Terms of Service: 50/50

50/50 ("50/50," "we," "us," or "our") is a dating app operated by Luminous Peak LLC, the company behind 5050dating.org and the party to this agreement. These Terms of Service are a binding agreement between you and us. They apply to the 50/50 iOS app and to our website at 5050dating.org, including the waitlist.

How we handle your information is covered by our Privacy Policy at 5050dating.org/privacy. Please read it; it's part of how the service works, and nothing in these terms changes what it promises. Where these terms mention data (for example, what we keep after you delete your account), the Privacy Policy is the authoritative description.

If you have questions, contact us at [email protected].

Agreeing to these terms

You accept these terms when you create an account, when you join the waitlist, or when you use the app or website. The arbitration agreement in the Disputes section is different from the rest of these terms: it binds you only if and when you affirmatively accept them. The 50/50 app now asks for that acceptance directly. After you sign in, the app shows you these terms and you have to tap to accept them before you can set up a profile or use the service, and we record the date you did. That date is when the arbitration agreement starts to bind you, and the 30-day opt-out described below runs from it. If you have only joined the waitlist or used the website, and you have never accepted in the app, the arbitration agreement does not bind you. If you don't agree, don't use 50/50.

Three things worth knowing up front:

This agreement is between you and us, not Apple. You download the app through the App Store, but Apple isn't a party to these terms and isn't responsible for the app or its content. There's a section below ("Apple App Store terms") covering what that means.
These terms include an arbitration agreement and a class-action waiver (see "Disputes" below). It affects how legal disputes between us are resolved, and you can opt out within 30 days of first affirmatively accepting these terms.
We do not conduct criminal background checks on members. There's a section below explaining exactly what we do and don't check.

Who can use 50/50

You must be at least 18 years old to create an account or join the waitlist. There are no exceptions. We collect your date of birth in the app to verify this, and you can only submit it once; it can't be changed in the app afterward. If your date of birth was entered incorrectly, contact us at [email protected] and we'll correct it after verifying it, as the Privacy Policy provides. If we learn an account belongs to someone under 18, we delete it. Misrepresenting your age is grounds for immediate, permanent termination.

By creating an account, you also represent, now and for as long as you use 50/50, that:

You are creating the account for yourself, as one real person, using your own true information. One account per person; accounts can't be shared, sold, or transferred, and creating an account for anyone else, or helping a banned person return, is a breach of these terms.
You have never been convicted of, or pleaded no contest to, a felony or any crime involving violence, threats, sexual misconduct, or harm to others, and you are not required to register as a sex offender anywhere.
You are not prohibited from using the service by any court order (for example, a protective order naming another member).
You are not located in a region subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and you are not on any U.S. Government list of prohibited or restricted parties (such as the Treasury Department's Specially Designated Nationals list or the Commerce Department's Denied Persons or Entity lists).
You have not previously been banned from 50/50, unless we've expressly told you in writing that you may return.
You will follow these terms and all applicable laws when you use the service.

If any of these stops being true, your permission to use 50/50 ends automatically. We rely on these representations; we don't independently verify them (see "We do not conduct criminal background checks" below), which is exactly why they matter. We can require you to confirm any of them, and we can act on evidence that one is false.

Your account and how you sign in

You sign in with Sign in with Apple or Google only. 50/50 never creates or stores passwords. That means your 50/50 account is only as secure as your Apple or Google account; keep those protected (strong credentials, two-factor authentication), and tell us at [email protected] if you believe someone else has accessed your 50/50 account. You're responsible for activity that happens on your account.

You agree to provide truthful, accurate information in your profile and to keep it that way. Your photos must be of you.

Your account may not activate immediately. Balance is the core of 50/50: we admit new members in gender-balanced batches so the community stays even. After you sign up and complete verification, when your account becomes active depends on batch balance; we don't guarantee activation by any particular time, and waiting for a batch is not a malfunction. The app will show you when your account is active.

Photo verification, and what we don't check

Before you can participate in matching, you submit a photo of yourself in the app, and a small number of trained 50/50 team members compare it against your profile photos to confirm your profile is genuine. Verification is performed by humans; we do not use automated facial recognition, and we do not create or store biometric identifiers. The Privacy Policy explains how verification photos are handled.

