Terms of Service

Welcome to Melly. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Escondido Development LLC ("Melly," "we," "us," or "our"), governing your access to and use of the Melly mobile application, the website located at www.meetmelly.com, and all related services, features, and content (collectively, the "Service").

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Material changes will be communicated via in-app notification or email at least 30 days before they take effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the updated Terms.

1. Eligibility

To use the Service, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher).
• Have the legal capacity to enter into a binding contract with Melly.
• Not be prohibited from using the Service under any applicable law.
• Not have been previously removed, banned, or suspended from the Service by Melly.
• Not be required to register as a sex offender in any jurisdiction.
• Not have been convicted of a felony or any crime involving violence, harassment, dishonesty, or a sex-related offense, where such a restriction is permitted by applicable law.

We reserve the right to request verification of your identity and age at any time. Failure to provide satisfactory verification may result in suspension or termination of your account.

2. Account Registration & Security

You must create an account to use the Service. When registering, you agree to:

• Provide accurate, current, and complete information as requested during the registration process.
• Maintain and promptly update your information to keep it accurate and current.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Immediately notify us at hello@meetmelly.com of any unauthorized use of your account or any other breach of security.

You are solely responsible for all activity that occurs under your account. Melly is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. Each person may maintain only one active account.

3. Description of the Service

Melly is a dating and social connection platform that uses quiz-based compatibility assessments to help users discover meaningful connections. The Service includes, but is not limited to:

• Personality and compatibility quizzes designed to generate compatibility scores between users.
• User profiles displaying quiz results, photos, and personal information.
• A matching system based on quiz compatibility and user preferences.
• In-app messaging between matched users.
• Optional premium features available through paid subscriptions or in-app purchases.

Melly does not conduct background checks on users. We do not verify the identity, background, or statements of any user. You are solely responsible for your interactions with other users, both online and offline. We strongly encourage you to exercise caution, use good judgment, and follow our Safety Tips when communicating with or meeting other users.

4. User Conduct & Community Guidelines

You agree to use the Service in a lawful, respectful manner and in accordance with these Terms. You agree that you will not:

4.1 Prohibited Content

• Post, upload, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or discriminatory based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age.
• Upload sexually explicit or pornographic material, including nude images.
• Post content that promotes violence, self-harm, illegal drug use, or any criminal activity.
• Impersonate any person or entity, or falsely state or misrepresent your identity, age, affiliations, or qualifications.
• Post content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party.

4.2 Prohibited Behavior

• Harass, stalk, intimidate, threaten, or bully any other user.
• Solicit money, passwords, or personal information from any user for fraudulent or unlawful purposes.
• Use the Service for any commercial purpose, including advertising, solicitation, or promotion of goods or services, without our prior written consent.
• Use the Service to distribute spam, chain letters, or unsolicited messages.
• Use any automated system, including bots, scrapers, crawlers, or other automated means, to access the Service or collect data from it.
• Attempt to interfere with, compromise, or disrupt the Service or its servers, networks, or infrastructure.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof.
• Create multiple accounts, or create a new account after having been banned, without our explicit permission.
• Use the Service while located in a country embargoed by the United States or on any U.S. government list of prohibited or restricted parties.

We reserve the right, but have no obligation, to monitor user activity and content. We may, in our sole discretion, investigate, remove content, warn, suspend, or permanently ban any user who violates these Terms or whose conduct we deem harmful to other users, the Service, or third parties.

5. User Content

5.1 Ownership

You retain ownership of all content you submit, post, or display through the Service ("User Content"), including photos, text, quiz responses, and messages. Melly does not claim ownership of your User Content.

5.2 License Grant

By submitting User Content to the Service, you grant Melly a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely for the purposes of operating, developing, providing, promoting, and improving the Service. This license continues for so long as your User Content is on the Service and for a reasonable period after deletion to account for backup and caching systems, after which it terminates.

5.3 Representations

By posting User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and authorize the use of your User Content as described herein.
• Your User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party.
• Your User Content complies with these Terms and all applicable laws and regulations.

5.4 Content Removal

We reserve the right to remove or disable access to any User Content that, in our sole judgment, violates these Terms, our Community Guidelines, or applicable law, or is otherwise objectionable. We are not obligated to store, maintain, or provide copies of your User Content.

