Terms of Service

The CounselEffective date: November 1, 2026Version: 2026-3

These Terms are an agreement between you and The Counsel Social LLC ("The Counsel", "we", "us") covering your use of The Counsel app, website, and related features (the "Service"). You accept these Terms when you affirmatively agree during sign-up or another acceptance flow. The Privacy Policy, Consumer Health Data Privacy Policy, Online Dating Safety Policy, and any state-specific or feature-specific terms shown to you form part of these Terms. If you do not agree, do not use the Service.

IMPORTANT DISPUTE NOTICE. Section 17 contains an arbitration agreement and class-action waiver. Unless you timely opt out, most disputes must be resolved through individual binding arbitration rather than in court. You retain the exceptions and rights described in Section 17.

THE COUNSEL DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS. When investigating a report or credible safety concern we may check public sources such as sex-offender registries, but those checks are limited. Read Section 8 and the Online Dating Safety Policy before meeting anyone.

1. Eligibility

Registration and ordinary availability are currently limited to the United States, although existing members may be able to use parts of the Service while traveling. You must be at least 18 years old and legally able to enter into a binding contract.

You may not use the Service if you have committed, been convicted of, or pleaded guilty or no contest to a crime involving violence, a threat of violence, or sexual misconduct; if you are required to register as a sex offender in any jurisdiction; if applicable law prohibits your use of the Service; or if we previously banned you, unless we have given you written permission to return. You may have only one account. Your permission to use the Service ends if these eligibility requirements stop being true.

You also confirm that you are not prohibited from receiving the Service under applicable U.S. export-control or sanctions laws and that you will follow laws that apply to your use of the Service.

Checks. We may ask you to confirm age or account information using a phone number, camera selfie, government ID, app-store age signal, or other method, and may limit an account until a requested check is completed. We do not conduct criminal background screenings of our members. When investigating a report or credible safety concern, we may check public sources such as sex-offender registries. Those checks are limited, may be incomplete or outdated, and are not a substitute for caution. We do not independently verify most information members provide.

2. Your account

Account-change notices. Where required by law, including for qualifying Vermont members, we send a clear security notice after discovering a material change to login or account-security information, such as an email address, phone number, or password. We aim to send any notice subject to a 24-hour legal deadline within that period.

If you provide a phone number, you agree that we may send non-marketing account and security messages, such as verification codes and fraud or safety notices. Message and data rates may apply.

We may delete accounts that have been inactive for two years after giving at least 30 days of advance notice, unless law requires a different process.

3. Community rules

You agree not to:

Child sexual exploitation material, terrorism-related illegal content, credible threats, and other clearly illegal content have zero tolerance. We remove prohibited material, restrict or ban involved accounts as appropriate, and make reports required by law.

Profile answers, including relationship goals and relationship style, describe the member who provided them. They are not endorsements by The Counsel. Be honest with the people you meet about your circumstances and intentions.

4. Your content

You retain ownership of content you submit, including photos, prompts, voice notes, messages, reviews, Open Invites, Atlas posts, and other material. You grant The Counsel a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, adapt, translate, resize, redact, and otherwise process your content only as reasonably necessary to operate, provide, improve, secure, moderate, and comply with law for the Service. This license does not transfer ownership to us.

We will not use your name, photo, voice, or likeness in advertising outside the Service without separate permission. The operational license ends when the relevant content is deleted, except for copies lawfully retained for safety, fraud prevention, legal obligations, disputes, backups, or other purposes disclosed in the Privacy Policy.

You represent that you have the rights and permissions needed to submit your content and that your content complies with these Terms. Other members' content belongs to them or their licensors and may be used only as the Service allows.

Other members may screenshot, photograph, remember, or share information despite our rules and technical controls. We cannot guarantee that content will remain private once another person has seen it.

We do not review all user content before it appears. You may encounter inaccurate, offensive, objectionable, or unlawful content. Use the reporting tools when content violates these Terms.

When an account is deleted, messages and media sent from that account are removed from ordinary member-facing conversations. Copies may remain temporarily in backups and may be retained longer when tied to a report, safety record, fraud-prevention record, legal obligation, dispute, or law-enforcement preservation request, as described in the Privacy Policy.

