Privacy Policy
Last Updated: May 11, 2024
Ranedrop Corporation, d/b/a AskMary, is an AI-powered relationship guidance platform to support people who are looking for committed relationships.
When you use AskMary, you’re trusting us with your information. We understand it’s a tremendous responsibility, and we work hard to protect your information and put you in control. We wrote this Privacy Policy to help you understand what personal information we collect via our text channel, website (https://askmary.xyz), and mobile app, how we use it and disclose it, how long we retain it, and what choices you have about it.
Before we dive into the details, we’ll describe how AskMary works and our privacy principles.
How AskMary Works
Getting started is simple: just text our phone number, and our AI-powered assistant, named “Mary”, will ask you to describe yourself and what you’re looking for in a relationship. We’ll also offer you the chance to sign up for a monthly subscription if you want access to our premium tier, where you can ask us for fashion advice and more.
Personal Information We Collect
Personal information you provide:
Contact details, such as your first and last name, email and mailing addresses, and phone number.
Biographical details, such as your date of birth, place of work or education, personal interests and background, gender, age, dating preferences, physical characteristics, personal description, life experiences, and geographic location.
Sensitive data that you may choose to voluntarily provide to assist our AI-powered assistant in providing guidance, such as your sexual orientation, political views, religious views, sexual health, racial or ethnic origin, and philosophical beliefs.
Uploaded content, such as photos or videos. We may also collect information about the content, such as the time, date, and place the photo or content was taken or uploaded. We may also scan, monitor, store, and analyze the content you provide to us using third-party services for several purposes, including for anti-fraud purposes, for the assessment of whether the photos are consistent with our terms of service, to help identify your interests and activities—such as if your photo includes pets, sports, or trips—and to help us provide better support and guidance for you. To share photos and videos, we may request to access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in the “Settings” section on your device.
· Payment data needed to complete your subscription on or through our services (including name, payment card information, billing information), and your purchase history. Payments are processed through Stripe. We do not store payment card information.
Communications that we exchange with you, including when you text our AI-powered chatbot or contact us with questions, feedback or otherwise.
Marketing data such as your preferences for receiving our marketing communications and details about your engagement with them.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Automatic data collection. We, our service providers and our business partners may automatically log and combine information about you, your computer or mobile device, and your interaction over time with the services, online resources and our communications, such as:
Device data such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, and general location information such as city, state, or geographic area.
Online activity data such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the services, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and whether you have opened or otherwise engage with our communications, such as our marketing emails or clicked links or files within them.
We collect this information using cookies and other similar technologies. For more information, please visit our Cookie Policy[FJR1] .
Third-party sources. We may combine personal information we receive from you with information we obtain from other sources, such as:
Social media information. We may maintain pages on social media platforms, such as Facebook, Instagram, and X (formerly Twitter). When you visit or interact with our pages on those platforms, you or the platforms may provide us with information through the platform.
· Third-party integrations. When you link to or connect AskMary with a third-party service (e.g. Google, Facebook, or Spotify), you direct the service to send us information as controlled by that service, or as authorized by you via your settings at that service.
Other sources. We may obtain your personal information from other third parties, such as marketing partners, data providers, and publicly available sources.
How We Use Personal Information
We use personal information for the following purposes or as otherwise described at the time of collection:
Providing and supporting our services. We use personal information to operate, maintain, and provide you with our services, including to help you connect with other users, including to recommend you to other users and recommend other users to you. In particular, we will use personal information to perform our contractual obligations under our terms of service.
Communicating with you about our services. To perform our contractual obligations, or when it is in our legitimate business interests, we will use personal information to respond to your requests, provide customer support, and communicate with you about our services, including by sending announcements, updates, security alerts, and support and administrative messages.
Improving, monitoring, personalizing, and protecting our services. It is in our legitimate business interests to improve and keep our services safe for our users, which includes:
understanding your needs and interests, and personalizing your experience with the services and our communications;
troubleshooting, testing and research, and to keep the services secure; and
investigating and protecting against fraudulent, harmful, unauthorized, or illegal activity.
