radius, and a verification selfie taken in real time using your device's front-facing camera. Each session you participate in requires a new live selfie.
3.2 Selfie Integrity. You agree to take selfies only of yourself; that you are the same individual depicted in each selfie; and that you will not upload pre-captured photos, photos of other individuals, AI-generated imagery, deepfakes, masks, screen presentations, or any depiction other than a real-time image of yourself. Submission of any selfie that is not of yourself, taken live, is fraud and is grounds for immediate termination and may be referred to law enforcement.
3.3 Mood & Profile Elements. The Service may permit you to provide limited profile elements (for example, a three-emoji "mood"). All profile elements are subject to this Agreement and may be reviewed, restricted, or removed at our discretion.
3.4 Account Security. You are responsible for keeping your credentials confidential and for all activity through your account. You agree to notify us immediately at security@howldating.com of any unauthorized access. We are not liable for loss arising from your failure to comply with this clause.
3.5 One Account. You may maintain only one active account. Creating multiple accounts, impersonation, or use of another's identity is prohibited and is grounds for permanent suspension and forfeiture of any paid features.
Article 4 — The Service
4.1 Description. Howl is a time-windowed dating service that opens during defined nightly hours, presents you with other verified users in your area during that window, and permits matched users to exchange messages. Matches, profile state, and messages are subject to expiration as described in-app and below.
4.2 Time Window. The Service is currently available only during a recurring nightly window of approximately 5:00 PM to 2:00 AM local time. We may change, suspend, or extend the window at our discretion, including for maintenance, market launches, holidays, regulatory compliance, or any other reason. Inclusion of your market is not guaranteed.
4.3 Daily Reset. Matches are reset and profile state is cleared at sunrise local time each day. Messages exchanged during an open window remain accessible for up to twenty-four (24) hours after that window closes, then are deleted from the active service. Backup, audit, and abuse-investigation copies may persist longer as described in the Privacy Policy.
4.4 Beta & Pre-Release. Some features may be designated as beta, preview, or pre-release. Such features are strictly experimental, may change without notice, may not function as described, and are governed by the disclaimers in Articles 13 and 14.
Article 5 — User Content & License
5.1 Your Content. "User Content" means any selfie, image, depth-map signal, video, audio, mood, message, chat, voice memo, reaction, vote, screenshot reported to us, feedback, or other material you upload, transmit, or otherwise make available through the Service. User Content includes incidental background captured along with you in any selfie or video (Article 6).
5.2 License Grant. You grant Howl a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (to service providers solely for the operation of the Service), and transferable license to host, store, use, copy, transmit, modify (including format conversion and quality optimization), distribute, publicly display (only as designed by the Service — for example, to other users during a session), publicly perform, and create derivative works of User Content solely to (a) operate, provide, secure, and improve the Service; (b) enforce this Agreement; (c) comply with legal obligations; and (d) train, evaluate, and improve our authenticity-detection models on de-identified or technically isolated data as described in the Privacy Policy. This license is the minimum necessary to run the Service and terminates with respect to a piece of User Content when that content is deleted from our active systems, except to the extent we are required by law, or by reasonable backup, audit, or abuse-investigation processes, to retain a copy.
5.3 Your Representations. You represent and warrant that (a) you own or have all necessary rights to your User Content; (b) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other right; (c) your User Content complies with this Agreement and all applicable laws; (d) any image, voice, or likeness in your User Content is your own; and (e) you have obtained any consent required to capture any incidental background or third party that may appear in your User Content (Article 6).
5.4 Feedback. If you submit suggestions, ideas, or feedback to us ("Feedback"), Feedback is non-confidential and we may use, exploit, and commercialize it for any purpose without compensation or attribution.
5.5 Removal. We may, in our sole discretion and without prior notice, remove, refuse to display, or restrict access to any User Content for any reason, including suspected violation of this Agreement.