If you provide feedback, suggestions, or a problem report, you permit us to use it to improve and protect the Service without compensation, subject to our Privacy Policy.

Nothing in these Terms restricts your lawful right to give an honest review, rating, assessment, or opinion about The Counsel or its products or services, and you do not transfer ownership of such external reviews to us.

Copyright and DMCA

If you believe content hosted on the Service infringes your copyright, send a notice to our designated DMCA agent. The contact information below must match our current U.S. Copyright Office designation before publication:

A valid notice should include the elements required by 17 U.S.C. § 512(c)(3), including a signature, identification of the copyrighted work and allegedly infringing material, information sufficient to locate the material, contact information, a good-faith statement, and the required statement under penalty of perjury. If your material is removed because of a DMCA notice and you believe the removal was mistaken, you may submit a counter-notice satisfying 17 U.S.C. § 512(g).

We maintain and reasonably implement a policy for terminating repeat infringers in appropriate circumstances. The Counsel does not become your copyright agent and does not undertake to police or enforce your copyrights on third-party services merely because your content appeared on the Service.

5. Reviews and ratings

After a qualifying conversation, date, event, or trip, members may be able to review one another. Reviews must be honest, first-hand, and based on the reviewer's own experience.

Review text is displayed without the reviewer's name. Some reviews are revealed only after both people submit reviews or after a waiting period designed to reduce retaliation.

A Counsel Rating appears only after a member has at least three qualifying reviews. A review counts toward the rating only if the reviewer's gender is one the reviewed member has indicated they are interested in. We may weight reviews to reduce manipulation. For example, reviews from newer or lower-trust accounts may count less, and a review may be substantially down-weighted when our systems detect blocking-related retaliation, unusual extreme-rating patterns, or a score that was lowered after the reviewer saw the other person's review.

We may hold, hide, or remove reviews that violate these Terms, contain private or contact information, appear fraudulent, or otherwise create a safety or legal concern. We do not edit a member's review text or score to change its substance, and we do not create fake reviews or staff-authored reviews pretending to be member reviews.

Review text and the score chosen by the reviewer are that reviewer's opinions. Counsel Ratings, trust scores, Travel Trust Scores, compatibility percentages, and badges are outputs generated by The Counsel's systems from member activity, review data, and other disclosed inputs. They are automated estimates, are not statements of fact about character or safety, and may be wrong. Do not use them as a substitute for your own judgment.

A member may dispute a review and, where the feature is available, post a reply. We apply these Terms and our moderation rules to disputes, but we are not a court and generally cannot determine the ultimate truth of conflicting personal accounts.

6. How matching works

Chemistry and Redacted. Profiles are selected and ordered using factors such as compatibility, trust, activity, distance, filters, dealbreakers, and product-quality signals. Redacted hides identifying profile elements until the applicable reveal conditions are met.

Introductions. If Introductions is enabled, we may create a match we believe could be compatible, generally around 6 PM in your local time and no more than once per day. An Introduction may expire after 24 hours unless both people engage as described in the app.

Match limits. The Service may limit the number of unreviewed matches an account can hold. Limits may depend on trust and account activity. You can make room by completing a review or unmatching where available.

Filters and dealbreakers affect what you see, but do not guarantee who sees you. We do not guarantee any number of matches, messages, dates, trips, or outcomes.

7. Messaging and Sidebars

Safety processing. To operate and protect messaging, we use automated systems on-device and on our servers to detect scams, money requests, threats, abusive patterns, prohibited contact-sharing, and explicit or violent media. Human moderators may review reported material and relevant surrounding context. Safety processing is described in the Privacy Policy and Online Dating Safety Policy.

Optional AI processing. Optional AI features that would send another member's private message or free-form content to a cloud AI service run only under the permissions described in the Privacy Policy. Counsel Insight and any server-side translation or message-help feature that processes another participant's messages require both participants to have AI chat processing turned on (Settings > AI features). Features that use another member's profile text, such as Conversation Compass, first-message ideas and translation, use it only if that member allows AI to read their profile text. Features that operate only on your own draft or your own content may run when you request them.

Photos and videos in chat require the recipient to accept media from that sender before the media is displayed. Declining media permission prevents that sender from using the in-chat media feature with that recipient.