Be clear-eyed about what this is: photo verification checks one thing: that your profile photos appear to show the person who submitted the selfie. It is not identity verification, not a background check, and not a guarantee of anything about a person. It does not confirm anyone's name, age beyond what they've told us, relationship status, intentions, or character. A verified member can still lie in their bio, behave badly, or be someone you shouldn't trust. Use the same judgment you'd use with any stranger.

We do not conduct criminal background checks

WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS.

50/50 does not run criminal-record checks, identity checks, or any other background screening on users, not at signup, not ever, under the current service, and we do not verify the statements people make in their profiles or messages. We reserve the right, but have no obligation or duty, to review publicly available records or registries (such as sex-offender registries) when investigating a report or a suspected violation, or at any other time, to the extent the law allows, and to remove anyone based on what we find. But never assume someone is safe, single, or who they say they are because they appear on 50/50. We haven't screened them.

Staying safe

You, not 50/50, are responsible for your interactions with other users, both online and offline. We don't control, supervise, vouch for, or make any promises about any user's identity, conduct, intentions, or compatibility. Meeting people carries real risk, and no app can remove it. Please take these seriously:

Never send money or share financial information with someone you met on 50/50, not by wire transfer, gift card, cryptocurrency, payment app, or any other method, no matter how compelling or urgent the story. Requests for money are the signature of a scam, asking for money is banned on 50/50, and money sent to someone you haven't met in person is almost never recoverable. Treat any such request as a scam and report it.
Don't share identifying information early. Keep your last name, email address, phone number, home or work address, daily routine, and financial details out of your profile and early conversations. Stop talking to anyone who pressures you for personal or financial information or tries to trick you into revealing it.
Anyone can misrepresent themselves online. A profile that has passed photo verification can still belong to someone with bad intentions. Anyone capable of fraud is also capable of building a convincing profile.
If you meet in person: tell a friend or family member where you're going and when you'll be back, meet in a public place with people around, provide your own transportation both ways, and never agree to be picked up at your home. Stay sober enough to keep your judgment.
Use the tools. Block and report anyone who makes you uncomfortable; reports come to real people, and we review them.

We publish fuller safety guidance, including resources for victims of violence and fraud, on our safety page, linked in the app. If you experience or witness violence, threats, or a financial crime connected to 50/50, report it in the app or email [email protected]. If you're in immediate danger, call 911 or local law enforcement first. If you have experienced sexual assault or dating violence, help is available: the National Sexual Assault Hotline (RAINN) is 800-656-4673, and the National Domestic Violence Hotline is 800-799-7233.

You assume the risks of meeting people. You understand that meeting people through a dating service carries inherent risks that no app can eliminate, and you accept those risks when you use 50/50. To the fullest extent permitted by law, you release us from claims arising out of the conduct of other members or other third parties, online or offline. This release doesn't apply where the law doesn't allow it, and nothing in it excuses us from our own legal obligations. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." That waiver applies only to the release in this paragraph, and only to the extent the law allows it.

How 50/50 works

50/50 is deliberately different from swipe-forever apps. By using it, you're agreeing to how it works:

Balanced admission. New members are admitted in gender-balanced batches, so activation timing varies (see "Your account" above).
A curated deck with limits. You see a limited deck of potential matches, and there are caps on how many likes you can send in a period. We set and tune these limits.
Likes are blind and pending matches are silent. 50/50 never tells you that someone liked you before a mutual match exists. There is no "see who liked you" feature.
Reveals are scheduled. When two people like each other, the match is revealed on a schedule, at most one new reveal per person per reveal window, and both people see it at the same moment. You occupy a limited number of concurrent match slots.
Matching follows mutual interest. Your deck is filtered by each person's stated gender interest, which you choose in your profile settings; you see people whose stated interest includes you, and vice versa.
48-hour first messages. When a match is revealed, each person has 48 hours to send their first message (receiving a message restarts your window to respond with your first one). Once both people have sent a first message, the conversation is free-form; no turn timers, no penalties for a slow reply. If someone never sends a first message in time, the match can lapse, and after 14 days of total silence a conversation is archived, but either person's message revives it. A lapse or archive never deletes the conversation.
Responsiveness is visible. Your follow-through on first messages is summarized as a response rate shown on your profile once you have enough history, everyone has read receipts, and how you behave (including reply follow-through) can affect how and when your profile is shown to others. By using 50/50 you agree that this behavioral summary appears on your profile. This accountability is a feature, not a bug; it's disclosed here so you can't say we didn't tell you.
How matches end. Either person can unmatch at any time, no reason needed and no penalty. Matches also end by block, account deletion, or a ban.