Article 6 — Camera, Selfie, and Incidental Background Consent
6.1 You Are Pointing a Camera at the World. When you take a verification selfie, the camera captures not only your face but also whatever is visible within its field of view at that moment — including, without limitation, your immediate physical surroundings, household members or other persons who happen to be in frame, the interior of your home, identifying decor, screens, documents, devices, pets, vehicles, license plates, signage, neighbors, public spaces, and any other content within the frame ("Incidental Background"). You acknowledge and agree that this is an inherent characteristic of any camera-based authentication system and that you bear sole responsibility for the contents of the frame you point the camera at.
6.2 Your Authorization. By taking a selfie through the Service, you expressly authorize Howl to capture, transmit, process, analyze, and (subject to the retention schedule in the Privacy Policy and Biometric Information Consent) temporarily store the entire image, including the Incidental Background, for the purposes described in this Agreement, including liveness detection, anti-spoof analysis, depth-map computation, image quality validation, fraud and abuse investigation, and presentation of your face (and only your face, framed by the Service) to other users during a session.
6.3 Right to Process Even When Not Retained. You acknowledge that certain authenticity computations require processing the full image (including Incidental Background) at the moment of capture, even though Howl does not durably retain raw selfie images or background detail beyond the retention schedule described in the Privacy Policy. You grant Howl the right to perform such processing notwithstanding the fact that the underlying image is not stored long-term. The fact that data is not permanently retained does not waive any consent you have provided to process it.
6.4 Third Parties in Frame. You are solely responsible for ensuring that no person other than yourself appears in your selfie. If another person appears incidentally, you represent and warrant that you have obtained that person's informed consent to be captured, transmitted, and processed by the Service for the purposes described in this Agreement and the Privacy Policy. You agree to indemnify Howl in accordance with Article 15 for any claim by such third party.
6.5 Sensitive Backgrounds. Do not take selfies in any setting where capture would be unlawful, unconsented, or sensitive — including, without limitation, schools, hospitals, secured facilities, workplaces with confidentiality obligations, restrooms or locker rooms (except your own, alone), or settings where minors may be in frame. Howl is not responsible for selfies taken in violation of this clause.
6.6 Audio. Where the Service captures audio (for example, in any future voice-message or video feature), the foregoing consents apply equally to incidental audio, including ambient sounds, background voices, and other audio within range of the device microphone at the time of capture.
6.7 No Surveillance Use. Howl does not use selfies, depth data, audio, or Incidental Background to surveil, identify by name, geolocate by reverse image search, or otherwise extract personal information about any party other than as necessary to deliver the Service. We do not provide selfies or Incidental Background to law enforcement or any third party for surveillance purposes except under valid legal process as described in the Privacy Policy.
6.8 Right to Withdraw. You may withdraw the camera consents in this Article at any time by deleting your account, which will trigger the deletion processes described in the Privacy Policy. Without an active selfie verification, you cannot access the Service.
Article 7 — Prohibited Conduct
You agree not to, and not to attempt to, do any of the following:
- impersonate any person; misrepresent your identity, age, gender, intent, or affiliation;
- upload, transmit, or display nudity, sexually explicit content, content depicting violence, hate speech, or content soliciting sexual services in exchange for value;
- solicit, threaten, harass, stalk, intimidate, dox, or harm any person, on or off the Service;
- traffic, exploit, or attempt to exploit any person, particularly minors;
- create fake profiles, fake accounts, or use any automated means (bots, scripts, scrapers) to register accounts, send messages, or interact with the Service;
- use the Service for any commercial purpose — advertising, marketing, multi-level marketing, recruiting, fundraising, promoting any product or service — without our prior written consent;
- scrape, crawl, index, harvest, or otherwise extract data from the Service by any automated means;
- reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas of the Service or of our authenticity-detection models;
- circumvent, disable, or interfere with any security, rate-limiting, or access-control feature;
- upload viruses, worms, malware, or other harmful code;
- interfere with or disrupt the integrity, performance, or availability of the Service;
- infringe any patent, trademark, copyright, trade secret, right of privacy, or right of publicity;
- engage in romance scams, advance-fee fraud, "pig butchering," investment solicitation, cryptocurrency promotion, or any other deceptive financial scheme;
- solicit, transmit, or knowingly accept any image of a minor, including any such image of yourself when you were a minor;
- collect or store personal data about other users, including by screenshotting, screen recording, or otherwise capturing their selfies or messages;
- use the Service while operating a vehicle or in any manner that endangers life; or
- encourage, facilitate, or assist any third party in doing any of the foregoing.