Sidebars are shared questions in a conversation. Answers are generally revealed after both participants answer. Daily limits may apply, and additional uses may be available through a paid plan or rewarded ad.

Translations, conversation starters, AI suggestions, and other generated features may be inaccurate. You are responsible for reviewing and deciding whether to send any suggested text.

A person you message may still screenshot, photograph, copy, or remember what you share even if the app blocks screenshots in some circumstances.

8. Meeting in person, Open Invite and Atlas

YOU ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, ONLINE AND IN PERSON. THE COUNSEL DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS AND IS NOT A PARTY TO A DATE, EVENT, OR TRIP ARRANGED THROUGH THE SERVICE.

Meeting people and traveling involve risks, including injury, illness, fraud, theft, property loss, harassment, and other harm. Take reasonable precautions. The Counsel is not a travel agent, tour operator, booking service, transportation provider, or event organizer unless a feature expressly says otherwise.

Open Invite and Atlas hosts are responsible for the accuracy of the event or trip information they provide, their own costs and bookings, cancellations, venue rules, permits, alcohol rules, and conduct. Members participate at their own risk.

Emergency contacts. Add only people who have agreed to be listed. You are responsible for having their permission. You control when their details are shared with trip companions or through safety tools.

Trip safety tools, check-ins, expected-return reminders, trip-plan links, and hotline information may fail, be delayed, or contain third-party information. They are not emergency services. In an emergency, call 911 or the appropriate local emergency number.

Location. Distances are approximate. Do not attempt to use distances, repeated observations, or other signals to determine another member's precise location.

Travel abroad. Laws and social conditions vary. Some jurisdictions criminalize same-sex relationships, certain relationship arrangements, sexual conduct, or other activity. Research local law and safety conditions before traveling or meeting someone abroad.

Trip-plan links. Anyone with a valid trip-plan link may be able to see the details displayed on it. Share links only with people you trust and revoke or cancel them when no longer needed.

Booking Checked, Selfie Checked, and ID Details Matched badges confirm only the limited checks described in Section 9 and the Privacy Policy. They do not guarantee that a trip will occur, that a person is who they claim to be, or that anyone is safe.

Safety awareness notice

State-specific safety notices. Connecticut and New Jersey members may receive additional disclosures at registration, before messaging, on member profiles, or in other locations required by law. These disclosures supplement, and do not replace, this safety notice.

Colorado members: the link labeled “Online Dating Safety Policy - Colorado and Member Safety Information” in the Service and in this contract takes you to The Counsel's Online Dating Safety Policy at /safety-policy.

9. AI features and estimates

Compatibility percentages, Counsel Ratings, badges, trust scores, Travel Trust Scores, Counsel Insight, translations, and other AI-assisted outputs are estimates or suggestions. Trust and Travel Trust Scores reflect account activity, checks, and community feedback; they do not predict whether someone is safe to communicate with, meet, travel with, or trust. None of these features is professional, psychological, relationship, legal, or safety advice.

Selfie Checked means the app detected a face in a camera selfie and in one profile photo selected by the member. The check does not compare the two faces, verify liveness, confirm identity, or prove that other profile photos show the same person.

ID Details Matched means the name and date of birth read from an uploaded document matched the member's account. We do not represent that the document was authenticated or that its photo was matched to the member.

Booking Checked means text read from a booking or itinerary was consistent with the Atlas trip information. It does not confirm that the trip will happen or that the host is safe.

Our Privacy Policy explains which AI features use Google Cloud, what information each feature sends, the consent or settings required for optional AI processing, and the role of Google as our service provider. Structured sensitive-profile answers are not sent to generative AI features.

You remain responsible for content you send or post, including content suggested by an AI feature. AI features may have daily limits and may change or be discontinued.

10. Moderation and enforcement

Report a problem using the reporting tool on the relevant profile, message, photo, review, Open Invite, event, or Atlas trip. We may use automated systems to prioritize or summarize reports, but permanent bans and appeals are decided by people as described below.

We are not required to monitor every interaction or act on every complaint. We may review, screen, preserve, restrict, or remove content when we reasonably believe it violates these Terms, creates a safety risk, infringes rights, or must be addressed for legal or operational reasons. We may consider credible off-platform conduct involving members when it presents a material safety risk to the Service community.

