Terms of Service

Crush Cache Clear Out Sweepstakes Official Rules
No Purchase Necessary to Enter or to Win. ‍

‍PROMOTION TIMING:  The Crush Cache Clear Out Sweepstakes (“Sweepstakes”) begins 8:00 a.m. Central Time (“CT”) on September 4, 2024 and ends 5:00 p.m. CT on October 3, 2024 (“Promotion Period”).

ELIGIBILITY:  The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age or older (“Entrants”). Employees of After App Limited (“Sponsor”), Don Jagoda Associates (“Administrator”) and their affiliates, subsidiaries, advertising and Promotion agencies and immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible. Void where prohibited by law. All federal, state, and local laws and regulations apply.

‍HOW TO ENTER: There is NO PURCHASE NECESSARY to participate in the Sweepstakes. A purchase does not increase an Entrant’s chances of winning.  During the Promotion Period, to enter, an Entrant must download the After mobile Ap and signup for the waitlist.  Then the Entrant must make the pledge to cleanse their phone of old dating contacts, delete said contacts, remove "DO NOT TEXT" entries, and clear out cringe-worthy photos.  They will make this pledge by selecting the required opt-in box.  The Entrant must also complete the registration form by entering their email and zip code.  After making the pledge, completing the registration form, and agreeing to these Official Rules, the Entrant will receive one (1) entry (“Entry”) into the applicable Grand Prize drawing(s). The After App (“App”) is available for free at either the Apple® App Store or the Google® Play store.  Limit one (1) Entry per person, per email, for the Promotion Period. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such Entries and that Entrant will be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and mobile usage charges imposed by Entrant’s online service, or mobile provider, may apply.

RANDOM DRAWINGS:  Two Grand Prize Winners (“Winners”) will be selected in two separate random drawings to be held on or about October 10, 2024 from among all eligible Entries received for each of the drawings.  One (1) Grand Prize winner will be selected from among all eligible Entrants and one (1) Grand Prize winner will be selected from among all eligible Entrants who reside in an Austin, TX zip code area.  The odds of winning will depend on the number of eligible Entries received for each drawing, as broken out above. The random drawings will be conducted by the Administrator, whose decisions are final on all matters relating to the drawings.

‍GRAND PRIZES (2) [One (1) from among all eligible Entrants and one (1) from among only those Entrants that reside in an Austin, TX Zip Code Area]:   Each Grand Prize Winner will receive one (1) year of free dates, awarded as a check for $1,500 (“Prizes”). Limit one (1) Grand Prize Winner per person/email address.  Winners are solely responsible for any applicable federal, state or local taxes on the Prizes. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of each winner. No more than the number of Prizes referenced in these Official Rules shall be awarded.

WINNER NOTIFICATION:  Potential Grand Prize Winners will be notified via email and will be required to complete a Declaration of Eligibility and Liability/Publicity Release (“Declaration”). The Declaration will be sent to the email address submitted at time of registration.  If potential Grand Prize Winner fails to return the completed Declaration within three (3) days, Declaration is returned as undeliverable, entrant shall be deemed to be ineligible, the prize will be forfeited and an alternate potential Grand Prize Winner will be selected for that drawing. Winners are subject to verification by Sponsor/Administrator, whose decisions are final and binding in all matters related to the Sweepstakes.

‍GENERAL RULES: By participating in this Sweepstakes, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor. By accepting a Prize, each Winner agrees that Sponsor will have no liability whatsoever for, and will be held harmless by winner for any liability for any injury, loss or damages of any kind to persons, including death, and property damages sustained, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of prize or participation in this Sweepstakes or any prize related activity. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, failed App or computer transmissions, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes and in the event of cancellation, prizes will be awarded via random drawings from among all eligible Entries received for each random drawing prior to cancellation. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entry. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, mistranscribed, delayed or incomplete Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of the App, any website or service; (d) unauthorized intervention in any part of the Entry process or this Sweepstakes; or (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes or the processing of Entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR APP UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES: Winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a court located in Auckland Central New Zealand; Winners submit to sole and exclusive personal jurisdiction to said courts in Auckland Central New Zealand for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (c) Winners hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Winners or the Sponsor and its agencies in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of New Zealand, without giving effect to any choice of law or conflict of law rules of provisions (whether of New Zealand, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New Zealand.

