Terms of Service

Duet provides online social networking and dating service. This agreement includes Duet's policy for acceptable use of the Duet services and content posted on the Duet website and app, your rights, obligations and restrictions regarding your use of the Duet services and Duet's Terms of Service. In order to participate in certain services provided by Duet, you (the user) may be notified that you are required to download software or content and/or agree to additional terms and conditions. Duet hereby specifically reminds you to carefully read these Terms of Service and all the schedules hereof (hereinafter collectively referred to as “Terms of Service” and/or "Agreement"), to ensure that you fully understand all provisions of the Agreement before you register yourself as a user. The additional terms and conditions applicable to the services provided by Duet in which you choose to participate are hereby incorporated into this Agreement. You may receive a copy of this agreement by emailing us at: support@duetapp.net, Subject: Terms of Use Agreement.

Duet, at its sole discretion, may modify this Agreement from time to time. Each such modification shall be effective and binding on you upon being posted on Duet's official website. For material changes (including changes affecting fees or billing, dispute resolution, or how we communicate with you), we will provide notice (for example, by email or in-app notice) at least 7 days before the effective date. If the changes affect SMS consent terms, opt-out mechanisms, or our SMS communication practices, we will also provide notice through SMS (where lawful) or another appropriate channel. Where the change includes a price increase or other material change to an automatic-renewal or continuous-service plan, we will send you a clear and conspicuous advance notice by email, in-app notification, or other appropriate means, that includes information on how to cancel. You agree that your use of services provided by Duet after any such modification is posted constitutes your consent and agreement to be bound by any changes to this Agreement. It is therefore important for you to review this Agreement regularly and ensure you are updated as to any changes.

Duet reserves the right, in its reasonable discretion, to reject, refuse to post or remove any posting (including private messages) by you that violates these Terms or Service, applicable law, or our policies, or to protect safety, security, or intellectual-property rights, or to restrict, suspend, or terminate your access to all or any part of the Duet services at any time where we reasonably believe a violation or risk exists, with or without prior notice, and without liability.

Duet exclusively reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Duet services if Duet determines, in its reasonable discretion, that you pose a threat to Duet and/or its members. Duet also reserves the right to change, alter or remove part of or all your added personal information. With duetapp.net using URL's as links to members personal profiles, Duet reserves the right to alter or remove this at any time for technical, security, privacy, legal, or anti-abuse reasons without further notification.

Duet may contain inaccurate, inappropriate, offensive or sexually explicit information or any information prohibited under Section 7 of this Agreement (posted by any members of Duet, for instance, in their profiles), for which Duet assumes no responsibility or liability.

1. Eligibility

To create an account on Duet, you must provide us with at least your name, email address and/or mobile number, and a password and agree to Duet's user agreement, which governs how Duet treats your information. You may, if you choose to do so, provide additional information during the registration flow (for example, your gender, age, job title, company, hobbies, etc.) to create your profile and to receive more customized services on Duet and Duet may share such information with other users through the Service. If you do not wish Duet to share this additional information with Users, do not provide the information to Duet.

In order to enable a few features on Duet, you may use Duet's address book or 'contacts' importer (or other similar features) to upload your phone address book into Duet's services. Any information that you upload or sync with Duet's services is covered by the Duet Privacy Policy. You can remove your address book and any other synced information at any time. By using Duet's services, you agree that Duet may collect, use and share your information in accordance with Duet's Terms of Service, as revised from time to time. By continuing to use Duet's services after any changes to this Terms of Service, with or without notice from us, you agree to the revised Terms of Service. By using the Duet services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and reached the age of adulthood under your national laws if such age is older than 18; (d) your use of the services provided by Duet does not violate any applicable law or regulation; and (e) you are not prohibited from using the Services under applicable law (including, for example, being listed on a government sanctions list), and you have neither been convicted of a serious crime nor required to register as a sex offender with any government authority. In providing the services, Duet collects, stores and uses the following information related to you:

  1. information made available to Duet by you when you create an account or use services provided by Duet, such as your name, telephone number, email address and credit card details;
  2. information made available by you while using services provided by Duet, including information shared by you with others through services provided by Duet and information you store using services provided by Duet;
  3. shared information made available by others using services provided by Duet about you, such as information contained in posts made by them and information exchanged between you and others using services provided by Duet; and
  4. information collected by Duet as you use services, such as certain Location Data, Log Data and public information.

In providing services, Duet collects, stores and uses the 'Location Data'. Location Data is information that is collected regarding your location (when you use a location-enabled service), including:

  1. the location of your device when you use services provided by Duet, such as from the GPS, Wi-Fi, compass, accelerometer or other sensors in your device;
  2. the IP address of the device or internet service you use to access services provided by Duet,;
  3. other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and shared information posted by you or others indicating your location and geotag information that may be embedded in any photos made available by you to Duet; and
  4. if you have provided Duet with your location data previously and would like us to delete such existing location data, you may be able to do so via services provided by Duet.