Depending on the issue, we may warn an account, remove content, limit messaging or media, reduce visibility, suspend the account, permanently ban the account, or place a qualifying account in a shadow ban. Shadow bans are reserved for ban evasion, fraud, spam, or serious attempts to manipulate the Service. A shadow-banned account may keep some existing functionality while new discovery, likes, trips, or events are withheld from others.

Temporary restrictions may be applied automatically for up to seven days when multiple reports support the same issue or the account has a previously confirmed violation. Permanent bans are decided by an authorized human moderator. You can view disclosed restrictions in Settings > Account status and appeal within six months. Appeals are reviewed by a person. We may withhold details where disclosure would materially undermine anti-fraud or anti-abuse measures, subject to applicable law.

We may access, preserve, and disclose account information and content when required by law or when we reasonably and in good faith believe it is necessary to comply with legal process, enforce these Terms, respond to rights claims, provide support, investigate fraud, or protect the rights, property, or safety of The Counsel, members, or the public.

We report apparent child sexual abuse material to the National Center for Missing & Exploited Children when required by law and preserve related material as law requires or law enforcement directs.

Fraud-ban notices

When a qualifying account is banned because we believe it may be using a false identity or poses a significant risk of attempting to obtain money fraudulently, we provide legally required fraud warnings to affected members. For New York and Vermont members covered by their respective statutes, this includes members known to have received and responded to an on-site message from the banned account. The notice identifies the banned profile, explains the fraud concern, warns members not to send money or financial information, and links to anti-fraud guidance. We send the notice within 24 hours after the fraud ban unless applicable law permits a later evidence-based timing, and never later than the maximum period allowed by law. We may warn additional members who interacted with the account when we reasonably believe doing so is necessary to prevent fraud or protect safety. We do not disclose the reporter's identity or unnecessary personal information about the banned member.

We may keep a limited safety and anti-abuse record after account deletion to prevent repeat accounts and protect members, as described in the Privacy Policy.

11. Staff accounts

Employees, contractors, and moderators may use the Service as genuine members. Staff profiles may receive placement adjustments in discovery, Likes, or Messages and a higher trust standing, and staff accounts with moderation access can see who is behind a Redacted card. Staff do not create fake reviews, fake member personas, or fake matches designed to mislead users.

A staff member may not inspect another member for personal reasons or handle a moderation case involving the staff member's own interaction. Moderator access is limited to people we authorize, and privileged moderator actions are logged, as described in the Privacy Policy.

12. Paid plans, ads and rewards

Plans. Counsel Plus and Counsel Premium may be offered at the prices displayed in the app at the time of purchase, plus applicable tax. Features, fair-use limits, promotional pricing, and regional availability may change. If a change materially reduces an active paid plan, we will provide any notice, cancellation right, or refund required by law or applicable app-store rules.

Automatic renewal. Subscriptions are generally sold and billed through the Apple App Store or Google Play. Unless cancelled, a subscription renews automatically for the period shown at purchase at the then-current disclosed price. Follow the cancellation method provided by the applicable app store. Deleting your app or The Counsel account does not automatically cancel an app-store subscription. Except where required by law, by these Terms, or by the app store's refund rules, payments are non-refundable, including for partial periods.

Free trials and promotions. If a trial converts to a paid subscription, the conversion terms and price will be shown before enrollment. Cancel before the deadline shown by the app store to avoid renewal. Promotions may be limited by account, region, eligibility, plan, time, or other disclosed conditions. We do not set individualized prices based on protected characteristics such as race, religion, sex, sexual orientation, gender identity, or disability.

Ads and rewards. The free plan may show ads. Some ads may be optional rewarded ads that unlock limited benefits. Rewards and in-app benefits are personal, non-transferable, revocable licenses with no cash value and may expire or end when the feature or account ends. Privacy choices relating to personalized ads are explained in the Privacy Policy.

Reversed payments and fraud. If a purchase is reversed or refunded by the app store, we may remove the corresponding benefit. We may suspend or close accounts involved in payment fraud.