We don't guarantee outcomes. We make no promises about the number of matches you'll get, how many users are active in your area, whether anyone will like you, message you, reply to you, meet you, or be compatible with you. A dating app can't promise chemistry, and we won't pretend to. And 50/50 will evolve: we may add, change, tune, or remove features and limits (deck sizes, like caps, slot counts, reveal schedules, message windows, archive periods, and everything else) at any time as we improve the service. Specific numbers described here or in the app are how the product works today, not contractual entitlements.

Your content

"Your content" means everything you submit: profile photos and details, your bio and prompt answers, your verification photo, and your messages. You own it. You're also responsible for it: you represent that you own it or have the right to post it, that it doesn't infringe anyone's rights or break any law, and that it follows the community rules below. We don't claim your content as ours, we don't endorse it, and we don't verify it.

So that we can run the service, you grant us a non-exclusive, royalty-free, worldwide license to host, store, reproduce, adapt (for example, resizing or reformatting for display), display, and distribute your content, sublicensable only to the service providers that operate the service on our behalf (like our hosting and storage providers), and limited to these purposes: operating the service, improving it, securing it, and enforcing our rules and legal rights. Concretely, that's things like showing your profile to potential matches, delivering your messages, moderating reported content, and debugging. To be explicit: we do not use your content to train generative AI models. The license does allow us to run content through automated content-moderation and safety systems (including third-party scanning services acting as our service providers) to operate and secure the service.

We will not use your content in marketing or advertising without your separate, explicit consent. This license doesn't let us sell your content or your data; the Privacy Policy's promises apply on top of it.

Your verification photo is different. We use it only for verification and safety, we never display it on your profile or show it to other users, and we delete it on the schedule the Privacy Policy describes. Nothing in the license above allows any use of it that the Privacy Policy rules out.

The license lasts while your content is on the service. When you delete content or your account, the license ends for that content, except that it continues for the limited copies that outlive deletion as described in the Privacy Policy and in "Deleting your account" below (for example, messages you already sent that remain in your match's copy of the conversation, and records retained for safety investigations), solely for the safety, legal, and enforcement purposes for which they're kept.

One more thing to know: messages can't be edited or deleted after you send them. Sent messages are part of the shared conversation record (and of any report about it), and they're removed on the account-deletion schedule the Privacy Policy describes.

Other people's content is theirs, not ours and not yours. You may not copy, republish, distribute, or use other members' content outside the service without their consent. What people share with you in a conversation is shared in trust; treat it that way.

We can review, refuse, remove, or restrict any content at any time, but we don't pre-screen everything and have no obligation to (see "Other people's content" below).

Community rules

We have no tolerance for objectionable content or abusive users. 50/50 exists so real people can meet respectfully; anyone who threatens that gets removed. When you use 50/50, you agree not to:

Harass, stalk, threaten, intimidate, defame, or bully anyone, on or off the platform.
Post or send content that is hateful, discriminatory, violent, or that degrades or objectifies anyone, including content that promotes hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or similar characteristics.
Post or send nudity, pornography, or sexually explicit content.
Solicit, offer, or facilitate commercial sex of any kind, escort services, prostitution, compensated arrangements, or sex trafficking. This is an immediate permanent ban and, where required, a law-enforcement referral.
Involve minors in any way, or post any content that sexualizes or endangers a minor. This is reported to authorities, always.
Ask other users for money, donations, financial information, or anything of value, or run any scam, fraud, phishing, or deceptive scheme.
Advertise, promote, recruit, campaign, or link to outside services, or use 50/50 for any commercial purpose we haven't authorized.
Impersonate any person, use photos that aren't of you, misstate your age or identity, create a profile for anyone other than yourself, or maintain more than one account.
Post content you don't have the right to post, including content that infringes anyone's copyright, trademark, privacy, or publicity rights.
Share another user's private information or content outside the app without their consent.
Use bots, scripts, scrapers, or any automated means to access the service; probe, overload, or interfere with it; harvest or enumerate data about users; or circumvent rate limits, swipe caps, or any technical protection.
Reverse engineer, decompile, or copy the app, or interfere with its security features, except where the law grants you that right regardless of contract.
Evade a suspension or ban, manipulate verification, or help a banned member return, including by creating a new account.
Use 50/50 to do anything illegal, or encourage anyone else to.

Off-platform conduct counts. If we learn that you've behaved in a way that threatens the safety of our users, even outside the app; we can act on it here.

Any community guidelines, safety policies, or similar rules we publish in the app or at 5050dating.org are part of these terms, and violating them is a violation of these terms. If a published guideline ever conflicts with these terms, these terms control.

Reporting, blocking, and enforcement

Every match includes tools to protect yourself:

Unmatch ends a match at any time.
Block is designed to stop all interaction between you and the blocked person: they are removed from each other's decks and matches, and neither can contact the other through the service. The blocked person is not notified.
Report sends us the reason you choose, any note you add, and, if you attach one, an excerpt of the conversation, which you consent to share with us in readable form by attaching it. Reporting someone also automatically blocks them for you.

We use a mix of automated and human content moderation. An automated content-safety scan may screen photos for policy violations and flag or hide them for human review; this is content moderation, not facial recognition or face matching. Reports go to a queue that real people work; we aim to review reports of objectionable content within 24 hours and to remove violating content and offending users promptly. That's our goal and practice, not a warranty.

If a conversation is reported, authorized 50/50 team members can decrypt and review that conversation. Messages are encrypted at rest on our servers, but they are not end-to-end encrypted; we hold the key so we can deliver your messages and act on safety reports. Review starts with the reporter's attached excerpt; full-conversation review is the escalation step, and every such access is recorded in an audit log. Outside of delivering your chats to you and your match, reviewing reported conversations, and the narrow situations the Privacy Policy describes, such as complying with valid legal process, we don't read your messages.

Depending on what we find, we may take no action, remove content, issue a warning, suspend an account, or ban an account permanently, without prior notice and, once paid features exist, without refund where the law permits. We may act based on your behavior on 50/50 or, where it bears on member safety, off the platform. We may decline to describe the details of an enforcement decision when doing so could compromise someone else's safety or privacy, or an investigation.

Fraud-ban notices. If we ban an account for suspected fraud, we may notify users who exchanged messages with that account, including the banned account's profile name, a statement that they may have been using a false identity or attempting fraud, a reminder never to send money or financial information to another member, and a link to information about avoiding fraud and romance scams. Several states require this, and we'd do it anyway. By using 50/50 you agree we may send you these notices.

Bans are permanent and survive account deletion. We keep a record derived from a banned account's sign-in identity, not your profile content, as the Privacy Policy describes and as the law permits for fraud prevention and member safety, and every new sign-in is checked against it. Deleting your account and re-registering does not lift a ban, and we may refuse service, registration, and re-registration to anyone we've banned. Suspended and banned users can't be shown to others, can't swipe, and can't message.

We also reserve the right to refuse, suspend, or terminate service to anyone at our reasonable discretion, and to report unlawful activity, including suspected fraud, threats, and any content involving minors, to law enforcement.

Other people's content

Profiles, photos, and messages on 50/50 are created by users, and each user is solely responsible for their own content. 50/50 is an interactive computer service; we don't author, endorse, or verify what users post, and we're not the publisher or speaker of it. We have no obligation to monitor user content or conduct, and you shouldn't assume anyone is reading along, though we have the right, as described above, to review, remove, and act on it. We make no warranty about the identity, conduct, honesty, or compatibility of any user.

If you see content or behavior that breaks the rules, report it.

