Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FlyByDate, LLC ("FlyByDate," "we," "our," or "us"), a Delaware limited liability company, governing your access to and use of the FlyByDate mobile application, website located at flybydate.com, and all related services (collectively, the "Service").

By accessing or using the Service, clicking "I Agree," completing registration, or otherwise manifesting assent to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, registered users, and any others who access or use the Service.

2. Eligibility

You must be at least 18 years of age to use the Service. The Service is not intended for, and we do not knowingly collect information from, individuals under 18. By using the Service, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into this agreement;
• You are not prohibited from using the Service under applicable law;
• You have not been convicted of a felony, a sex crime, or any crime involving violence, and are not required to register as a sex offender with any state, federal, or local sex offender registry; and
• Your use of the Service does not violate any applicable law or regulation.

We reserve the right to verify your eligibility at any time and to terminate accounts found to be in violation of these requirements.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your login credentials confidential and not share your password with any third party;
• Notify us immediately at support@flybydate.com if you suspect unauthorized access to your account; and
• Be responsible for all activity that occurs under your account.

You may only create one account per person. Creating multiple accounts to evade suspension or bans is a material breach of these Terms and grounds for permanent termination.

FlyByDate reserves the right to refuse registration, suspend, or terminate accounts at our discretion, including accounts that impersonate any person or entity.

4. User Conduct and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are strictly prohibited from:

Identity and Authenticity

• Creating a false identity or misrepresenting your identity in any way;
• Posting photos that are not of yourself or using AI-generated profile images;
• Impersonating any person or entity, including FlyByDate staff or other users;
• Using bots, scrapers, or automated means to access the Service.

Harassment and Harmful Content

• Harassing, bullying, intimidating, or threatening other users;
• Sending unsolicited commercial messages (spam);
• Posting or transmitting nudity, explicit sexual content, or sexually explicit messages;
• Posting content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable;
• Soliciting money, financial information, or valuable goods from other users;
• Engaging in or promoting sex work or trafficking.

Technical Misuse

• Attempting to gain unauthorized access to any portion of the Service or its infrastructure;
• Interfering with or disrupting the integrity or performance of the Service;
• Reverse engineering, decompiling, or disassembling any part of the Service;
• Using the Service to distribute malware, viruses, or other harmful code.

Commercial Use

• Using the Service for commercial solicitation, advertising, or multi-level marketing;
• Selling, licensing, or transferring your account to any third party.

Violation of this section may result in immediate termination of your account and, where appropriate, referral to law enforcement.

5. Physical Safety and In-Person Meetings

By using the Service, you acknowledge and agree that:

• Any decision to meet another user in person is entirely at your own risk and discretion;
• You should only meet matches in well-populated, public airport areas such as terminal restaurants, lounges, or near gate areas;
• You should inform a trusted person of your plans before meeting any match;
• You should never share personal identifying information such as your home address, phone number, or financial details before or during a first meeting;
• FlyByDate does not conduct background checks on users and makes no representations about the character, background, or intentions of any user;
• FlyByDate is not responsible for the conduct of any user, whether online or in person, and shall not be liable for any harm arising from in-person meetings; and
• You will use the in-app reporting feature to report any user who exhibits threatening, harassing, or inappropriate behavior.

If you feel unsafe at any time, please contact airport security or local law enforcement immediately.

6. Flight Data and Verification

FlyByDate requests voluntary disclosure of flight information (including airline, flight number, departure and arrival airports, and flight times) to facilitate matching with other verified travelers in the same airport during the same time window.

You represent and warrant that any flight information you provide is accurate to the best of your knowledge. You agree not to input false flight data to manipulate matching results. Submitting fraudulent flight information is a violation of these Terms and grounds for account termination.

Flight data is used solely for matching purposes and is not shared with airlines, airport authorities, or government agencies except as required by applicable law. Please review our Privacy Policy for full details on how flight information is stored, processed, and retained.

7. AI-Powered Matching

FlyByDate uses artificial intelligence and algorithmic systems to suggest potentially compatible matches based on shared interests, stated preferences, and flight overlap. You acknowledge that:

• AI matching is probabilistic and not a guarantee of compatibility, safety, or connection quality;
• Match suggestions are generated automatically and do not constitute an endorsement by FlyByDate of any particular user;
• You retain full discretion to accept, decline, or ignore any match suggestion;
• We continuously refine our matching algorithms; match quality and quantity may vary over time.

To the maximum extent permitted by applicable law, we disclaim all liability for outcomes resulting from AI-suggested matches.

8. Intellectual Property

The Service and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations — are owned by FlyByDate, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

FlyByDate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms.

You may not copy, modify, distribute, sell, license, or create derivative works of any portion of the Service without our express prior written permission. "FlyByDate," the FlyByDate logo, and any associated marks are trademarks of FlyByDate, LLC

9. User-Generated Content

You retain ownership of content you post to the Service ("User Content"), including photos, profile information, and messages. By posting User Content, you grant FlyByDate a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, modify, distribute, display, and perform your User Content in connection with operating and improving the Service.

You represent and warrant that your User Content: (a) does not infringe any third party's intellectual property or privacy rights; (b) is not defamatory, obscene, or unlawful; and (c) you have all necessary rights to grant the license above.

FlyByDate does not pre-screen User Content but reserves the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable.

10. Paid Features and Subscriptions

Certain features of the Service may be offered on a paid basis ("Premium Features"). By purchasing Premium Features, you agree to pay all applicable fees. All fees are stated in U.S. dollars unless otherwise specified.

Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal. You may cancel your subscription at any time through the app settings or by contacting us at support@flybydate.com. Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except as required by applicable law.

FlyByDate reserves the right to change pricing for Premium Features at any time upon reasonable notice. Continued use of Premium Features after a price change constitutes acceptance of the new pricing.

11. Termination

You may terminate your account at any time by visiting account settings within the app or contacting us at support@flybydate.com. Upon termination, your right to use the Service immediately ceases.

FlyByDate may suspend or terminate your account or your access to all or part of the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, without limitation, any breach of these Terms, conduct that we believe is harmful to other users or the Service, or as required by applicable law.

Upon termination of your account, we may delete your profile and associated data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination shall survive, including Sections 7–16.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FLYBYDATE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FLYBYDATE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (D) THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE.

FLYBYDATE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE. FLYBYDATE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS AND DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLYBYDATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF FLYBYDATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FLYBYDATE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FLYBYDATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless FlyByDate, LLC and its officers, directors, employees, agents, licensors, and service providers 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;
• Your User Content;
• Your use of the Service;
• Your violation of any applicable law or regulation; or
• Any harm caused to another user or third party by your actions, whether online or in person, including at in-person meetings arranged through the Service.

15. Dispute Resolution and Arbitration

Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service ("Dispute") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Delaware, or at another mutually agreed location, and shall be conducted in English.

Class Action Waiver

YOU AGREE THAT DISPUTES WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or to address an emergency posing risk of harm to persons. Either party may also bring a Dispute in small claims court if it qualifies.

Time to File

Any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year of the date on which the claim arose, or such claim is forever barred.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the federal and state courts located in Delaware.

If you are a resident of the European Union, these Terms do not limit any rights you have under mandatory provisions of applicable EU law, including GDPR data subject rights.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by: (a) sending an email to the address associated with your account; (b) posting a notice on the Service; and/or (c) updating the "Last Updated" date at the top of these Terms.

Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

We encourage you to review these Terms periodically.

18. Contact Information

If you have questions about these Terms, please contact us at:

For data protection inquiries, including requests to exercise your rights under GDPR or CCPA, please see our Privacy Policy or contact privacy@flybydate.com.