State-specific purchase and cancellation rights

You may have nonwaivable cancellation, renewal, refund, death, disability, relocation, or contract-notice rights under the law of your state. We will honor applicable rights. Any state-specific notice shown to you before purchase or renewal is incorporated into these Terms and controls if it gives you a more favorable right. State law may also require that a particular notice appear in the purchase flow rather than only in this document.

To exercise a legal cancellation or refund right directly with us when permitted, contact us at thecounseldating@gmail.com or by mail at 502 W 7th St, Ste 100, Erie, PA 16502-1333. Include the email address associated with your account and enough information for us to identify the purchase. If the app store controls the transaction or refund, we may direct or assist you to use the app store process.

New York residents

Every covered sale or renewal to a New York purchaser will provide a clear and conspicuous separate notice or appropriately labeled hyperlink to the Dating Service Consumer Bill of Rights, published at /dating-bill-of-rights.

You may place a paid membership on hold for up to one year by written notice, and we may mutually agree to a longer hold not exceeding two years where New York law applies.

If The Counsel is an online dating service with search, algorithmic, or location-based matching and we do not provide you any social referral or possible match for two or more successive months, New York law may allow you to cancel. Any cancellation fee will be calculated as New York law requires, including the greater of 15% of the cash price or a lawful pro rata amount based on referrals furnished, where applicable.

We will not sell, assign, or otherwise transfer personal or private material acquired from a New York purchaser except with the consent or other authorization permitted by law and as disclosed in our Privacy Policy. At the end of covered services, we will delete or otherwise handle that information as required by New York law, subject to legally permitted retention such as law, regulation, or court order.

If you permanently move outside an area where the Service is offered, contact us. We will apply our fair and reasonable relocation policy and any refund right required by applicable New York law.

NEW YORK NOTICE OF CANCELLATION. If New York General Business Law § 394-c applies to your purchase, you may cancel the contract without a cancellation fee within three business days after your physical or electronic receipt of the written contract. The purchase flow will provide the legally required completed Notice of Cancellation form and the address or email to use. Any payment due back under that right will be returned within the time required by law.

13. Our rights in the Service

The Service, including its software, design, branding, interfaces, logos, and The Counsel name, is owned by us or our licensors. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Service for its intended personal purpose.

Except where law permits otherwise, you may not copy, modify, distribute, sell, lease, reverse engineer, extract source code from, bypass technical restrictions on, or create derivative commercial products from the Service. Open-source components remain subject to their own licenses. The app may update automatically. Beta or preview features may be modified or discontinued without notice.

14. Ending your account

You can delete your account through Settings > Manage account or the account-deletion page on our website. Deletion removes ordinary member-facing account data and begins the retention and deletion process described in the Privacy Policy.

We may suspend or close an account under Section 10 or discontinue the Service. Where required, we will provide reasonable notice. If we close an account without cause, we will provide any refund required by law or available through the app store. If we close an account because of a material violation of these Terms, purchases are non-refundable except where law requires otherwise.

After an account ends, we are not required to retain information except as described in the Privacy Policy or required by law. Sections concerning retained-content licenses, reviews, safety, moderation, payments/refunds, disclaimers, liability, disputes, and general provisions survive to the extent necessary to give them effect.

15. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT MATCHES, RATINGS, SCORES, BADGES, CHECKS, DISTANCES, OR AI OUTPUTS ARE ACCURATE; OR THAT ANY MEMBER IS WHO THEY CLAIM TO BE. WE DO NOT GUARANTEE THE CONDUCT OF MEMBERS OR THIRD-PARTY SERVICES. SOME JURISDICTIONS DO NOT ALLOW SOME DISCLAIMERS, SO THEY APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

16. Limits on liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COUNSEL AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST USE, OR LOST GOODWILL ARISING FROM THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100, UNLESS APPLICABLE LAW REQUIRES A HIGHER NONWAIVABLE AMOUNT.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for our fraud, willful misconduct, or other liability that applicable law makes nonwaivable. New Jersey and other state-specific consumer rights remain protected to the extent required by law.

Release. To the extent permitted by law, you release The Counsel and its members, managers, employees, and agents from claims arising solely out of disputes between you and another member or person you meet through the Service, except claims based on our own actionable conduct or claims that law does not permit you to release. California residents waive California Civil Code § 1542 only to the extent that such waiver is lawful and applicable to the released third-party dispute claims.