PRIVACY: Information collected from entrants is subject to Sponsor’s Privacy Policy, located at https://www.afterapp.com/privacy-policy.

WINNER LIST REQUEST: For the names of the Grand Prize Winners, send an email to: winners@dja.com with “WINNERS 01-2945-01– Crush Cache Clear Out Sweepstakes” as the subject line. Requests must be received by November 1, 2024. The name of the Winners will be sent after the winners have been verified and confirmed.

SPONSOR/ADMINISTRATOR: The Sponsor of this Sweepstakes is After App Limited, Level 11, 19 Victoria Street West, Auckland Central, Auckland New Zealand 1010. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Dr., Melville, NY 11747.

After App Terms of Service

After Member Agreement
‍
After App Limited, a New Zealand registered company located at Level 11, 19 Victoria Street West, Auckland 1010, New Zealand ("After") operate the website www.afterapp.com (the “Website”) and the associated After mobile application which offers an immersive platform where authentically-minded individuals can connect, engage in meaningful conversations, and explore genuine long-lasting relationships, setting a new standard in the realm of meaningful digital dating experiences. After’s Website and mobile application, collectively,  After’s"Service". Your use of the Service is subject to the following Terms and Conditions of Use (these "Terms") set out in this Member Agreement ("Agreement"). The terms "you", "your" and "yourself" each mean the person who accesses or uses the Service whether or not such person is a paid member.

‍1. Acceptance of Agreement

‍1.1 By creating an account on the Service, (whether free or paid, through the After app or through our website) you, as a user, are a registered member of the Service and agree to be bound by these Terms.

1.2 This Agreement is a legal contract made between you and After. Your use of the Service (whether or not you are a paid member) will be governed by these Terms and the Privacy Policy, and in the case of the use of the Service through the After mobile application, the End User License Agreement for Mobile Devices.

1.3 IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS, USE OR OTHERWISE ACCESS THE SERVICE.AFTER RESERVES THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO THESE TERMS FROM TIME TO TIME, BY UPLOADING REVISED TERMS ON THE WEBSITE BY CONTINUING TO USE THE SERVICE, CONSTITUTES YOUR ACCEPTANCE TO ANY SUCH CHANGES. YOU ARE RESPONSIBLE FOR REVIEWING AFTER’S WEBSITE WWW.AFTERAPP.COM REGULARLY TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS THE SERVICE. YOU CAN TERMINATE THIS AGREEMENT IMMEDIATELY ON NOTICE TO AFTER WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED TERMS.

‍2. Eligibility

‍2.1 In order to create an account and use the Service, you must meet the following requirements:You are at least 18 years old,You are able to form a legally binding contract,You have never been convicted of a violent or sexually related criminal or civil offense in any country and/or are not required to register as a sex offender with any government entity, andYou have never been banned from using the Service.

2.2 By registering as a member, you warrant to After that you comply with all of these requirements. If you breach this warranty, without limitation to After’s other rights and remedies, After is entitled to terminate this Agreement under Section 9 below.

2.3 After does not currently conduct criminal background screenings on users of the Service. However, After reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section. By agreeing to these Terms, you hereby authorize After to conduct a background check on you.

2.4 After endeavors to employ staff to monitor profiles and photos, but is under no obligation to do so. Without limiting any other remedies available to After (including After rights to terminate in Section 9 below), After RESERVES THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM AFTER’S SERVICE AT Afters SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF AFTER dOES REMOVE YOUR PROFILE AND/OR ANY CONTENT YOU SUBMIT AFTER WILL NOT BE LIABLE TO YOU IN ANY WAY.

‍3. Safety

As After’s Service is Internet-based, there are risks of members misrepresenting themselves or presenting themselves under false pretenses. This includes misrepresentations about age, gender, marital status or any other attribute which After may ask the member to provide. These risks are not unusual for the type of Service After provides. Members of dating websites and apps have been the victims of fraudulent scams, and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.

3.1 To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for taking all measures to protect yourself against persons who attempt to defraud you or mislead you using the Service. After is unable to verify that every member profile Service is accurate. You must therefore exercise caution when dealing with all other members.