Research and development. We may use personal information for research and development purposes in our legitimate business interests, including to analyze and improve the services and our business. As part of these activities, we may create or use aggregated, de-identified or other anonymized data from personal information we collect. We use anonymization techniques to remove information that makes the data personally identifiable to you. We may use this deidentified data and share it with third parties for our lawful business purposes, including to analyze and improve the services and promote our business.
Direct marketing. We and our service providers may collect and use personal information for the following marketing purposes:
Email. We may from time-to-time send you direct marketing emails as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email. You may opt out of our marketing emails as described in the “Marketing communications opt-out” section below.
Text messages. We may notify you via text message about products that may interest you and other alerts you request. Consent to receive automated marketing text messages is not a condition of any purchase. If you would like more information about our do-not-call policy, or how to opt out, please review the “Marketing communications opt-out” section below. You may be responsible for standard SMS and per-minute charges by your mobile carrier.
Except where consent is required, we undertake such marketing on the basis of our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.
Compliance and protection. We may use personal information to comply with legal obligations, and to defend us against legal claims or disputes, including to:
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements and internal policies;
enforce the terms and conditions that govern the services;
prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
How We Disclose Personal Information
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. We do not share, sell, or trade the phone numbers of our customers or users.
For operational and legal purposes, we may disclose personal information to certain entities as outlined below:
· Service providers. Companies and individuals that provide services on our behalf or help us operate the services or our business (such as stylists and other support service providers, hosting, information technology, customer support, email delivery, and website analytics services).
· Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
· Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
· Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, Ranedrop Corporation (including, in connection with a bankruptcy or similar proceedings).
· Users or other instructed parties. With your consent, we may disclose personal information to other users or any other parties that you give us express permission to disclose your personal information to in the course of our relationship with you.
How You Disclose Personal Information
To other users. You may disclose personal information to other users when you voluntarily disclose information on the service to potential matches. Please be careful with your information and make sure you’re comfortable disclosing the content.
Third-Party AI Technology
Our services leverage third-party AI technology provided by our service providers. This technology is trained on real-world data to help us understand your messages and prepare our responses, and identify other users to match you with. We will disclose conversations and chat history to AI technology providers to generate intelligent and personalized responses in conversations with users.
Privacy Rights and Choices
Marketing communications opt-out. You may opt out of marketing-related emails, text messages, and other communications by following the opt-out or unsubscribe instructions in the communications you receive from us. You may also contact us as provided in the How to Contact Us section below to unsubscribe or learn more about our do-not-call policy. Even if you opt out of marketing-related communications, you may continue to receive service-related and other non-marketing emails.
Online tracking opt-out. You can opt out of third-party cookies as described in our Cookie Policy.
Personal information requests. We also offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our services, you may request the following in relation to personal information:
· Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
· Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
· Correction of personal information that is inaccurate or out of date.
· Deletion of personal information that we no longer need to provide the services or for other lawful purposes.
· Additional rights, such as to object to and request that we restrict our use of personal information, as well as the right to data portability.
To make a request, please email us or write to us as provided in the How to Contact Us section below. We may ask for specific information from you to help us confirm your identity.
Limits on your choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the How to Contact Us section below.
Right to complain. Depending on where you reside, such as if you reside in the European Economic Area ("EEA”) or United Kingdom ("UK”), you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.
Other Sites and Services
Our services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third-party. We do not control websites or online services operated by third parties, and we are not responsible for their actions. This Privacy Policy does not apply to such third-party sites or services.
Security
We use reasonable organizational, technical, and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration, and destruction of personal information we maintain. Unfortunately, data transmission over the internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.
Children’s Privacy
Our services are not intended for use by children under 18 years of age. If we learn that we have collected personal information through the services from a child under 18 without the consent of the child’s parent or guardian as required by law, we will delete it.
International Data Transfers
You will provide personal information directly to us in the United States. We may also transfer personal information to our affiliates and service providers in the United States and other jurisdictions. Please note that such jurisdictions may not provide the same protections as the data protection laws in your home country.