Violation may result in termination, forfeiture of paid features, civil suit, and referral to law enforcement.
Article 8 — Safety; No Background Checks
8.1 Use Your Judgment. Howl provides a way to meet people. It does not vouch for them. You are solely responsible for your interactions with other users, both on and off the Service. Meet in public. Tell a friend where you're going. Do not send money. Do not share financial information. Do not share house keys or addresses.
8.2 No Vetting. We do not conduct criminal-history background checks, sex-offender registry searches, identity-document verification, employment verification, financial verification, sobriety verification, marital-status verification, or any other vetting beyond our selfie-based liveness and authenticity processes. We provide no representation or warranty regarding the criminal history, character, mental health, reproductive health, sexual health, sexually transmitted infection status, employment, education, financial standing, marital status, sobriety, intentions, or fitness for any purpose of any user.
8.3 Off-Platform. We are not responsible for the conduct of any user occurring outside the Service, including any meeting, communication, transaction, or activity, regardless of whether the underlying acquaintance originated on the Service. Once you go off the Service, you are on your own.
8.4 Reporting. If you encounter behavior that violates the Community Guidelines or this Agreement, please report it inside the app or to safety@howldating.com. We review reports and take appropriate action, but we cannot guarantee any particular outcome.
8.5 Emergencies. If you believe you are in immediate danger, call your local emergency services. Howl is not an emergency responder.
Article 9 — Authenticity Safeguards (the "Catfish-Free" Statement)
9.1 What We Do. Howl employs proprietary computer-vision and machine-learning techniques, including the processing of depth-camera data on supported devices, to detect impersonation, deepfakes, replayed photographs, mask attacks, and other inauthentic presentations at the moment a selfie is submitted.
9.2 Best Efforts; No Absolute Warranty. Our authenticity safeguards represent our best efforts using current technology. We do not, and cannot, guarantee that every detection will be accurate, or that no inauthentic user will ever appear on the Service. Detection systems carry false-positive and false-negative rates that change as adversaries adapt. Any public-facing statement we make about authenticity, including any "catfish-free" or similar language used in marketing, describes our design intent and best efforts and does not constitute a contractual warranty, guarantee of result, or admission of liability for individual detection outcomes. The disclaimers in Articles 13 and 14 control.
9.3 Device Compatibility. Depth-based safeguards rely on hardware capabilities of your device. On devices without compatible depth-sensing hardware, we may use alternative or reduced safeguards. We do not guarantee that any specific device will support all safeguards.
Article 10 — Intellectual Property
10.1 Our IP. The Service, including all software, models, algorithms, designs, copy, graphics, audio, video, names, logos, icons, the marks "Howl," "Howl Dating," and the wolf-and-heart device, and all related intellectual property rights, are owned by Howl Dating, Inc. or its licensors. Except for the limited rights expressly granted in Article 10.2, no rights are granted to you. All rights are reserved.
10.2 License to You. Subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a device you own or control, solely for your personal, non-commercial use.
10.3 No Use of Marks. You may not use our trademarks, logos, or trade dress without our prior written permission.
10.4 Copyright Claims (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. To submit a notice, email dmca@howldating.com with the information required by 17 U.S.C. § 512(c)(3). Repeat infringers will have their accounts terminated.
Article 11 — Payments, Subscriptions & Virtual Items
11.1 Current Offering. Howl may now or in the future offer paid features, subscriptions, one-time purchases, consumable virtual items, or other paid functionality (collectively, "Paid Features"). Pricing, terms, and availability will be presented in-app before purchase.
11.2 Billing. Paid Features purchased through the Apple App Store or Google Play are billed by, and refunds handled by, the applicable platform under its own terms. Where we bill you directly, we do so through a third-party payment processor; you authorize us to charge your designated payment method on a recurring basis if you purchase a subscription.