3.2 YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT AFTER HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED UNDER FALSE PRETENSES, THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S) OR ANY OTHER LOSS OR INJURY SUFFERED RESULTING FROM USING THE SERVICE. THOUGH AFTER MAKES EVERY EFFORT TO ENSURE OUR SERVICE IS SAFE AND FREE FROM FRAUDULENT ACTIVITY, AFTER IS NOT RESPONSIBLE FOR ENSURING MEMBERS COMPLY WITH OUR TERMS.

3.3 It is possible that members from other countries will access the Service. It may not be practicable for After to enforce these Terms against such members. If After receives a complaint from a member that another member is in breach of any section of these Terms, After will investigate such complaint and consider whether to exercise After’s rights under these Terms, including After’s rights to terminate that member's access to the Service.

3.4 After may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law and may do so if After believes a member has breached any applicable Terms. You agree to After providing such assistance, including the release of any relevant information After may hold about you.3.5 After reserves the right to decline to register without entering into further discussions with you, or to suspend your membership if After believes on reasonable grounds that you are in breach of these Terms.

‍4. Code of Conduct

‍The Service is intended for use in a number of jurisdictions, including in the United States, the European Union and the United Kingdom. You agree to comply with all applicable laws when using the Service and dealing with other members. This includes compliance with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.

4.1 By using the Service, you agree to comply with the following;Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number or physical address.You must not disclose any details of any other members or disclose personal information of others through the After messaging system or otherwise.You must provide accurate information regarding your identity when you register to become a member and use the Service and you must not use the Service under false pretenses.You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.You must not interfere with or damage the Service, including, without limitation, through the use of viruses, registration bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.

4.2 If you breach these provisions, After may terminate your membership and your access to the Service for breach in accordance with section 9 of these Terms. Upon request by After, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for After’s verification purposes, After may terminate or suspend your membership or access to the Service in accordance with section 9.

‍5. User Content

‍5.1 By submitting or posting any content (including without limitation, your photographs, videos, voice messages, voice prompts) to our Service, you represent and warrant to us that you are the exclusive owner of the content, (including without limitation your photograph, videos, voice messages, voice prompts) or are otherwise licensed to use and sub-license the content and use of your content by us will not infringe or violate the rights of any third party. By submitting any content (including without limitation your photograph, videos, voice messages, voice prompts) to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to After, and After’s licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.

5.2 AFTER IS NOT RESPONSIBLE FOR ANY PROFILE OR OTHER CONTENT POSTED OR ENTERED ON AFTERS WEBSITE, MOBILE APP, OR OTHERWISE THROUGH AFTER’S SERVICES. You are solely responsible for any content that you submit, post or transmit via the Service, and you shall be solely liable for any content posted or published via the Service that is deemed to infringe or violate any third party’s intellectual property rights. You agree not to include any illegal or unlawful information in your profile.

You also agree not to post or submit any content that:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;exploits people in a sexual or violent manner;
- contains excessive violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or unsolicited electronic commercial messages;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without prior written consent from After such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
or
- violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any entity.

5.3 The foregoing is a partial list of the kind of content that is illegal or prohibited on After’s Service. After reserves the right to investigate and take appropriate legal action in After’s sole discretion against anyone who violates this Section or any other provision of these Terms, including without limitation, removing the offending content from the Service, terminating the violator's membership and access to the Service (in accordance with section 9) and contacting and disclosing information to the relevant authorities.

5.4 After has no obligation to post any content that you or anyone else submits. While After does not and cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials, After reserves the right, but is not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that After, in its sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable.

5.5 YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF PROFILES, PUBLIC POSTINGS, MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO THE SERVICE. AFTER CANNOT GUARANTEE, AND ASSUMES NO RESPONSIBILITY FOR, VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.

5.6 Without limiting any right that After may have, After may, at its sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted in the Service, suspend or cancel your membership if we believe that content entered creates, or may create, liability for After or if After believes the information to be misleading or inappropriate or if After believes you have breached these Terms. To the maximum extent permitted by law, After shall not be liable to you if After exercises any of these rights, including cancellation of any type of membership, or a permanent ban from using the Service.