Indemnity. To the extent permitted by law, you agree to defend, indemnify, and hold harmless The Counsel and its members, managers, employees, and agents from third-party claims, losses, liabilities, costs, and reasonable attorneys' fees arising from your unlawful content, intentional misuse of the Service, violation of another person's rights, or material breach of these Terms. We may assume control of the defense of a covered claim, and you agree to reasonably cooperate. This indemnity does not require you to indemnify us for our own fraud, gross negligence, willful misconduct, or other conduct that law does not permit us to shift to you.

17. Disputes and arbitration

Please read this section carefully. It affects legal rights. Unless you timely opt out, you and The Counsel agree to resolve most disputes through individual binding arbitration rather than a jury trial or class action, subject to the exceptions below.

Informal resolution first

Before starting arbitration or a court case, the claimant must send a written notice of dispute. Notices to us may be emailed to thecounseldating@gmail.com with the subject “Dispute notice” or mailed to 502 W 7th St, Ste 100, Erie, PA 16502-1333. We may send our notice to the email address associated with your account. The notice should identify the claimant, describe the dispute and requested relief, and provide enough information for meaningful evaluation. Each notice must concern one person unless the parties agree otherwise.

For 60 days after a complete notice is received, both sides will attempt in good faith to resolve the dispute informally. If either side reasonably requests an individual telephone or video conference, the claimant will participate personally and may have counsel attend. Applicable limitation periods and filing-fee deadlines are tolled during this 60-day period to the extent permitted by law. Settlement communications are treated as settlement discussions subject to applicable privilege and evidence rules.

Agreement to arbitrate

If the dispute is not resolved, any claim or controversy arising out of or relating to these Terms, the Service, or your relationship with The Counsel will be resolved by final and binding individual arbitration, except for the exceptions below. The Federal Arbitration Act governs the arbitration agreement.

Rules and procedure

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules in effect when the claim is filed, as modified by this section. If AAA is unavailable or declines the matter, the parties will attempt to agree on another provider; otherwise, a court of competent jurisdiction may appoint an administrator or arbitrator.

A single neutral arbitrator who is a retired judge or attorney with substantial relevant experience will decide the dispute. The arbitrator decides arbitrability issues except that a court decides whether this arbitration agreement was validly formed, whether a timely opt-out occurred, whether the class-action or mass-arbitration provisions are enforceable, and requests for public injunctive relief where law requires judicial determination.

For claims of $25,000 or less, the arbitrator may decide the matter on written submissions unless a party requests a hearing or the arbitrator determines one is appropriate. A hearing may occur remotely or, if required or requested under applicable rules, in the county where you live or another mutually agreed location.

The arbitrator may award the same individual relief a court could award under applicable law, but only to the extent necessary to resolve the individual claimant's claim. The arbitrator will issue a written decision sufficient to explain the essential findings and conclusions when required by the applicable rules or law.

Costs

Arbitration fees are allocated under the AAA Consumer Arbitration Rules and applicable law. For non-frivolous individual claims of $10,000 or less, The Counsel will pay filing, administration, and arbitrator fees that the consumer would otherwise be required to pay beyond any lawful consumer filing amount. Each side bears its own attorneys' fees unless applicable law or an award permits otherwise. We will not seek our attorneys' fees from a consumer unless the arbitrator finds the claim frivolous or brought for an improper purpose and applicable law permits such an award.

No class actions and no jury

YOU AND THE COUNSEL MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT APPLICABLE LAW MAKES SUCH A WAIVER UNENFORCEABLE. YOU AND WE WAIVE A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

If a court determines that this waiver is unenforceable for a particular claim or form of relief, that claim or relief will be severed and proceed in court after arbitrable individual claims are resolved, unless applicable law requires a different sequence.

Coordinated or mass arbitration

If 25 or more substantially similar arbitration demands are filed against the same party with the assistance of the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules apply. The parties will use staged test cases, mediation, and administratively efficient batching to the extent permitted by AAA rules and applicable law. No batching process changes the individual nature of each claimant's claim or eliminates substantive rights. Any process-specific dispute may be decided by an administrative arbitrator or court as the applicable rules and law provide.