Copyright and the DMCA

We respect intellectual property and expect users to do the same. We terminate the accounts of repeat copyright infringers in appropriate circumstances, and we remove or disable access to infringing content expeditiously when we're properly notified of it.

If you believe content on 50/50 infringes your copyright, send a notice to our designated copyright agent:

Copyright Agent, 50/50, Luminous Peak LLC

Email: [email protected] (subject line: "DMCA Notice")

Your notice must include the elements required by 17 U.S.C. § 512(c)(3): (1) your physical or electronic signature; (2) identification of the copyrighted work you claim is infringed; (3) identification of the infringing material and enough information for us to locate it (for example, the profile name and which photo); (4) your contact information (address, phone number, and email); (5) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act for them.

If your content was removed because of a notice and you believe that was a mistake or misidentification, you may send a counter-notification to the same address containing the elements of 17 U.S.C. § 512(g)(3): your signature, identification of the removed material and where it appeared, a statement under penalty of perjury of your good-faith belief the removal was a mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., the District of Utah) and to accepting service of process from the person who filed the original notice. If we receive a valid counter-notification, we may restore the material as the DMCA provides unless the complaining party files a court action. Knowingly false notices or counter-notices can make you liable for damages under 17 U.S.C. § 512(f).

Our content and your license to use 50/50

Everything that isn't user content (the app, website, code, design, logos, name, text, graphics, and the look and feel of the service) belongs to us or our licensors and is protected by intellectual-property law. Using 50/50 doesn't give you any ownership of it or any right to use our name or marks.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the 50/50 app and website for their intended purpose (your own personal, non-commercial use as a member) on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (except that the app may also be accessed through accounts associated with yours via Family Sharing, volume purchasing, or Legacy Contacts, where applicable). No other rights are granted. This license ends when your account does, or sooner if you break these terms.

Purchases

50/50 is currently free. There are no paid features, subscriptions, or in-app purchases today, and nothing in the app costs money.

We expect to offer optional paid features in the future. If and when we do, here's how they'll work, and we'll update these terms with specifics, and notify you, before anything goes on sale:

All purchases go through Apple's In-App Purchase system. Payment is charged to your Apple Account; we never see or store your payment details.
Subscriptions auto-renew at the stated price and interval until you cancel. To avoid renewal, cancel at least 24 hours before the current period ends in your device's subscription settings (Settings → your name → Subscriptions). Deleting the app, or even deleting your 50/50 account, does not cancel an Apple-billed subscription; you must cancel it with Apple.
Refunds are handled by Apple under Apple's policies; request them through Apple (reportaproblem.apple.com). Where the law of your state gives you additional cancellation or refund rights for dating services, several states do; we'll honor them, and the purchase terms will say how (see "State-specific terms" below).
Prices and offerings can change. Price changes to an existing subscription will follow Apple's notice-and-consent process; they won't apply mid-period to a period you've already paid for, and we'll always deliver what a subscription promised for the period you paid for.
Any virtual items or consumable features we sell would be a limited, personal, non-transferable, revocable license, not property; no cash value, no stored value, no transfer, and no refund for unused items when an account closes, except where the law requires otherwise.

Paid features will be optional extras, and the feature-change reservation above applies to them too. The core matching experience described in these terms is free at launch, and buying anything will never exempt anyone from the community rules or guarantee any outcome.

Deleting your account, and how these terms end

You can delete your account at any time, from inside the app (or by emailing [email protected]). You don't have to call anyone. Deletion is real deletion, not deactivation:

Your profile disappears from the service, and your profile, photos, and messages are deleted as the Privacy Policy describes.
Messages you already sent may remain visible to your matches in their copy of the conversation.
Records tied to safety investigations, disputes, or legal obligations may be retained as the Privacy Policy describes, including report records kept in a form no longer linked to your deleted profile and, for banned accounts, the ban record itself.
If a subscription exists someday, remember: deleting your account or the app does not cancel Apple billing; cancel in your Apple Account subscription settings.

We can suspend or terminate your account and these terms at any time if you violate them, if we're required to by law, or if we discontinue the service, with or without notice, depending on the circumstances. We can also stop offering the service, or any part of it, at any time.