‍6. Basic Member and After All Premium Membership and Petals 

‍6.1 By downloading and using the Service and creating a free account, you become a Basic Member after the registration process is complete. As a Basic Member, you are entitled to access a minimal level of the Service’s features without any charge for these features. These Basic features are subject to change, and After reserves the right to make changes and updates to the Basic features as and when required.

6.2 Petals

The Petal System provides your profile with credits to spend on additional features of the Service. If you would like access to more Petal(s), you can make a one-off purchase for Petals.You can earn Petal(s) by logging into the Service daily, referring new users to the Service, Weekly engagement and Community event participation. You can spend Petal(s) on Profile Boosts, Blooms, extend a match, and rewinds. The Petal(s) features are subject to change, and After reserves the right to make changes and updates to the Petals(s) features as and when required.

6.3 If you want unlimited access to all the After All Premium Membership Subscription features available on the Service, you can purchase the After All Premium Membership. The After All  Premium Membership provides your profile with additional features of the Service that are not available to users without the Premium Membership. As a Basic Member, you have the option to purchase a Premium Membership at any time, and also have the option to cancel your Premium Membership and return to a Basic Member at any point. These Premium Membership Subscription features are subject to change, and After reserves the right to make changes and updates to the Premium Membership features as and when required. 

6.4 AFTER ALL PREMIUM MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM MEMBERSHIP SUBSCRIPTION THAT PREMIUM MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM MEMBERSHIP SUBSCRIPTION PERIOD, AT THE PRICE YOU PURCHASED THE PREMIUM MEMBERSHIP SUBSCRIPTION FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR PREMIUM MEMBERSHIP SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.

6.5 7-Day Free Trial.

If you wish to subscribe to the After All Premium Membership, you can enter into a 7-day free trial, with a limit of one (1) free trial per Apple App Store, Google Play, or equivalent app marketplace account. This 7-day free trial entitles you to all the After All Premium Membership Subscription features of the Service for the duration of the 7-days. If you decide during the 7-day period that you do not wish to carry on with your Premium Membership, you may cancel your subscription through your Apple App Store, Google Play, or equivalent app marketplace account. 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU SUBSCRIBE TO A 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTION THAT 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE 7-DAY PERIOD. IF YOU DO NOT WISH TO BE CHARGED FOR THE PREMIUM MEMBERSHIP SUBSCRIPTION, YOU MUST CANCEL YOUR 7-DAY FREE TRIAL SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO THE END OF THE 7-DAY FREE TRIAL PERIOD.6.6 Upon subscription to the After All Premium Membership, payment will be charged to your Apple App Store, Google Play, or equivalent app marketplace account, or your registered credit card immediately, and will continue to be charged for renewal unless canceled. Auto renewal can be turned off at any time through adjusting your settings in the Apple App Store, Google Play store, or equivalent app marketplace, or by removing your credit card after purchase.

‍7. Cancellations and Refunds

‍7.1 Cancellation

You may cancel your account at any time, subject to these Terms. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT APP MARKETPLACE ACCOUNT OR BY REMOVING YOUR REGISTERED CREDIT CARD as After cannot access personal accounts to change subscription preferences. After will retain all funds charged to your Apple App Store, Google Play store, or equivalent app marketplace account or registered credit card until you cancel your subscription.

7.2 Refunds

7.2.1 ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exceptions may be made if the laws applicable in your jurisdiction require refunds in certain limited circumstances.

7.2.2 If you are a resident of California, you may be entitled to a refund provided you cancel your subscription within 3 business days after your free trial ends and your premium subscription begins. If you have canceled your premium subscription within 3 business days and you are a resident of California, please send us an email at support@afterapp.com with your username and details in order to sort your refund.

‍8. Account information and Data Deletion

‍8.1 When creating a profile through the Service you will be required to sign in with your mobile phone number (“Sign In Details”). You will be required to verify your profile by mobile phone number verification, if you do not sign in with one of these options, you will not be able to create an account and use the Service.YOU ARE RESPONSIBLE FOR KEEPING YOUR AFTER PROFILE SIGN IN DETAILS SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR AFTER PROFILE SIGN IN DETAILS. Without limiting the foregoing, you agree that:You will not permit any other person to use your Sign in Details to access your After profile.You will not disclose, or provide to any other person, your Sign in Details.You will immediately notify After of any unauthorized use of your After profile Sign in Details or any other breach of security.You will ensure that you log off from your account at the end of each session.You acknowledge and agree that you are responsible for all use of the Service under your Sign in Details.

