Welcome to Faithfully. Faithfully is operated by HotClub Dating Inc., a corporation doing business as Faithfully ("Company," "we," "our," "us"). These Terms & Conditions ("Terms") form a legally binding agreement between you and HotClub Dating Inc. d/b/a Faithfully regarding your use of the Faithfully mobile application, website, payment services, and related products (the "Service"). By creating an account or using Faithfully, you affirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree, do not use the Service.

1. Nature of Service & Legal Scope

Faithfully provides digital tools for couples, partners, and other parties to draft and manage agreements involving relationship accountability, infidelity clauses, financial saving arrangements, shared contributions, loans, leases, borrowed property, services, promissory notes, financial support, and other personal commitments. Faithfully facilitates document creation and payment routing, but is not a law firm and does not provide legal advice or enforce agreement outcomes.

You understand and agree that:

• Faithfully is a platform, not a party to user agreements.

• Enforceability of a contract may require independent legal review.

• Any decisions made based on the platform are at your own risk.

2. Eligibility

You must:

• Be 18 years or older, and legally competent to enter contracts.

• Be a resident of the United States with a U.S. bank account. The Service is currently available only in the United States.

• Use your legal identity and accurate financial information.

  
  

We may refuse, restrict, or terminate accounts at our discretion.

3. Account Responsibility

You are responsible for:

• Account confidentiality

• Device and login security

• Activities performed under your credentials

You must notify support immediately of unauthorized access.

4. Financial Services, Contributions & Transactions

Payments, deposits, and financial transfers are handled by third-party licensed processors, including Stripe and its banking partners. Faithfully does not hold, retain, or take custody of user funds, and is not a bank, lender, broker, escrow agent, money transmitter, or investment advisor. Funds move from the paying party to the receiving party; Faithfully collects only the disclosed fees below.

Users agree that:

• Transfer delays may occur due to banks or compliance review.

• Reversals, disputes, or chargebacks may suspend access.

• Contributions toward agreements may trigger contract rules (for example, early withdrawal may terminate an agreement depending on user-set terms).

4.1 Activation Fee

A flat $10.00 activation fee is charged once, at the time an agreement is activated, for all agreement types. This fee covers the generation and electronic execution of your agreement documents. It is charged a single time per agreement and is not refundable once the agreement has been activated.

4.2 Transaction Fee

A 1.5% transaction fee, with a minimum of $1.50, is applied to each payment processed through the platform under an agreement. This fee is calculated on the payment amount and is charged on each scheduled or manual payment.

4.3 Returned Payment Fee

If your bank returns or rejects a debit — for example for insufficient funds, a closed account, or a stop-payment order — a returned payment fee of up to $15.00 may be assessed to the paying party. Where the law of your state sets a lower maximum for returned-payment charges, the lower statutory amount applies.

4.4 Monthly Minimum Platform Fee

Users who receive payments through the platform may be charged a monthly minimum platform fee of up to $2.50. This fee is assessed only as a shortfall: if the transaction fees already collected from your agreements during that month equal or exceed $2.50, no minimum fee is charged. It is assessed at most once per recipient per month, is grouped across all of your agreements, and does not begin until after an initial grace period following your first agreement activation.

4.5 Claims Fees

When a claim is filed against another party, a platform fee of 1.5% of the claim amount (minimum $1.50) is charged to the claimant. If the claim is approved, this fee is deducted from the awarded amount.

4.6 Payment Processing and ACH Authorization

Payments under agreements are processed by ACH bank debit through Stripe. By adding a bank account and activating or accepting an agreement, you authorize Faithfully and its payment processor to debit your account for the amounts and on the schedule set out in that agreement, and for the fees described in this Section 4. This authorization remains in effect until the agreement concludes or you revoke it, and revocation does not discharge amounts you already owe under an agreement.

Standard payment processing fees charged by Stripe are separate from Faithfully's platform fees. By using the Service, you agree to Stripe's terms of service.

4.7 Payouts

To receive payouts, you must set up a Stripe Connect account and link a bank account. Payouts are subject to Stripe's processing times and requirements. Faithfully does not charge additional fees for standard payouts.

4.8 Refunds

Fees are generally non-refundable except as required by law or as described in our Refund Policy. Where a payment is collected from you but cannot be delivered to the receiving party, the amount is automatically refunded to you, because Faithfully does not hold funds.

5. Agreement Creation Execution

5.1 Electronic Signatures and E-SIGN Consent

Agreements created through the Service are signed electronically by both parties. By signing, you consent to conduct this transaction electronically under the federal E-SIGN Act and applicable state law, and you agree that your electronic signature has the same legal effect as a handwritten one. You may request a paper copy of any executed agreement by contacting support, and you may withdraw consent to electronic records prospectively, though doing so may prevent further use of the Service.

You acknowledge that you have read, understood, and agree to the terms of each specific agreement you sign.

5.2 Binding Nature

Agreements created and signed through the Service are intended to be binding between the parties. Faithfully provides the platform and tools for creating and managing agreements but does not provide legal advice. You are encouraged to consult a licensed attorney regarding the enforceability of any agreement.

5.3 Agreement Modifications

Once an agreement is signed and activated, modifications require the consent of both parties. Any proposed changes will be sent to the other party for review and approval.

6. Claims and Dispute Resolution

6.1 Filing a Claim

Either party to an agreement may file a claim if they believe the other party has violated the terms of that agreement. Claims must include supporting evidence.

6.2 Response Period

The responding party has a designated period to respond to the claim with counter-evidence or to accept the claim.

6.3 Review

Claims may be reviewed with the assistance of automated analysis of the evidence both parties provide. Contested, unclear, or flagged claims are escalated to manual review by Faithfully administrators before any amount is charged.

6.4 Claim Resolution

If a claim is approved, the owed amount, less applicable platform fees, is transferred to the claimant. If a claim is denied, no funds are transferred. Faithfully's claim resolution is a contractual facilitation service. It is not arbitration, mediation, or a legal adjudication of fault, and it does not produce a judgment. It applies the terms you both already agreed to. Nothing in this Section limits either party's right to pursue remedies outside the platform.

7. AI Decision & Analysis Disclaimer

Faithfully may use artificial intelligence to assist with claims, communication templates, contract drafting, or recommendations.

You acknowledge:

• AI outputs may be inaccurate, incomplete, or subjective.

• AI does not determine guilt, fault, wrongdoing, or truth.

• AI must not replace legal, financial, or therapeutic advice.

Users take responsibility for decisions influenced by AI assistance.

8. Evidence & Claims

Users may submit evidence such as photos, messages, audio, and notes.

You agree and warrant that:

• You own or have the right to upload submitted materials.

• Evidence does not violate privacy, consent, or defamation laws.

• You assume legal responsibility for uploaded content.

Faithfully does not verify the authenticity of submitted evidence and makes no representation that any evidence is genuine. Our review under Section 6 applies your agreement's terms to the materials provided; it is not a forensic investigation and is not a determination of legal fault.

9. Cancellation and Termination

9.1 Agreement Cancellation

Either party may request cancellation of an agreement. Cancellation requests are subject to the terms of the specific agreement and may involve refunds or penalties as specified in that agreement.

9.2 Account Deletion

You may request deletion of your account at any time. Account deletion is subject to the completion or termination of all active agreements. Upon deletion, your personal data will be handled in accordance with our Privacy Policy.

9.3 Termination by Faithfully

Faithfully reserves the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the Service in a manner that could harm other users or the platform.

10. Tax Reporting

Faithfully is required to report certain payment information to the IRS. Depending on the nature and amount of payments you receive through the platform in a calendar year, Faithfully may issue a Form 1099-K or Form 1099-MISC, generally where you receive $600 or more in aggregate reportable payments. You are solely responsible for reporting and paying any applicable taxes on income received through the Service. You must provide accurate taxpayer information when requested; failure to do so may result in withholding or suspension of payouts.

11. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the property of HotClub Dating Inc. d/b/a Faithfully and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Service without prior written consent.

12. User Conduct

Users may not:

• Harass, abuse, defame, impersonate, or threaten others
• Upload explicit or non-consensual content
• Use Faithfully for fraud, scams, or unlawful agreements
• Exploit platform for extortion or coercive behavior

Violation may result in immediate suspension.

13. Disclaimer of Warranties

Users may not:

• Harass, abuse, defame, impersonate, or threaten others

• Upload explicit or non-consensual content

• Use Faithfully for fraud, scams, or unlawful agreements

• Exploit the platform for extortion or coercive behavior

Violation may result in immediate suspension.

14. Limitation of Liability

To the maximum extent permitted by law, Faithfully is not liable for:

• Relationship outcomes

• Emotional or financial loss

• Lost savings or investments

• Data loss or service interruptions

• Damages from decisions made using the platform

• The acts, omissions, or non-performance of any other user

Maximum liability is limited to the amount you paid to Faithfully in the twelve months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless HotClub Dating Inc. d/b/a Faithfully, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

16. Arbitration & Dispute Resolution

Please read this section carefully. It affects your legal rights.

Any dispute between you and Faithfully arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as stated below.

• No class actions. Disputes must be brought individually. You and Faithfully waive any right to participate in a class, collective, or representative action.

• Jury trial waiver. You and Faithfully waive the right to a jury trial.

• Venue. Arbitration will be seated in Orange County, California, or conducted remotely at your election.

• Small claims exception. Either party may bring an individual claim in small claims court if it qualifies.

• Injunctive relief exception. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

• Opt out. You may opt out of this arbitration agreement by emailing support@faithfullyapp.com within 30 days of first accepting these Terms, stating your name and that you are opting out. Opting out does not affect any other part of these Terms.

This Section governs disputes between you and Faithfully. It does not apply to disputes between you and another user about an agreement you made with them. Those are governed by the agreement itself and by Section 6.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. Where arbitration does not apply, the state and federal courts located in Orange County, California have exclusive jurisdiction.

18. Modification of Terms

Terms may be updated periodically. Continued use constitutes acceptance. Notice may be sent via email or in-app. Where a change materially affects your rights, we will provide notice before it takes effect.

19. Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.

20. Contact

HotClub Dating Inc. d/b/a Faithfully
1921 Union St Unit 3019
Anaheim, CA 92805

Email: support@faithfullyapp.com