When your account ends, your license to use the app ends. The parts of these terms that by their nature should survive do, including the license terms for content that lawfully outlives deletion, the disclaimers, the limitation of liability, the indemnity, the Disputes section, the governing-law section, and this survival clause.

Apple App Store terms

Because you get the 50/50 app through Apple's App Store, the following applies, and it's required by Apple:

These terms are between you and us only, not Apple. Apple is not a party to these terms and is not responsible for the app or its content. Our usage rules here don't conflict with the Apple Media Services Terms and Conditions, which also apply to your App Store use.
We, not Apple, are solely responsible for the app and its content, including any maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services for it. (This allocates responsibility as between us and Apple only; as between users, "Other people's content" above still governs.)
Warranty: to the extent any warranty applies and isn't disclaimed below, we are solely responsible for it. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (today, the app is free, so that amount is zero). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.
We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product-liability claims, (ii) claims that the app fails to conform to a legal or regulatory requirement, and (iii) claims under consumer-protection, privacy, or similar law. Nothing in these terms limits our liability to you beyond what applicable law permits.
If a third party claims the app or your possession and use of it infringes their intellectual-property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
You represent and warrant the export-compliance statements in "Who can use 50/50" above: (i) you are not located in a region subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
Developer name and contact. The app is offered by 50/50, operated by Luminous Peak LLC, Cedar City, Utah, USA. Direct any questions, complaints, or claims about the app to [email protected].
You must comply with applicable third-party terms when using the app, for example, your wireless carrier's data agreement.
Apple and its subsidiaries are third-party beneficiaries of these terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

Disclaimers

50/50 is provided "as is" and "as available." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

In plain terms, we don't promise that:

the service will be uninterrupted, error-free, secure, or timely, or that defects will be fixed;
any user is who they claim to be, is safe, is single, or will behave well, online or off: photo verification checks a photo, nothing more;
you'll get matches, messages, dates, or a relationship;
content other users post is accurate, lawful, or trustworthy; or
any specific feature will keep working the way it does today.

Third-party services and links. The service may reference or link to third-party websites, apps, resources, or services, for example, sign-in through Apple or Google, the safety and support resources above, Apple's refund tools, or links other members share in chat. We don't control third parties, aren't responsible for their content, products, or practices, and don't endorse them; your use of any third-party website or service is at your own risk and governed by that third party's own terms.

We built the safety tools described above and we use them, but no verification process, moderation system, or safety feature can guarantee your safety, and we don't warrant that ours will. Some jurisdictions, including New Jersey, do not allow the exclusion of certain implied warranties. If you live in one of them, the disclaimers in this section apply to you only to the extent that jurisdiction's law permits; in particular, nothing in this section disclaims a warranty that New Jersey law prohibits disclaiming, and nothing in it limits the state-law consumer rights you can't waive.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, emotional distress, or loss of goodwill, arising out of or relating to the service or these terms, even if we've been advised of the possibility; and we will not be liable for the conduct of any user or third party, online or offline, including any interaction or meeting you have with someone you met through 50/50, or for unauthorized access to or alteration of your content. To the same maximum extent, our total aggregate liability for all claims arising out of or relating to the service or these terms will not exceed the greater of $100 or the amount you paid us, if any, in the twelve months before the event giving rise to liability.

Nothing in this section limits our liability for death or personal injury caused by our own negligence or willful misconduct, for our own fraud, or for any other liability that cannot lawfully be limited or excluded; the cap above does not apply to those claims. Some jurisdictions, including New Jersey, do not allow some of these limitations; the limitations in this section apply to residents of those jurisdictions only to the extent their law permits, and nothing here limits liability that New Jersey law prohibits limiting. Nothing in these terms limits your non-waivable rights under the consumer-protection laws of your state, and, as the Apple section says, these terms will not limit our liability to you beyond what applicable law permits. In those cases, these limits apply only as far as the law allows.