8.2 Account Deletion

You have the right to terminate your account if you do not wish to use the Service any longer. You may delete your account any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information from the Service. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK, SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.

‍9. Termination

‍9.1 After reserves the right, and may exercise its right to terminate your membership, this Agreement and your access to After’s Service if:you breach these Terms;After considers (in its sole discretion) that you have violated or are likely to violate any applicable laws;a serious complaint or multiple complaints are received about you from any person;you impersonate another member or person; or After, in our sole discretion, deem your behavior whilst using the Service or in connection with your use of the Service, to be unacceptable.

9.2 YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP OF AND ACCESS TO THE SERVICE UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT AFTER MAY IMMEDIATELY DEACTIVATE OR DELETE ANY OF YOUR ACCOUNTS AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNTS AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO THE SERVICE.9.3 You may terminate your access to the Service at any time by deleting your account in accordance with clause

8.2 or by sending After written or email notice of termination to support@Afterapp.com. IN THE EVENT THAT YOU TERMINATE THIS YOUR ACCESS TO THE SERVICE OR THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY PAID SUBSCRIPTION FEES, unless as specified otherwise in these Terms.

‍10. Links, Advertisements and Non-Commercial Use

‍10.1 After’s Service may occasionally contain links and advertisements to third-party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, products, or accuracy on such third-party websites.

10.2 After is not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and do not make any representations regarding the content, value, quality, safety, products, or accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.

10.3 After’s Service is for personal use only and must not be used in connection with any commercial purposes. Organizations, companies, and/or businesses must not use the Service for any purpose.

10.4 You must not use the After messaging system for the discussion of competing services or any illegal or unlawful activity including, but not limited to prostitution and/solicitation, collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to After’s Service. USE OF AFTER’S SERVICE IS WITH AFTER’S PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN AFTER’S SOLE DISCRETION.

‍11. Disclaimer

‍11.1 You expressly understand and agree that:YOUR USE OF AFTER’S SERVICE IS AT YOUR SOLE RISK. AFTER EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2. After makes no representation, warranty or guarantee, to the maximum extent permitted by law, that:Use of the Service provided will be uninterrupted, timely, secure, or error free;the information provided on the Website or in the Service is error-free; the quality of any products or services obtained through the Service will meet your requirements; or members are who they say they are.

11.3 YOU DO NOT ENTER INTO THIS AGREEMENT IN RELIANCE ON ANY REPRESENTATION, WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.

11.4 No advice or information that is obtained by you from After or otherwise shall create any representation, warranty or guarantee not expressly stated in these Terms.

11.5. Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers' own websites) rests solely with these third-party advertisers. The placement of such advertisements on the Service does not constitute After’s recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.

11.6 You understand that After may not be able to provide matches for everyone seeking to use the Service. Further, After makes no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any user. You understand that After makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

‍12. Limitation of Liability

‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1. Neither party shall be liable to the other under any circumstances for any indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Service, or the inability to access the Service.

12.2 After shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by After.

12.3 After shall not be liable for the conduct or statements of members or third parties in relation to the Service.

12.4 None of the disclaimers, limitations or exclusions set out in these Terms will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under applicable law, for example, under the Consumer Guarantees Act 1993 (New Zealand), the Fair Trading Act 1986 (New Zealand) or any other applicable consumer protection legislation.

‍13. Indemnity

‍YOU AGREE TO INDEMNIFY AFTER FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY AFTER IN RESPECT OF OR IN CONNECTION WITH:

- information contained in your profile;
- any material, including (without limitation) photos, videos, voice messages and messages you send or upload while using the Service;
- your communications with or behavior towards other members;
- any death, personal injury or damage to property you may cause;
or
- your breach of these Terms or any applicable laws.

‍14. Binding Arbitration and Class Action Waiver

‍Where prohibited by applicable law:

14.1 You acknowledge that any disputes pursued against After will be on an individual basis. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration.