When we engage in cross-border data transfers, we will ensure that relevant safeguards are in place to afford adequate protection for personal information and we will comply with applicable data protection laws, in particular by relying on an EU Commission or UK government adequacy decision or on contractual protections for the transfer of personal information. For more information about how we transfer personal information internationally, please contact us as set out in the How to Contact Us section below.
Retention of Personal Information
Where required under applicable laws, we retain personal information only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable).
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.
Changes to This Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the website.
How to Contact Us
Responsible entity. Ranedrop Corporation is the entity responsible for the processing of personal information under this Privacy Policy (as a controller, where provided under applicable law).
Contact us. If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your personal information, please contact us by email at legal+privacy-policy@ranedrop.com, or write to us at:
Physical Address TBA
This Cookie Policy explains how Ranedrop Corporation uses cookies and similar technologies in connection with our services.
If you have any questions or concerns about the Cookie Policy, please contact us at legal+cookie-policy@ranedrop.com or as otherwise described in our https://ranedrop.com/legal/policies/privacy.
What are cookies and similar technologies?
· Cookies are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand activity and patterns, and facilitating online advertising.
· Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
· Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
This Cookie Policy refers to all these technologies collectively as “cookies.”
How do we use cookies and other similar technologies?
We use both persistent cookies and session cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies are deleted once you close your web browser. We use persistent cookies, for example, to record your choice of language and country location. The cookies placed through your use of our website are either set by us (first-party cookies) or by a third-party at our request (third-party cookies).
We also allow our advertising partners to collect this information through our website.
What types of cookies and similar technologies do we use?
We use the following categories of cookies:
Essential. We use essential cookies to help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. You can set your browser to block or alert you about these cookies, but then some parts of the websites will not work.
Functionality / performance. We use these cookies to enhance the functionality and performance of the services.
Analytics. We use these cookies to help us understand how our services are performing and being used. Specifically, we use Google Analytics to collect information about how users use our services, which we then use to compile reports that disclose trends without identifying individual visitors, and help us improve our services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
Email Interaction Technology: Our emails may contain web beacons to tell us whether they are opened and verify any clicks through to links within an email. We (and our marketing service provider on our behalf) use this information to help us understand how an email campaign performed, what types of emails and content our recipients find interesting, and what actions our recipients took, so we can improve our email campaigns in the future and make our emails more relevant to our recipients. If you do not wish the web beacon to be downloaded onto your device, you should select to receive emails from us in plain text rather than HTML.
How can you control the use of cookies?
Depending on where you access the services from, you may be presented with a cookie banner or other tool to provide permissions prior to non-Essential cookies being set. In this case, we only set these non-Essential cookies with your consent.
You can also limit online tracking by:
· Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Use the following links to learn more about how to control cookies and online tracking through your browser:
o Firefox; Chrome; Microsoft Edge; Safari (Mac); Safari (Mobile/iOS)
· Using privacy plug-ins or browsers. You can block our websites from setting cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third-party cookies/trackers.
Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.
Do Not Track. Some Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Terms of Service
Last Revised: April 16, 2024
1. Acceptance of Terms
1.1. Terms of Service. These Terms of Service (these “Terms of Service”) govern your access and use of (i) the website available at https://askmary.xyz, (ii) the chatbot service provided via SMS and MMS texting and (iii) all services, content, tools, features, and functionalities offered on or through the Site and the chatbot service (collectively, the “Service”), which are provided by or on behalf of Ranedrop Corporation, (the “Company”, “we” or “us”). By accepting these Terms of Service or by accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.2. User. For purposes of these Terms of Service, “you” or “your” means you as a user of the Service.
1.3. Changes to these Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will update the “Last Revised” date at the top of the page of these Terms of Service. You can review the most current version of these Terms of Service at any time at https://ranedrop.com/legal/policies/terms-of-service. We will use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to these Terms of Service is not acceptable to you, you must cease all access or use of the Service.
1.4. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 12 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 12.