Exceptions

Opting out

You may opt out of this arbitration agreement within 30 days after first accepting these Terms by emailing thecounseldating@gmail.com with the subject “Arbitration opt-out.” Include your legal name, mailing address, account email, and a clear statement that you opt out. You must send the opt-out for yourself. If you had an account before this arbitration provision was introduced, your 30-day period begins when you are asked to accept the version that first contains it. A valid opt-out remains effective for later versions unless you later expressly agree otherwise.

Changes to arbitration

A material change to this arbitration section does not apply to a dispute for which either party already provided a dispute notice before the change. If we make a material change, we will provide notice and any rejection right required by applicable law. A later amendment does not revive an expired opt-out period for unchanged provisions unless law requires it.

Governing law and courts

The Federal Arbitration Act governs this arbitration agreement. Subject to nonwaivable consumer-protection law, Pennsylvania law governs these Terms without regard to conflict-of-law principles. A claim that is not arbitrated may be brought in the state or federal courts with jurisdiction in Erie County, Pennsylvania, except where applicable law permits or requires suit elsewhere. Claims must be brought within the limitation period provided by applicable law; these Terms do not shorten a nonwaivable statutory limitation period.

If any part of this arbitration section is unenforceable, it will be severed to the minimum extent necessary while the remainder remains effective, unless the invalid provision is essential to the arbitration agreement as a whole.

18. App store terms

Apple App Store

If you obtained the app through Apple, these Terms are between you and The Counsel, not Apple. We, not Apple, are responsible for the app and its content. Your license is limited to Apple-branded products you own or control as permitted by the App Store usage rules. Apple has no obligation to provide maintenance or support. To the extent required by Apple's standard terms, Apple may refund the purchase price of the app, if any, for a failure to conform to an applicable warranty, and Apple has no other warranty obligation. We, not Apple, are responsible for claims relating to the app, including product-liability, regulatory, consumer-protection, privacy, and intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it as permitted by law.

Google Play

If you obtained the app through Google Play, Google Play's applicable terms and policies also apply. The Counsel, not Google, remains responsible for the Service except to the extent Google's terms state otherwise.

You must comply with third-party terms that apply to your device, wireless service, app store, payment method, maps, or other third-party services used with the app.

19. General

Changes. We may update these Terms. For a material change, we will provide advance notice where reasonably practicable and request renewed acceptance when required. A materially changed term will not retroactively alter a dispute that arose before the change except to the extent law permits and Section 17 specifically provides.

Notices and electronic communications. We may send legal and account notices by email, push notification, in-product message, or another method permitted by law. You consent to receive agreements and notices electronically, subject to any nonwaivable paper-delivery right.

Events beyond our control. We are not responsible for delay or failure caused by events outside our reasonable control, such as third-party outages, natural disasters, war, labor disputes, government action, or widespread network failure.

Third-party services. The Service relies on app stores, Google services, maps, the sign-in provider you choose (Google, Apple, or Facebook), and other third parties. Their terms and privacy practices may apply separately. Our Privacy Policy identifies material service providers and advertising partners.

Relationship. These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship. Third-party beneficiaries exist only where these Terms expressly identify them or applicable law requires it.

Severability and waiver. If a provision is unenforceable, it will be modified or severed to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver of future enforcement.

Assignment. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets, subject to applicable law and the Privacy Policy. You may not assign your account or these Terms without our written consent.

Entire agreement. These Terms, the Privacy Policy, Consumer Health Data Privacy Policy, Online Dating Safety Policy, state-specific purchase notices, feature-specific terms, and plan terms shown at purchase form the agreement between you and The Counsel regarding the Service.

California notice. California Civil Code § 1789.3 may entitle California users to specific consumer-assistance information. The Service is provided by The Counsel Social LLC, 502 W 7th St, Ste 100, Erie, PA 16502-1333. Prices for paid plans are shown before purchase. Questions or complaints may be sent to thecounseldating@gmail.com. California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, using the current contact information published by that agency.

Contact: thecounseldating@gmail.com | The Counsel Social LLC, 502 W 7th St, Ste 100, Erie, PA 16502-1333