Indemnity

If a third party brings a claim against us, or against our operator, officers, employees, agents, or service providers, arising out of your content, your use of the service in violation of these terms, your conduct toward other members on or off the platform, or your violation of law or of someone else's rights, you agree to indemnify us, that is, cover our reasonable losses, liabilities, and expenses (including reasonable attorneys' fees) from that claim, to the extent it was caused by what you did. We'll notify you of any such claim promptly. This works the other way too where the law provides it, and it doesn't apply to the extent a claim results from our own conduct or our own breach of these terms.

Disputes

We'd genuinely rather fix a problem than fight about it, so this section starts with talking, but it ends in binding individual arbitration for most disputes, and it includes a class-action waiver. It's mutual: it binds you and us equally. Please read it. You can opt out; see below.

Talk to us first (required). Before either of us files an arbitration or a lawsuit, the party with the dispute must email the other a written notice (to [email protected], subject line "Dispute Notice", if it's you; to your account email if it's us) describing the dispute, the account involved, the relief sought, and how to reach you. Both of us then have 30 days from the notice to try in good faith to resolve it informally. Neither of us may start a formal proceeding (other than small claims) before that 30-day window ends, and any applicable statute of limitations is paused while it runs. This step is a requirement, not a suggestion.

Then arbitration, individually. If we can't resolve it informally, you and we each agree that any dispute arising out of or relating to these terms, the service, or your relationship with us will be resolved by binding arbitration between you and us individually, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this section, rather than in court. The Federal Arbitration Act governs this section. The arbitrator, not a court, decides the dispute, including disputes about the interpretation, applicability, and enforceability of this arbitration agreement, except that a court, not the arbitrator, decides whether the class-action waiver below is enforceable. The arbitrator can award the same individual relief a court could, but only to you individually. The AAA's rules and forms are at adr.org. If the AAA is unavailable, the parties will select a comparable consumer-arbitration provider, or a court will appoint one. Arbitration can be conducted by videoconference or phone, or, if an in-person hearing is needed, in the county where you live or another location reasonably convenient to you, per the AAA's consumer procedures.

Exceptions. Either of us may instead:

bring an individual claim in small claims court if it qualifies there; and
seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the service.

And you retain every right the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act gives you: if your dispute involves a claim of sexual assault or sexual harassment, you may choose court instead of arbitration, and nothing in this section takes that choice away. Your choice, not ours.

Nothing here stops either of us from reporting matters to law enforcement or government agencies (or stops an agency from acting), and nothing waives rights that can't lawfully be waived.

Fees. Arbitration shouldn't cost you more than court. You pay a filing fee no greater than the AAA's consumer filing fee or the cost of filing the same case in court, whichever is less, and, except as provided in "Coordinated filings" below, we pay all other arbitration fees and costs, including the arbitrator's fees and expenses and the AAA's administrative fees. Each side pays its own attorneys, unless the law or the arbitrator awards otherwise; the arbitrator may shift fees for claims found frivolous under the applicable legal standard.

Coordinated filings. If 25 or more arbitration demands of a similar nature are filed against us by or with the assistance of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules and their fee schedule apply, and the following process controls: the parties will select up to 20 demands (10 per side) to proceed first as individual bellwether arbitrations, while the remaining demands are held in abeyance, with no filing, administrative, or arbitrator fees due on a held demand until it proceeds. After the bellwether arbitrations conclude, the parties will participate in a global mediation for 90 days. Demands still unresolved after that will then proceed individually (in batches, if the AAA's rules provide for them). All applicable statutes of limitations and fee deadlines are tolled for a held demand from the date it was first filed until it proceeds. If a court or the AAA finds this paragraph unenforceable as to a demand, that demand proceeds individually under the rest of this section, and no outcome binds anyone who was not a party to it.

Class-action and jury waiver. You and we each waive the right to a jury trial and the right to participate in a class action, collective action, class arbitration, or any other representative or consolidated proceeding. Disputes are resolved one-on-one; the arbitrator may award relief only to the individual party who needs it, may not consolidate claims, and may not preside over any form of class or representative proceeding. This waiver doesn't waive relief that the law makes non-waivable.

