Additional Terms and Conditions for eHarmony Premium Services
The following are specific Terms and Conditions that apply to the Premium Services offered by eHarmony ("PS Terms"). The PS Terms are intended to complement and not replace the general Terms and Conditions on the website.
You agree that we may suspend or terminate your access to any of the Premium Services below or your use of it at any time, for any or no reason, without warning or notice. We reserve the right not to provide you with any of the Premium Services offered by eHarmony if we reasonably believe that doing so may expose us to liability, in which case we may provide you with a full or partial refund as appropriate.
Any and all terms that are only addressed in the general eHarmony Terms and Conditions (the “Agreement”) will be incorporated by reference into the PS Terms. All Premium Service purchases or subscriptions may be cancelled, without any penalty or obligation, prior to midnight of the third business day after the date of purchase or subscription of the relevant Premium Service, in accordance with the 3-Day Cancellation section of the Agreement. The following sections in the Agreement, without limitation, will also be applicable to eHarmony’s third-party vendors: Disclaimer of Warranty, Limitation of Liability and Indemnification. In the event of a conflict between the Agreement and the PS Terms or the terms and conditions of any third-party vendor, the Agreement shall control.
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The PS Terms are subject to change by eHarmony in its sole discretion, at any time, with or without notice. Your continued use of any of the Premium Services after the posting of revisions to the PS Terms will constitute your acceptance of such revisions. By using any of the Premium Services listed below, you hereby agree to the PS Terms.
- SECURE CALL®
- EHARMONY PROFILE ADVISOR™
- PREMIUM PERSONALITY PROFILE
The RelyID service is an identity authentication service operated by RelyID, Inc. and provided to you through eHarmony’s website. eHarmony and RelyID (collectively “we” or “us”) require you to agree to the terms below before we will provide you with the RelyID service (whether a-la-carte or as part of the TotalConnect bundled package).
- Truthful Information. You agree that you will only enter information into the RelyID service that is truthful and is about yourself.
- Legal Use. You agree to use the RelyID service only in accordance with applicable laws and only for lawful purposes. You agree not to access, use, or affect the RelyID service in any way that would interfere with its performance or its availability to or use by other users. You agree not to use the RelyID service in any way that would harass, embarrass, or interfere with the privacy of anyone.
- Authority to Use and Disclose Information. By providing us any information using the RelyID service, you agree that RelyID and its subcontractors and corporate affiliates may (a) use the information to provide the RelyID service, (b) analyze the performance of the RelyID service and other services that support it, (c) disclose the information to subcontractors and corporate affiliates, (d) disclose the information as required by law, and (e) disclose the information to the person whose identity is being authenticated (which should be you).
- Refunds. We incur costs to provide you the RelyID service even if the RelyID service is unable to authenticate your identity. Therefore, in addition to our general refund policy in the Agreement, you agree that we will not refund the fee for the RelyID service at any time after you have taken the RelyID verification test, whether or not RelyID is able to authenticate your identity. You further acknowledge that if you fail the online portion of the RelyID identification inquiries twice, then your identification verification may only be completed manually by contacting RelyID, as instructed by RelyID in its verification procedures.
- Entire Agreement. For your relationship with RelyID, you agree that (a) these terms are the entire agreement between you and RelyID, (b) they replace all other communications between you and RelyID, and (c) RelyID may change these terms by posting the changes on the website http://www.relyid.com. You agree that you can file any legal claims against RelyID only in the courts of Dallas, Texas; you agree that RelyID can file any legal claims against you in the courts of Dallas, Texas.
- A-La-Carte. If you have purchased RelyID on an a-la-carte or individual basis: (a) you must take the RelyID verification test within 30 days of the date of purchase, and (b) your RelyID badge will remain on your profile until the earlier of 1 year after your validation date or until your account is otherwise terminated. If you fail to take the RelyID verification test within 30 days of the date of purchase, eHarmony may terminate your access to RelyID.
- Public Data. You agree that RelyID uses public data to verify your identity. If any information provided to RelyID is inaccurate (e.g. providing the nickname “Joe” instead of legal name “Joseph”), you agree that RelyID may be unable to authenticate your identity.
- TotalConnect. If you purchase the bundled product offered by eHarmony, which is currently called eHarmony TotalConnect, the following terms will also apply to you:
- The RelyID portion of your TotalConnect subscription commences on your date of purchase of the subscription, and you must take the verification test before your subscription expires.
- You may change your address a maximum number of times per year based on the subscription plan you have purchased, as set forth below. Each address change resets your status and enables you to take the RelyID test again:
- 12 month subscription = 3 address changes over 12 months
- 6 month subscription = 2 address changes over 6 months
- 3 month subscription = 1 address change over 3 months
- 1 month subscription = 1 address change per month
- As a TotalConnect subscriber, you may take the RelyID verification test at any time during your subscription, and if you receive a RelyID badge, it will remain on your profile for as long as your subscription is current. If your subscription to eHarmony’s services (including renewals and extensions) expires or is otherwise terminated after 1 year, your RelyID badge will also expire or terminate along with your subscription (unless you decide to purchase the RelyID product separately thereafter).
2. SECURE CALL®.
The Secure Call® service is an eHarmony private calling service operated by Twilio, Inc. (“Twilio”) and provided to you through the eHarmony website. Using Secure Call, you can speak with your match using your landline or mobile telephone while not sharing your personal telephone number with your match. eHarmony and Twilio (collectively “we” or “us”) require you to Twilio’s Acceptable Use Policy at http://www.twilio.com/legal/aup (the “AUP”) and agree to the terms below before we will provide you with the Secure Call service (whether a-la-carte or as part of the TotalConnect bundled package):
- License. You are hereby granted a limited, personal, non-assignable license to use the Secure Call service, for the sole purpose of personally using the Secure Call service.