2. Your Privacy At Ranedrop, we respect the privacy of our users. For more information regarding how we handle the information you provide to us when you use the Service, please see our Privacy Policy, located at https://ranedrop.com/legal/policies/privacy the “Privacy Policy”).
3. Description of Service The Service provides [a conversational texting interface to provide advice and counseling related to romantic based on the information and data you provide. The Service may also offer ancillary optional services, such as styling advice.]
4. Access and Use of the Service
4.1. Eligibility. To be eligible to use the Service, you must be at least 18 years of age and reside in a jurisdiction where the Service is offered.
4.2. Access; Restrictions. You may access and use the Service only for your personal, non-commercial purposes. You may access the Service by sending a text to the Company phone number set forth in Section 17. [A1] You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third-party; (b) modify, copy, distribute, transmit, reproduce, or create derivative works of the Service or any content made available thereon; (c) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (d) modify, adapt or hack the Service to, or otherwise attempt to, gain unauthorized access to the Service or its related systems or networks, (e) use bots, hacks, mods or any other unauthorized software designed to modify the Service, (f) circumvent, remove, alter or thwart any technological measure or content protections of the Service, (g) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same, (h) introduce any viruses, trojan horses, worms, bombs or other materials that are malicious or technologically harmful into our systems, (i) use the Service for illegal, harassing, unethical, or disruptive purposes, or (j) access or use the Service in any way not expressly permitted by these Terms of Service. You shall also comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service.
4.3. Software. Any software that may be made available by the Company in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these Terms of Service, the Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the Software on your personal devices solely in connection with the Service, provided that you shall not (and shall not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
4.4.AI-Generated Output. You acknowledge and agree the Service is supported by various artificial intelligence algorithms and models (the “AI Models”) and that certain information, recommendations, suggestions or other output (collectively, “Output”) generated and returned by the Service may be generated using such AI Models and other third-party AI tools. The Company will use reasonable efforts to manually review Output before it is returned to you; however in relying on the AI tools, in addition to the limitations and restrictions set forth in these Terms, there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content, suggestions and advice presented to you through the Service, including any reliance on the accuracy, completeness, or usefulness of any Output.
4.5. Required Equipment and Mobile Services. The Service is solely available through SMS/MMS texting via mobile phone. By using the Service and providing us with your telephone number(s), including when you first access the Service in texting the Company, you are consenting to be contacted by the Company or its affiliates or partners by text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational purposes in connection with your use of the Service or other similar purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You will be required to respond to an initial call or message as instructed to complete your registration with the Service and thereafter, you may be required to respond to additional messages to confirm enrollment to receive other calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its affiliates or partners for marketing or solicitation purposes to use the Service. You are solely responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment and services needed to use the Service. Message and data rates may apply for any message sent to you from us or to us from you. Your wireless service provider may charge you fees for data, text messaging and/or other wireless access. Please check with your wireless service provider to determine what fees apply. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify the Company or its affiliates or partners, as applicable, directly by replying “STOP” to any text message you receive from us or by contacting us in accordance with Section 17. In the event you change or deactivate your telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to a person that acquires your old telephone number.
5. Your Content
5.1.Your Content. You are solely responsible for all data, images, information, feedback, suggestions, text, content and other materials that you upload, deliver, provide or otherwise transmit or store (hereafter “provide”) in connection with or relating to your use of the Service (“Your Content”). You represent and warrant that all of Your Content that you provide, including information about yourself, is true and accurate. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. By providing Your Content on or through the Service, you hereby grant the Company (and our third-party partners and service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with providing the Service to you. You agree that the foregoing includes a right for us to make Your Content available to, and pass the foregoing rights to, others with whom we have contractual relationships related to the provision of the Service, solely for the purpose of providing the Service, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. Additionally, the Company may generate and use technical logs, data and learnings about your use of the Service and Your Content and use such data together with Your Content in aggregate, anonymized form to operate, improve, analyze and support the Service and other products and services of the Company and for other lawful business purposes, including training the AI Models. By providing Your Content through the Service, you represent and warrant that you have all rights, licenses, consents, and/or permissions necessary to grant the rights granted herein to Your Content.