Your right to opt out. You can reject this arbitration agreement entirely, with no effect on any other part of these terms or on your account, by emailing [email protected] with the subject line "Arbitration Opt-Out" within 30 days of the date you first affirmatively accept these terms at account signup, or, if you never create an account, within 30 days of the date you first assert a claim against us, or within 30 days of accepting any later version that materially changes this section. Include your name and the email address associated with your account (or, if you have no account, the email address you've used with us, for example, your waitlist email), and state that you are opting out of the arbitration agreement. If you opt out, the arbitration agreement and the class-action and jury-trial waivers in this section will not apply to you, and disputes will be resolved in court under "Governing law and venue" below, and we will never penalize you for opting out.

Severability. If any part of this Disputes section is found unenforceable, that part is severed and the rest still applies, with one exception: if the class-action waiver is found unenforceable as to a particular dispute, then this arbitration agreement doesn't apply to that dispute (and that dispute, and only that dispute, goes to court, stayed while any remaining arbitrable claims are arbitrated), while the informal-resolution requirement and, where enforceable, the jury waiver survive. This section survives the end of these terms and the deletion of your account.

Governing law and venue. These terms and any dispute are governed by the laws of the State of Utah and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration agreement, and except that this doesn't take away consumer protections you're entitled to under the mandatory laws of the state where you live; those rights remain yours. Any dispute that isn't subject to arbitration (including if you opt out) and doesn't belong in small claims court must be brought in the state courts of Iron County, Utah, or the United States District Court for the District of Utah, and you and we each consent to exclusive jurisdiction and venue there.

Changes to these terms

We may update these terms as 50/50 evolves, for example, when we add features, launch paid plans, or face new legal requirements. If we make material changes, we'll notify you in the app or by email before the changes take effect, and we'll always post the current version with its effective date at 5050dating.org/terms. If we materially change the Disputes section, we'll ask you to affirmatively accept the change; continuing to use the app without accepting won't bind you to a materially changed arbitration agreement, and the arbitration opt-out window re-opens as described above. If you don't agree to updated terms, stop using the service and delete your account before they take effect; the version you accepted governs anything that happened before the change took effect.

Everything else

Entire agreement. These terms and the Privacy Policy are the entire agreement between you and us about the service, and they replace any earlier understandings. The Privacy Policy is a separate document describing our data practices.
Severability. If any provision of these terms is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remain in full effect (the Disputes section has its own severability rule, which controls there).
No waiver. If we don't enforce a provision, we haven't given up the right to enforce it later.
Assignment. You can't assign or transfer these terms or your account. We may assign these terms in connection with a merger, acquisition, or sale of assets; we'll keep the current operator's name posted in these terms, and the Privacy Policy explains how your information is handled if that happens.
Force majeure. We're not liable for delay or failure caused by events beyond our reasonable control: outages of infrastructure providers, natural disasters, war, labor disputes, government action, and the like.
Electronic communications. You agree that we may provide notices and communications electronically, in the app or to the email associated with your account, and that they satisfy any legal writing requirement.
Export and government use. The app is subject to U.S. export laws, and you'll comply with them. If you use the app on behalf of the U.S. Government, it's provided as "commercial computer software" with only the rights granted to all other users under these terms.
No third-party beneficiaries, except Apple and its subsidiaries as described in "Apple App Store terms."
The waitlist. Joining the waitlist at 5050dating.org creates no account and no obligation on either side; we collect your email to send launch and availability updates, you can unsubscribe at any time using the link in any email, and the Privacy Policy governs how that email is handled. A waitlist spot is not a promise of access or admission timing; app admission still runs through signup, verification, and balanced batches.
Headings are for readability and don't affect interpretation.

State-specific terms

If you live in a state whose dating-service or consumer-protection laws give you rights beyond these terms, including cancellation, refund, or safety-notification rights, those laws control for you, and we will honor them; nothing in these terms waives a right your state makes non-waivable. When we launch paid features, this section will spell out the specific rights of subscribers in each state that requires them, including any 3-business-day cancellation right and its refund procedure.

Contact us

Questions, complaints, safety reports, DMCA notices, dispute notices, arbitration opt-outs, or claims about 50/50, including anything about the app itself, go here:

50/50, operated by Luminous Peak LLC

Cedar City, Utah, United States

Email: [email protected]