6. Subscriptions, Purchases & Billing

6.1 Paid Features

Melly may offer premium subscriptions and in-app purchases ("Premium Features"). Pricing and available features will be displayed at the point of purchase. All prices are in U.S. dollars unless otherwise stated and are inclusive of applicable taxes unless otherwise noted.

6.2 Subscription Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annually, depending on your selected plan) unless you cancel at least 24 hours before the end of the current billing period. Renewal charges will be made to the payment method associated with your account at the then-current subscription rate.

6.3 Cancellation

You may cancel your subscription at any time through the subscription management settings on your device (Apple App Store or Google Play Store). Cancellation takes effect at the end of the current billing period. You will retain access to Premium Features until the end of your paid period. Melly does not offer prorated refunds for unused portions of a subscription period.

6.4 Refunds

All purchases are final and non-refundable, except as required by applicable law or as expressly stated in these Terms. If you purchased your subscription through the Apple App Store or Google Play Store, refund requests are governed by the respective platform's refund policies. For any billing disputes or errors, contact us at hello@meetmelly.com.

6.5 Free Trials & Promotions

We may offer free trials or promotional pricing from time to time. If you do not cancel before the free trial period ends, your subscription will automatically convert to a paid subscription at the standard rate. Free trials are limited to one per user.

7. Intellectual Property

The Service, including all software, algorithms, user interface designs, graphics, logos, trademarks, quiz content, compatibility scoring methodologies, and all other proprietary content (collectively, "Melly IP"), is owned by or licensed to Melly and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, or create derivative works of the Service or Melly IP.
• Use data mining, robots, scraping, or similar data-gathering methods on the Service.
• Download, copy, or store any Melly IP except as expressly permitted by the Service's intended functionality (e.g., caching for offline use).
• Use the Melly name, logo, or trademarks without our prior written consent.

8. Copyright Infringement & DMCA

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent:

• Email: hello@meetmelly.com
• Mail: Escondido Development LLC, Attn: DMCA Agent, hello@meetmelly.com

Your notice must include:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with sufficient detail for us to locate it on the Service.
• Your contact information (address, telephone, email).
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

9. Data Privacy & Your Data Rights

Our collection, use, and protection of your Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein. The following provisions highlight key data-related obligations and rights that apply directly under these Terms:

9.1 Consent to Data Processing

By creating an account and using the Service, you explicitly consent to the collection and processing of your Personal Data — including Sensitive Personal Data such as sexual orientation, gender identity, religious beliefs, and ethnicity — as necessary to provide quiz-based compatibility matching and related Service features. You may withdraw this consent at any time as described in our Privacy Policy, though withdrawal may limit your ability to use certain features of the Service.

9.2 Data You Share with Other Users

You acknowledge that certain information you provide — including your profile content, quiz results, compatibility scores, and messages — will be visible to other users of the Service. Once you share information with another user (e.g., via messages), Melly cannot control how that user may use, store, or disclose such information. You accept all risk associated with sharing personal information with other users.

9.3 Quiz Data & Algorithmic Matching

You understand and agree that your quiz responses are processed by our proprietary algorithms to generate compatibility scores and match recommendations. This constitutes automated decision-making and profiling under the GDPR. Compatibility scores are generated for informational and entertainment purposes only and should not be relied upon as a definitive measure of relationship compatibility. You have the right to request human review of any significant automated decision as described in our Privacy Policy.

9.4 Your Data Rights

Depending on your jurisdiction, you may have certain rights regarding your Personal Data, including the right to access, correct, delete, port, restrict processing of, and object to the processing of your data. California residents have additional rights under the CCPA/CPRA, and residents of the EEA, UK, and Switzerland have rights under the GDPR. Full details of these rights and how to exercise them are provided in our Privacy Policy. You may also exercise your rights by contacting us at hello@meetmelly.com.

9.5 Data Retention & Account Deletion

When you delete your account, we will delete or anonymize your Personal Data in accordance with the retention schedule set forth in our Privacy Policy. Certain data may be retained for longer periods where required by law, necessary for legitimate business purposes (e.g., resolving disputes, enforcing agreements), or related to an active safety or fraud investigation. Payment records are retained as required by applicable tax and financial regulations.