11.3 Auto-Renewal. Subscriptions renew automatically at the end of each term unless cancelled at least 24 hours before the end of the then-current period through your platform account or in-app settings.
11.4 No Refunds Except as Required by Law. All purchases are final and non-refundable except as required by applicable consumer-protection law or as expressly stated at the point of purchase. EU/UK residents may have a right of withdrawal under applicable consumer law; by initiating immediate use of a Paid Feature, you expressly request immediate performance and acknowledge that you may lose the right of withdrawal once the Paid Feature has been fully performed.
11.5 Virtual Items. Virtual items, credits, points, "howls," "icebreakers," or similar in-app items have no monetary value, are not refundable, are not transferable, and are licensed — not sold — to you. We may modify or discontinue them at any time.
11.6 Taxes. Prices may be exclusive of applicable taxes, which you are responsible for.
Article 12 — Apple App Store & Google Play Provisions
12.1 Apple. If you download the Service from Apple's App Store, the following additional terms apply, and in case of conflict the terms below control with respect to Apple: (a) this Agreement is concluded between you and Howl, not with Apple, and Apple is not responsible for the Service or its content. (b) Apple has no obligation to provide maintenance or support. (c) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever. (d) Apple is not responsible for addressing claims by you or any third party relating to the Service, including product-liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation. (e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property claim. (f) You represent and warrant that you are not in a U.S. embargoed country and are not on any U.S. government list of prohibited or restricted parties. (g) Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
12.2 Google. If you download the Service from Google Play, you acknowledge that this Agreement is between you and Howl only, not with Google. To the extent it conflicts with the Google Play Terms of Service or the Google Play Developer Distribution Agreement, the latter will control with respect to your use of the Service downloaded from Google Play.
Article 13 — Disclaimer of Warranties
13.1 As Is. THE SERVICE, INCLUDING ALL CONTENT, USER CONTENT, FEATURES, AND SAFETY MECHANISMS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
13.2 No Outcome Guarantee. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, RESULT IN A MATCH, A DATE, A RELATIONSHIP, A MARRIAGE, OR ANY OTHER OUTCOME; OR THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACY OR HARMFUL COMPONENTS.
13.3 No Vetting Warranty. WE MAKE NO WARRANTY REGARDING THE IDENTITY, CHARACTER, CONDUCT, MENTAL HEALTH, REPRODUCTIVE HEALTH, SEXUAL HEALTH, OR INTENTIONS OF ANY USER. AUTHENTICITY SAFEGUARDS DESCRIBED IN ARTICLE 9 ARE BEST-EFFORT AND DO NOT CONSTITUTE A WARRANTY.
13.4 Reliance. Any reliance you place on information or other users obtained through the Service is at your own risk. We expressly disclaim liability for any decision you make in reliance on the Service, including any financial, medical, legal, or personal decision.
13.5 Limitations Apply Where Required. Some jurisdictions do not allow the exclusion of certain warranties. To the extent applicable law does not permit a particular exclusion, that exclusion does not apply to you and the warranty is limited to the minimum scope and duration permitted.
Article 14 — Limitation of Liability
14.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOWL, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST OPPORTUNITY, LOST REVENUE, LOST DATA, LOST GOODWILL, EMOTIONAL DISTRESS, PERSONAL INJURY ARISING FROM ANY MEETING OR INTERACTION WITH ANOTHER USER, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR LOSS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY.
14.2 Cap. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).
14.3 Off-Platform Conduct. WE ARE NOT LIABLE FOR ANY HARM, INJURY, LOSS, OR DAMAGE CAUSED BY ANY USER, INCLUDING ANY ACT OR OMISSION OF ANY USER OCCURRING IN A LOCATION OR CONTEXT OUTSIDE OF THE SERVICE.
14.4 Essential Allocation. The disclaimers and limitations in Articles 13 and 14 are an essential element of the bargain between you and us. The Service would not be provided to you without them.
14.5 Limitations Apply Where Required. Some jurisdictions do not allow certain limitations of liability. To the extent applicable law does not permit a particular limitation, that limitation does not apply to you and our liability is limited to the minimum extent permitted.