- Use of Secure Call. You acknowledge and represent that you have all rights necessary to provide the phone number(s) you provided to us to use Secure Call. You agree you will not use the Secure Call services for any purpose that is unlawful or prohibited by this Agreement or the general Terms and Conditions of the eHarmony website. You agree not to access, use, or affect the Secure Call service in any way that would interfere with its performance or its availability to or use by other users. You agree not to use the Secure Call service in any way that would harass, embarrass, or interfere with the privacy of anyone.
- Right to Disclose. We reserve the right at all times to disclose any information regarding the usage of Secure Call we deem necessary to (a) ensure your compliance with this Agreement; (b) satisfy any applicable law, regulation or legal process; or (c) protect the rights, property, and interests of us, our employees or the public.
- Right to Add Features. Twilio, in its sole discretion and without prior notice, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Secure Call. This may result in Secure Call being temporarily unavailable.
- Refunds. In addition to our general refund policies, you agree that we will not refund you after your first use of the Secure Call service.
- Geographic Limitation. You agree that Secure Call may only be used in the following manner:
- eHarmony US users may only use Secure Call to contact other eHarmony US users and eHarmony Canada users.
- eHarmony Canada users may only use Secure Call to contact other eHarmony Canada users and eHarmony US users.
- eHarmony UK users may only use Secure Call to contact other eHarmony UK users.
- eHarmony Australia users may only use Secure Call to contact other eHarmony Australia users.
- Roaming Charges. In addition to the fee associated with your use of Secure Call, you will pay any additional charges incurred if you connect to the Secure Call services while you are in a country that is not the country associated with your fixed net or mobile phone carrier (“Roaming Charges”). Roaming Charges are charged in addition to any fees you may incur by your mobile phone carrier when connecting to Secure Call from another country.
- Ownership. Twilio retains the sole and exclusive ownership of all right, title and interest in the products and software offered via eHarmony’s Secure Call service and any of the related intellectual property rights relating thereto.
- Entire Agreement. For your relationship with Twilio, the terms and conditions of this Agreement constitute the entire agreement between you and Twilio with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
- Effective Date. This Agreement will be effective as of the date on which you purchase the Secure Call service and will remain effective until terminated by either us or you as set forth below.
- Access to Secure Call, Fees and Call Time Limits. Regardless of how you purchased the Secure Call service (as an a-la-carte service or as part of a bundle currently called TotalConnect): (a) your access to the Secure Call service will expire upon the expiration or termination of your subscription to the eHarmony services; (b) your mobile phone or home phone service provider may still charge you any applicable usage or per-minute fees in addition to the amounts you pay for the service; and (c) your use of the Secure Call service is subject to the following call time limits:
- 120 minutes per day,
- 300 minutes per week, and
- 1000 minute per month.
3. EHARMONY PROFILE ADVISOR™
- Use of Information. Due to the nature of the Service, eHarmony must rely on information provided by users in connection to their profiles. You agree to provide us with any information we may require in order to offer you the Service. You hereby grant eHarmony a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely in connection with your profile on eHarmony’s website(s).
- Service Restrictions. Once your updated profile that is the final result of the Services is posted, the Service will be deemed fully rendered. The foregoing includes if you post any part of such updated profile to your account before the Service has been finalized. Further, any photo critique features that may be offered as part of the Service will be limited to critique and comments on the submitted photos, and no editing or other modifications will be rendered.
- E-Mail Delivery. All items purchased in connection with the Service are sent through e-mail. You may not use a false e-mail address or otherwise impersonate any person or entity. We will make every effort to deliver your order to you on time to your e-mail address, but we cannot be responsible for technical difficulties related to the checking of your personal e-mail account. We will seek to send your order to another e-mail account specified by you if you encounter e-mail difficulties.
- Your Cooperation. Because we have to rely on your input to complete the Service, you agree that you will (a) respond within 30 days to the questions that we will send you in order to offer you the Services, and/or (b) approve or comment on a completed profile within 14 days after a such profile is sent to you (your posting of the completed profile will be deemed an acceptance). If you do not respond to our submission of your edited profile within 14 days, eHarmony will post your edited profile and deem the Profile Advisor service rendered. Your failure to respond within these timelines, or the closure of your eHarmony account, will mean that the Services have been fully rendered.
- Representations. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you write and supply to us; (ii) that the content is truthful and accurate; and (iii) that use of the content you supply does not violate this agreement or any third party’s intellectual property or other proprietary rights. You further represent that the content you supply to us will not be unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You will indemnify eHarmony for all claims resulting from content you supply in connection with the Service.
4. PREMIUM PERSONALITY PROFILE
- Access to PPP. If you have purchased PPP on an a-la-carte or individual basis, you will have access to the PPP and its results for as long as your account remains open.
- TotalConnect. If you have purchased PPP as part of the bundled product offered by eHarmony, which is currently called eHarmony TotalConnect, your access to and the right to use the PPP and its results expire upon the expiration or termination of your subscription to eHarmony’s services (including renewals and extensions).
- Access to Service. As we rely on your input to provide your PPP results, you agree to complete the PPP and all the questions therein within 30 days from your date of purchase. If the PPP questionnaire is not completed within 30 days from your date of purchase, we may deny future access to the service.