14.2 Neither you nor After, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor After agrees to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.BY USING THE SERVICE YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST AFTER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

14.3 TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT:
‍
(a) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT);
‍
AND

(b) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

‍15. General Provisions

‍15.1 System integrity

After will use its reasonable endeavors to ensure the availability of the Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, After takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Service being unavailable. Further, to the maximum extent permitted by law, After assumes no responsibility for the corruption of any data or information held by After.

15.2 Resolution of disputes

As After is not a party to any dispute between you and another member, you agree:not to involve, or attempt to involve, After in any dispute or in the resolution of disputes that arise between you and another member as a result of the Service provided; andnot to use the Service to engage in or attempt to resolve the dispute.

15.3 Force Majeure

After shall have no liability for any lack of performance, damages, unavailability or failure of our Service, or for any failure on After’s part to comply with these Terms where the same arises from any cause reasonably beyond the control of After.

15.4 No Waiver

If After does not exercise or enforce any right available to After under these Terms, it does not constitute a waiver of those rights.15.5 Partial Invalidity

If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

15.6 Governing Law

These Terms and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.7 Intellectual Property Rights

After owns all intellectual property rights and other proprietary rights in the After’s Service and Website (including but not limited to text, graphics, logos, icons and sound recordings, but excluding member content) and the software and other material underlying and forming part of the Service and After’s Website. You may not without After’s prior written permission, in any form or by any means:

adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of After’s Website or Service;

or

commercialize, copy or on-sell any information or items obtained from any part of After’s Website or Service.

15.8 Entire agreement

These Terms, the End User License Agreement, After’s Privacy Policy, Cookie Policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.

15.9 Privacy

Please refer to our Privacy Policy available at the following link: https://www.afterapp.com/privacy-policy

‍15.10 Emails and newsletters

After may send you emails relating to your membership, changes to these Terms or the End User License Agreement for the After mobile application, transactions and other activities on our Website, and for promoting and marketing other After products and services to you. After may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

15.11 Acknowledgement

You represent and warrant that you:
‍
- are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country;

and

- are not listed on any US Government list of prohibited or restricted persons.

If you have any questions or concerns about these Terms, the Services, or the Website, you may contact a representative of our company by using the Contact Form within the After mobile app or by regular mail: PO Box 5800, WELLESLEY ST, Auckland 1141, New Zealand.

‍16. Spotify

‍16.1 After has partnered with Spotify to create a new feature on AFTER

After’s Service which will allow users to connect their Spotify account to their profile. This allows users to display their top/favorite artists (“Music”) on their profiles and view other users' favorite Music.

16.2 By connecting Spotify to their profile on our service, users give AFTER permission to access their Spotify accounts for the purpose of accessing the user’s list of top 20 artists. Users may then choose up to 3 of the 20 artists to be displayed in their profiles.

16.3 Users can choose a maximum of 3 artists to include on their profile. USERS’ CHOSEN MUSIC WILL BE PUBLIC AND OTHER USERS WILL BE ABLE TO VIEW IT. IF USERS DO NOT WANT THEIR MUSIC TO BE PUBLIC DO NOT CONNECT TO SPOTIFY.

16.4 USERS ARE ABLE TO DISCONNECT AND RECONNECT THEIR PROFILES TO SPOTIFY AT ANY POINT. If you no longer want your Music to be displayed on our Service you can simply disconnect your Spotify account and your music will be removed.

‍17. Instagram

‍17.1 After has partnered with Instagram to create a feature on After’s Service which will allow users to connect their Instagram accounts to their profile. 

16.2 By connecting Instagram to your profile on our service, users give After permission to access their Instagram accounts for the purpose of 

16.3 Users can choose a maximum of 6 photos to include on their profile. USERS’ CHOSEN PHOTOS WILL BE PUBLIC AND OTHER USERS WILL BE ABLE TO VIEW THEM. IF USERS DO NOT WANT THEIR PHOTOS TO BE PUBLIC DO NOT CONNECT TO INSTAGRAM.

16.4 USERS ARE ABLE TO DISCONNECT AND RECONNECT THEIR PROFILES TO INSTAGRAM AT ANY POINT. If you no longer want your photos to be displayed on our Service you can simply disconnect your Instagram account and your photos will be removed.