You may request deletion of your account and all associated data at any time by visiting our Account Deletion Request page, using the in-app Settings > Account > Delete Account option, or emailing hello@meetmelly.com.

9.6 Data Security Obligations

We implement industry-standard technical and organizational measures to protect your data, including encryption in transit and at rest, role-based access controls, and regular third-party security assessments. However, no method of electronic storage or transmission is entirely secure. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. In the event of a data breach that poses a risk to your rights and freedoms, we will notify affected users and relevant supervisory authorities in accordance with applicable law.

9.7 International Data Transfers

Your data may be transferred to and processed in countries other than your country of residence, including the United States. Such transfers are made in accordance with applicable data protection laws and are subject to appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission and the UK International Data Transfer Agreement. By using the Service, you acknowledge and consent to such transfers. Full details are provided in our Privacy Policy.

9.8 Children's Data

The Service is not directed to individuals under the age of 18 (or the age of majority in your jurisdiction, whichever is higher). We do not knowingly collect Personal Data from minors. If we discover that a minor has created an account, we will promptly terminate the account and delete all associated data. If you believe a minor is using the Service, please report it to hello@meetmelly.com.

9.9 Third-Party Services & SDKs

The Service may integrate with or contain links to third-party services, including analytics providers, cloud infrastructure, payment processors, and social login providers. These third parties may collect data in accordance with their own privacy policies. We require all third-party service providers to enter into Data Processing Agreements (DPAs) that impose obligations no less protective than those described in our Privacy Policy. We are not responsible for the privacy practices of third-party services and encourage you to review their policies.

9.10 Changes to Data Practices

If we make material changes to how we collect, use, or share your Personal Data, we will update our Privacy Policy and notify you through the Service or by email at least 30 days before the changes take effect. Where required by law, we will obtain your consent before implementing material changes. Your continued use of the Service after such changes constitutes acceptance of the updated practices.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Melly does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the Service, including quiz results and compatibility scores, will be accurate, reliable, or meaningful.
• Any information provided by other users is truthful, accurate, or complete.
• Any defects or errors in the Service will be corrected.

MELLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON ALL USERS. You acknowledge and agree that Melly is not responsible for the conduct of any user, whether online or offline. You agree to use caution and good judgment in all interactions with other users, particularly if you decide to communicate outside the Service or meet in person.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to use the Service.
• Any conduct or content of any user or third party on the Service.
• Any content obtained from the Service, including reliance on quiz results or compatibility scores.
• Unauthorized access, use, or alteration of your content or account.

IN NO EVENT SHALL MELLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO MELLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Melly and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to:

• Your access to or use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any applicable law or the rights of any third party.
• Your interactions with other users, whether online or offline.

13. Dispute Resolution & Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@meetmelly.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Melly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award the same damages and relief that a court could award.

13.3 Class Action Waiver

YOU AND MELLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within its jurisdictional limits. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to hello@meetmelly.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of binding arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Sheridan County.

14. Termination

14.1 Termination by You

You may delete your account at any time through the in-app Settings menu, by submitting a request on our Account Deletion Request page, or by contacting us at hello@meetmelly.com. Account deletion is subject to the data retention periods described in our Privacy Policy.

14.2 Termination by Melly

We may suspend or terminate your account, at our sole discretion, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Community Guidelines.
• Conduct that is harmful to other users, third parties, or the Service.
• At the request of law enforcement or government agencies.
• Extended periods of inactivity.
• Discontinuation or material modification of the Service.

14.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. The following provisions survive termination: Sections 5.2 (License Grant, with respect to content already distributed), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 16 (General Provisions).

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Melly agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Sheridan County, Wyoming.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and Melly regarding the Service and supersede all prior agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.3 Waiver

The failure of Melly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of Melly.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Melly may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

16.5 Force Majeure

Melly shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, power failures, internet disruptions, or cyberattacks.

16.6 Notices

All notices to Melly under these Terms must be sent to hello@meetmelly.com. Notices to you may be sent to the email address associated with your account or delivered through the Service. Notice is deemed received upon delivery.

17. Contact Us

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