5.2.Prohibited Data. You agree that you will not at any time provide through the Service or otherwise to the Company any sensitive financial information. You shall not send or upload any content to the Service, and you represent and warrant that Your Content does not contain any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (g) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type.
5.3. Security Measures. You understand that the operation of the Service may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We employ a number of technical, organizational and physical safeguards designed to protect Your Content. However, no security measures are failsafe and we cannot guarantee the security of Your Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
6. Fees. To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information to the Company (or its payment processor) regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Company or the payment processor as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize the Company (through its payment processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that Company charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change the Company’s prices. If the Company does change prices, the Company will provide notice of the change at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on the Company’s net income.
7. Intellectual Property Rights
7.1. Company Rights. The Service, including the “look and feel” of the Site and Service, and all related proprietary content, information and other materials, are protected under intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Service and Software including all intellectual property rights therein. Any rights not expressly granted herein are reserved.
7.2. Company Trademarks. The “AskMary” and “Ranedrop Corporation” names and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
7.3. Feedback. We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to the Company any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
8. Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties, such our payment processor (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third-party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation of any such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third-party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
9. Indemnification To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms of Service. The Company will provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without the Company’s prior written consent.
10. Disclaimer of Warranties
10.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2. YOU ACKNOWLEDGE THAT THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
11. Limitation of Liability
11.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
11.2. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
11.3. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
12. Dispute Resolution By Binding Arbitration PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
12.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
12.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
12.3. Pre-Arbitration Dispute Resolution. The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at the email address set forth in Section 17. You and the Company agree to make a good faith sustained effort to resolve any disputes before resorting to more formal means of resolution. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to the mailing address listed in Section 17 below (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
12.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator, administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/ If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
12.5. Seat of Arbitration. Unless the Company and you agree otherwise, any arbitration hearings will take place in Washington, D.C. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
12.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the JAMS Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
12.7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
12.8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 12.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 12.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
12.9. Opt-Out. You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to the U.S. mailing address listed in Section 17 below. The notice must be sent to us within thirty (30) days of your registration with the Service or agreement to these Terms of Service (or if this Arbitration Agreement is amended hereafter (other than a change to the Notice Address), within thirty (30) days of such amendment being effective) and such notice must specify your name and mailing address. If you opt-out of this Arbitration Agreement, we will also not be bound by the terms of this Arbitration Agreement.
13. Termination. You agree that the Company, in its sole discretion, may suspend or terminate your use of the Service and remove and discard any content within the Service (including Your Content), for any reason, including for lack of use or if the Company believes that you have violated these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate your access to the Service, delete Your Content and/or bar any further access to Your Content or the Service. Further, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service.
14. General. These Terms of Service constitute the entire agreement between you and the Company governing your access and use of the Service, and supersede any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the District of Columbia without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.
15. Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth in Section 17 below.
16. U.S. Government Restricted Rights The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
17. Questions? Concerns? Suggestions? Please contact us at legal+terms-of-service@ranedrop.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Notice for SMS/MMS Users of askMary
1. The service provides people with the knowledge, skills, and confidence to get to the next step on their journey toward a committed relationship. The mechanism for this is an interactive, contextually aware relationship guidance service for users who want to engage in naturally flowing conversational sessions with relationship experts.
Expected Interactions
The service engages with users in a mostly reactive manner, but there are proactive elements of the experience where the service initiates follow-up discussions or checks in on the status or well-being of the user.
Reactive: This occurs when the user initiates the conversation with the service. The service will respond in turn to the inbound messages from the user. Any reactive interaction will have a clear indication of the message to which it is responding.
Proactive: This occurs as a result of the system being triggered by an event (action-based or time-based), where the service will proactively engage with an existing user, if they have previously provided their consent for the service to do so.
2. You can cancel the SMS service at any time. Just text "STOP" to the service’s phone number or short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@askmary.xyz.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than five proactive messages per day, and reactive messages will be in proportion to the number of messages that you send to the service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: https://askmary.xyz