Article 15 — Indemnification
You agree to indemnify, defend, and hold harmless Howl, its affiliates, and its and their respective directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content (including Incidental Background) and any claim by a third party in connection with it; (b) your use of or interaction with the Service, including any meetings or interactions with other users; (c) your breach of this Agreement or any representation or warranty herein; (d) your violation of any law or third-party right; or (e) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate.
Article 16 — Termination
16.1 By You. You may terminate your account at any time through in-app account-deletion controls. Following deletion, your data will be handled in accordance with the Privacy Policy.
16.2 By Us. We may suspend or terminate your account, and refuse any current or future use of the Service, at any time, with or without notice, for any lawful reason, including suspected violation of this Agreement, suspected fraud or abuse, legal or regulatory requirements, or operational necessity.
16.3 Survival. Articles 5.2 (license to retained backups), 5.4, 6 (camera consents), 7, 10, 13, 14, 15, 17, 18, 19, 20, 21, 22, and 23 survive termination.
Article 17 — Governing Law
This Agreement and any dispute arising out of or relating to it or the Service will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Article 18, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over any claim not subject to arbitration, and the parties consent to personal jurisdiction in those courts.
Article 18 — Dispute Resolution; Arbitration; Class-Action Waiver
18.1 Informal Resolution First. Before initiating any formal proceeding, you and we will attempt to resolve the dispute informally. You agree to send a written notice describing the dispute and the relief you seek to legal@howldating.com. If the dispute is not resolved within sixty (60) days of receipt, either party may proceed to arbitration.
18.2 Binding Arbitration. Except as set forth in Article 18.5, any dispute, controversy, or claim arising out of or relating to this Agreement or the Service will be resolved by final and binding arbitration administered by JAMS pursuant to its applicable rules, before a single arbitrator. The seat of arbitration will be Los Angeles, California. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.
18.3 Class-Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not consolidate the claims of multiple parties and may not preside over any representative or class proceeding. If this clause is held unenforceable, the entirety of Article 18 will be null and void as to such dispute, and the dispute will proceed in court subject to Article 17.
18.4 Jury Trial Waiver. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
18.5 Exceptions. Either party may bring (a) an action in small-claims court for disputes that qualify, or (b) an action to enjoin infringement or misuse of intellectual property in a court of competent jurisdiction.
18.6 Right to Opt Out. You may opt out of Articles 18.2 and 18.3 by sending a written notice of opt-out to legal@howldating.com within thirty (30) days of first accepting this Agreement (or any amendment that materially modifies arbitration). The notice must include your name, address, and the account associated with the opt-out. Opting out of arbitration does not opt you out of any other provision of this Agreement.
18.7 Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Article 18.
Article 19 — Notices & Communications
We may give notice via in-app notification, push notification, or to the email on file. You agree that such notice satisfies any legal requirement that notice be in writing. Notices to us must be in writing and sent to legal@howldating.com with a courtesy copy to Howl Dating, Inc., Attn: Legal, 1804 East Ocean Boulevard, Long Beach, California 90802.
Article 20 — Force Majeure
We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, epidemic or pandemic, government order, labor dispute, internet or telecommunications failure, cyberattack, or supply-chain disruption.
Article 21 — Government Users
If you are accessing the Service on behalf of any U.S. federal government entity, the Service is a "commercial item" as defined at 48 C.F.R. § 2.101 and is provided with only the rights granted to all other users.
Article 22 — California Users (Cal. Civ. Code § 1789.3)
If you are a California resident, the provider of the Service is named in Article 1. Complaints regarding the Service may be referred to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Article 23 — Miscellaneous
23.1 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to any affiliate, or in connection with a merger, acquisition, reorganization, or sale of assets.
23.2 Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the offending provision will be modified to the minimum extent necessary to make it valid.
23.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
23.4 No Third-Party Beneficiaries. Except as expressly set forth in Article 12.1 with respect to Apple, this Agreement creates no third-party beneficiaries.
23.5 Headings. Headings are for convenience only and do not affect interpretation.
23.6 Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications.