Terms of Service

Effective Date: July 21, 2026

These Terms of Service ("Terms") are a binding agreement between you and Actually Mobile Software, LLC, a Montana limited liability company located at 3772 Last Best Pl, Missoula, MT 59808 ("Actually," "we," "us," or "our"). They govern your access to and use of Actually, our video-first dating app and related services (the "Service"). By creating an account, tapping to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 17 carefully. It requires most disputes to be resolved through individual arbitration and includes a class-action and jury-trial waiver, unless you timely opt out.

1. Eligibility and Your Representations

You may use Actually only if every statement below is true:

• You are at least 18 years old and legally able to enter into this agreement.
• You are located in the United States, where the Service is currently offered.
• You maintain only one account, for yourself, and use it only for personal, non-commercial purposes.
• You have not been convicted of, or pleaded guilty or no contest to, a felony or other offense involving violence, threatened violence, sexual misconduct, stalking, harassment, or fraud, except to the extent a restriction based on that history is prohibited by applicable law.
• You are not required to register as a sex offender with any state, federal, or local authority.
• We have not previously removed you from Actually, unless we gave you written permission to create a new account.
• You are not prohibited from using the Service under applicable law and are not on a U.S. government list of prohibited or restricted parties.

If any statement becomes untrue, you must stop using Actually and delete your account. We may request information reasonably necessary to confirm eligibility, but doing so does not create a duty to screen or continuously monitor members.

2. Your Account

You access your account using a phone number verified by a one-time SMS passcode. Message and data rates may apply. You must provide accurate, current information, keep control of your phone number and device, and promptly notify us at admin@actually.dating if you believe someone has accessed your account. You are responsible for activity under your account to the extent permitted by law. You may not sell, transfer, share, or allow another person to use it.

3. Your Content and the License You Give Us

"Your Content" means the videos, audio, photos, prompt answers, profile details, messages, reports, and other material you submit through Actually. You retain ownership of Your Content. You represent that you have all rights and permissions needed to submit it; that profile photos and videos depict you; and that Your Content and our permitted use of it do not violate law or anyone else's privacy, publicity, copyright, trademark, or other rights.

You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, format, adapt for technical purposes, transmit, display, and otherwise process Your Content only as reasonably necessary to operate, secure, moderate, and improve the Service, comply with law, and enforce these Terms. This includes showing your profile and videos to potential matches, delivering messages to their recipients, creating technical copies or thumbnails, and reviewing content connected to a report. We will not use Your Content in external advertising that identifies you without separate permission.

The license ends when Your Content is deleted from our active systems, except that it continues for content retained in routine backups until overwritten; content another member has lawfully saved or shared; and copies reasonably retained for safety, fraud prevention, legal compliance, or a dispute. The Privacy Policy explains deletion and retention in more detail.

4. Community Rules

You agree not to use Actually to:

• harass, threaten, bully, stalk, intimidate, exploit, or deceive anyone, or promote hate or violence;
• engage in or promote sexual assault, sexual harassment, trafficking, nonconsensual conduct, or any other unlawful or dangerous activity;
• impersonate another person, misrepresent your age or identity, or use photos or videos that do not depict you as your profile media;
• post nudity, pornography, graphic sexual content, sexualized images of minors, or nonconsensual intimate imagery in a profile, photo, or video;
• send unsolicited sexually explicit content or sexual messages, or continue sexual communication after another member objects. Consensual adult discussion in private messages is permitted only when it is lawful, welcome, and non-exploitative;
• solicit, advertise, buy, or sell sexual services; solicit money or financial information; run a romance scam; or use the Service for commercial, promotional, political, or fundraising activity;
• post unlawful, defamatory, infringing, malicious, or privacy-invasive content, or content that encourages self-harm or criminal conduct;
• collect or publish another person's private information without permission;
• access another member's account; scrape, harvest, crawl, or index the Service; use bots, automation, or unauthorized artificial intelligence; reverse engineer the app; evade access controls; introduce malware; or interfere with the Service; or
• help or encourage another person to violate these Terms.

We may remove content, limit distribution, warn a member, suspend or terminate an account, preserve relevant evidence, or report conduct to law enforcement when we reasonably believe action is warranted. We are not required to monitor all content and do not guarantee that every violation will be detected. Serious or repeated violations may result in a permanent ban without a refund, subject to applicable law.

5. Online Dating Safety Notice

Actually may, but is not required to, use available information or third-party services to review an account when permitted by law. Any review can be incomplete, inaccurate, or circumvented and is not a guarantee of safety. Our eligibility rules are member promises, not proof that a person has been screened.

There is no substitute for acting with caution when communicating with a stranger who wants to meet you. Anyone capable of identity theft may also falsify a dating profile. Follow these precautions:

• Do not put your last name, personal email, home address, phone number, workplace, financial information, or other identifying information in your profile or initial messages.
• Stop communicating with anyone who pressures you for personal or financial information, asks you to send money, or tries to move the conversation off-platform immediately. Never send money or financial credentials to another member.
• Before meeting, tell a friend or family member where you are going and when you expect to return. Meet in a busy public place, arrange your own transportation, do not agree to be picked up at home, keep control of food and drinks, and leave if you feel uncomfortable.
• Consent must be freely given, specific, informed, and ongoing. A person may withdraw consent at any time. Sexual conduct without consent is against our rules and may result in civil or criminal liability.
• Use the in-app block and report tools if someone behaves suspiciously or makes you feel unsafe. In an emergency, contact 911 or local law enforcement first.

6. Your Interactions and Assumption of Risk

You are solely responsible for evaluating and deciding whether and how to interact with another member. You understand that meeting or communicating with people you do not know carries risks, including deception, fraud, harassment, emotional distress, bodily injury, sexual assault, and other harm. To the fullest extent permitted by law, you knowingly assume the risks of your online and offline interactions with members. This does not waive any right or claim that cannot lawfully be waived, and it does not excuse our own conduct where liability cannot be excluded by law.

7. Premium Subscriptions

Actually may offer optional auto-renewing subscriptions ("Premium") through the Apple App Store or Google Play. The purchase screen will show the plan, billing period, features, full amount charged, and any trial or introductory terms before you subscribe.

• Automatic renewal. Your store account will be charged when you confirm the purchase and again at the beginning of each renewal period unless you cancel before renewal in the manner and timeframe shown by the store.
• Trials and introductory offers. If an offer converts to a paid subscription, the purchase screen will state its duration, the price after the offer, and when billing begins. Unless you cancel before conversion, the subscription will renew at the disclosed price.
• Cancellation. Manage or cancel through your Apple or Google account's subscription settings. Cancellation normally takes effect at the end of the paid billing period. Deleting the app or your Actually account does not cancel the store subscription.
• Refunds. Apple or Google handles payment and refund requests under its policies, except where applicable law requires otherwise. Canceling generally does not refund the current period, and access ordinarily continues until that period ends.
• Changes. We may change Premium features or prices prospectively. Store-required notice or consent will be provided before a price change applies to a renewal.

Premium is a license to use features, not the purchase of property. If we terminate your account for a serious or repeated violation, you may lose access without a refund to the extent permitted by law. Restore-purchase functionality and subscription information are available from account settings.

8. Our Intellectual Property and App License

Actually's software, visual design, logos, trademarks, text, and other materials—excluding Your Content and other members' content—are owned by us or our licensors and protected by law. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the app on devices you own or control for its intended, non-commercial purpose and as permitted by the applicable app store's usage rules. No other rights are granted.

9. Feedback

If you send suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you as its source without permission.

10. Copyright Complaints

If you believe content on Actually infringes your copyright, email admin@actually.dating with the subject "Copyright Notice" and include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification and location of the allegedly infringing material; (4) your name, mailing address, telephone number, and email; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the notice is accurate and you are the owner or authorized to act for the owner. Send written notices to: Copyright Agent, Actually Mobile Software, LLC, 3772 Last Best Pl, Missoula, MT 59808. We may remove material and terminate repeat infringers. Knowingly misrepresenting infringement may expose you to liability.

11. Third-Party Services

The Service may depend on or link to third-party services, including Apple, Google, Microsoft, mobile carriers, and websites outside our control. Their terms and privacy policies govern their services. You must comply with applicable third-party terms, including your wireless-data agreement and app-store terms. We are not responsible for third-party services except where applicable law provides otherwise.

12. Suspension, Termination, and Account Deletion

You may stop using Actually and delete your account in Settings at any time. We may investigate, suspend, restrict, or terminate access if we reasonably believe you violated these Terms, created risk or legal exposure, engaged in unsafe conduct online or offline, or misused the Service. We may also discontinue all or part of the Service after reasonable notice when practicable.

Termination does not cancel an app-store subscription. Sections that by their nature should survive will survive, including provisions concerning retained content, ownership, feedback, disclaimers, liability, indemnification, disputes, and general terms.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ACTUALLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ALWAYS AVAILABLE; THAT DEFECTS WILL BE CORRECTED; THAT A MEMBER'S INFORMATION IS ACCURATE; OR THAT YOU WILL FIND A MATCH OR ACHIEVE ANY PARTICULAR RESULT.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTUALLY AND ITS OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, USE, OR GOODWILL; OR DAMAGES ARISING FROM MEMBER CONDUCT, CONTENT, OR YOUR ONLINE OR OFFLINE INTERACTIONS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ACTUALLY AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID ACTUALLY THROUGH AN APP STORE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot legally be limited or excluded, including where applicable for intentional misconduct, fraud, gross negligence, or personal injury caused by our own conduct. Some jurisdictions do not allow particular limitations, so they apply only to the extent permitted in your jurisdiction.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Actually and its owners, managers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable legal fees arising from Your Content, your unlawful or willful misuse of the Service, your interactions with other members, or your material violation of these Terms or another person's rights. We may control the defense of a covered claim, and you agree to cooperate. This section does not require you to indemnify us for our own unlawful conduct.

16. Informal Dispute Resolution

Before filing arbitration or a lawsuit, the claimant must send an individual written notice describing the claimant's name and account phone number, the facts and legal basis of the dispute, the relief requested, and a good-faith calculation of any money requested. Send notice by email to admin@actually.dating with "Notice of Dispute" in the subject line, or by certified mail to Actually Mobile Software, LLC, Attn: Notice of Dispute, 3772 Last Best Pl, Missoula, MT 59808. The parties will attempt in good faith to resolve the dispute for 60 days after a complete notice is received. A limitations period is tolled during that 60-day period. This section does not prevent either party from seeking urgent relief where delay would cause irreparable harm.

17. Binding Individual Arbitration and Class-Action Waiver

Agreement to arbitrate. Except for the exclusions below, you and Actually agree that any dispute arising out of or relating to these Terms, the Service, your account, or your relationship with Actually will be resolved by final and binding individual arbitration, not in court. This agreement affects interstate commerce and is governed by the Federal Arbitration Act.

Excluded matters. Either party may bring an individual claim in small-claims court if it remains within that court's jurisdiction, and either party may seek temporary or preliminary injunctive relief in court to protect intellectual-property rights or prevent unauthorized access or abuse. At the election of the person alleging the conduct, this arbitration agreement and the class-action waiver do not apply to a case relating to a sexual-assault or sexual-harassment dispute to the extent provided by 9 U.S.C. § 402 or other applicable law.

Administrator and procedure. The American Arbitration Association ("AAA") will administer arbitration under its Consumer Arbitration Rules, as modified by these Terms. Rules are available at adr.org or by calling AAA. A single neutral arbitrator will decide the dispute. Unless the parties agree otherwise, a hearing may be held by telephone or video, or in the county where you live. Actually will pay arbitration fees it is required to pay under AAA's consumer rules or applicable law. You remain responsible for your attorneys' fees unless a law or award permits recovery.

Authority and remedies. The arbitrator may award the same individual relief a court could award and will issue a reasoned written decision. A court, not an arbitrator, will decide whether the class-action waiver is enforceable and whether 9 U.S.C. § 402 applies. Other questions about the scope, validity, or enforceability of this arbitration agreement are for the arbitrator, except where governing law requires a court to decide them.

No class or representative proceedings. YOU AND ACTUALLY AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER THE ARBITRATOR NOR A COURT MAY CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE OR CONDUCT A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, EXCEPT WITH THE WRITTEN AGREEMENT OF ALL PARTIES OR WHERE APPLICABLE LAW MAKES THIS WAIVER UNENFORCEABLE.

Jury-trial waiver. For disputes not resolved by arbitration, YOU AND ACTUALLY WAIVE A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

30-day right to opt out. You may opt out of this Section 17 by emailing admin@actually.dating within 30 days after you first accept these Terms. Use the subject "Arbitration Opt-Out" and include your full name, account phone number, and a clear statement that you opt out of arbitration. Opting out will not affect the other Terms or your ability to use Actually. An opt-out submitted for someone else is not effective.

If part of this Section 17 is invalid, it will be severed and the remainder enforced, except that if the prohibition on class or representative arbitration is invalid for a particular claim, that claim must proceed in court and not in arbitration.

18. Governing Law and Court Venue

Except for Section 17, which is governed by the Federal Arbitration Act, these Terms are governed by Montana law without regard to conflict-of-law principles. This choice does not deprive you of mandatory consumer protections of the state where you live. Any court proceeding permitted under these Terms must be brought in a state or federal court with jurisdiction in Missoula County, Montana, except that an eligible individual small-claims case may be brought where applicable law allows. You and Actually consent to those courts' personal jurisdiction.

19. App Store Terms

If you downloaded Actually from Apple's App Store, you and Actually acknowledge and agree that:

• these Terms are between you and Actually, not Apple, and Actually—not Apple—is responsible for the app and its content;
• your app license is non-transferable and permits use on Apple-branded products you own or control, as allowed by Apple's usage rules, including applicable Family Sharing or volume-purchase rules;
• Actually is responsible for maintenance and support; Apple has no obligation to provide either;
• if the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the app's purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation;
• Actually, not Apple, is responsible for claims relating to the app, including product-liability, legal-compliance, consumer-protection, privacy, or intellectual-property claims;
• you represent that you are not in a U.S.-embargoed or government-designated terrorist-supporting region and are not on a U.S. government restricted-party list;
• you must comply with applicable third-party terms when using the app; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these App Store terms against you after your acceptance.

Questions or claims about the app should be directed to Actually using the contact information in Section 23.

20. Changes to the Service or These Terms

We may change the Service and update these Terms. If a change is material, we will provide notice as required by law and identify when the updated Terms take effect. Changes do not apply retroactively unless permitted by law. If you do not agree to updated Terms, you must stop using the Service and delete your account. Your continued use after the effective date constitutes acceptance.

21. Electronic Communications

You agree to receive agreements, notices, disclosures, and other service communications electronically, including in the app, by email, or at the phone number connected to your account. Transactional SMS may include one-time passcodes. You may disable push notifications in device settings, but cannot opt out of communications necessary to secure your account, administer a transaction, or provide legally required notice.

22. General Terms

These Terms and the Privacy Policy are the entire agreement about the Service and supersede prior agreements on that subject. If a provision is unenforceable, it will be modified only as much as needed and the rest remains effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, sale, or by operation of law. No one other than you, Actually, and the Apple beneficiaries described in Section 19 has a right to enforce these Terms. Headings are for convenience only.

23. Contact Us

Actually Mobile Software, LLC
3772 Last Best Pl
Missoula, MT 59808
admin@actually.dating