Duet collects, stores and uses "Log Data", which is technical information automatically collected by Duet during your use of services provided by Duet, whether through the use of cookies (as explained in more detail in the Cookies Policy) or otherwise, including:

  1. technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access services provided by Duet, your IP address and your device's version and identification number,
  2. information about what you have searched for and looked at while using services provided by Duet, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using services provided by Duet;
  3. information about apps and software used by you;
  4. information about communications by you while using services provided by Duet, such as the people you have communicated with and the time, date and duration of your communications; and
  5. metadata, which means information related to items you have made available through services provided by Duet, such as the date, time or location that a shared photograph or video was taken or posted.

This agreement shall remain in full force and effect while you use the services provided by Duet by registering as a member. You may terminate your membership at any time, for any reason, by following the instructions on the member's account settings page. Duet may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect, including sections 6-17.

Duet reserves the right to suspend or terminate your account, with or without prior notice, if it determines, in its sole discretion, that you do not meet the eligibility requirements set forth in these Terms (including if you are under 18 years of age or below the age of majority under your national laws, if you are listed on a government sanctions list, have been been convicted of a serious crime, or are required to register as a sex offender), if you have used SMS/notification features in violation of applicable consent or anti-spam laws, and/or you have breached or violated any provision of this Agreement.

2. Privacy of Personal Information

Other than as permitted under the Duet Privacy Policy or as otherwise consented to by you (for example when you share your personal information in a profile on Duet), Duet will not share your personal information to any other third parties for any purposes. Duet and its affiliate companies may share your personal information within its group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on Duet's behalf, mapping services providers who assist Duet and you with location data, analytics partners who assist Duet's business, and advertising partners on services provided by Duet) as described in the Duet Privacy Policy and subject to your choices.This may include SMS (or other text message formats such as MMS) delivery vendors who provide infrastructure and compliance support for transactional or marketing SMS messages. Such vendors are contractually prohibited from using your SMS opt-in/opt-out records, delivery logs, or phone number for any unrelated marketing or profiling purposes. In addition, Duet may allow such third parties to collect your personal information across services provided by Duet. In each case, Duet permits sharing and/or collection for the purposes of: (i) providing Duet's services to you; (ii) assisting Duet in carrying out the purposes set out under the "Why and How We Use Your Data" section in our Privacy Policy; (iii) carrying out Duet's obligations and enforcing Duet's rights under the Terms of Service; and/or (iv) Duet's business, including enabling Duet to improve its services. These third parties may be located, and use and store your Personal Information, outside of jurisdiction for these purposes. Where Duet permits any third parties to collect and use your personal information in accordance with the above paragraph, Duet will require that such third parties only use your personal information: (i) in compliance with Duet's Terms of Service and the Duet Privacy Policy; (ii) implement reasonable security measures; and (iii) follow any other instructions given to them, including any appropriate confidentiality and security measures that are implemented by Duet.

You understand that Duet or its affiliate companies may be required to retain, preserve or disclose your personal information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where Duet believes it is reasonably necessary to comply with applicable laws or regulations and agree to such use of your personal information. You also understand and agree that Duet or its affiliate companies may disclose your personal information in order to enforce the Terms of service or to, protect Duet's rights, property or safety, or the rights, property or safety of Duet's affiliate companies or other members of services provided by Duet.

You also agree that Duet or its affiliate companies may disclose SMS opt-in records, delivery logs, or phone numbers where legally required, for example in response to a TCPA-related enforcement request.

3. Password

When you sign up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Duet via support@duetapp.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. SMS Notifications

By registering for or maintaining an account on Duet, or by continuing to use the services provided by Duet, you agree to receive transactional, informational, marketing, promotional and other SMS notifications related to your account and use of Duet, including but not limited to one-time passcodes, security alerts, account or service notifications, account status changes, transaction confirmations or reminders, renewal reminders, match/activity notifications and/or service updates. Message frequency may vary.

Consent is not a condition of purchase. You may opt out of receiving SMS notifications at any time. To stop receiving such messages, reply with "STOP" to the number from which you received our SMS (we may send a one-time confirmation of your request), or visit your Settings – SMS Settings or Privacy Preferences page to adjust your preferences. For assistance, please contact support@duetapp.net.

Please note that standard message and data rates may apply for receiving our text messages, as determined by your mobile carrier. For details, please consult your carrier. Messages may be sent using automated technology. Carriers are not liable for delayed or undelivered messages. Messages may be sent from a short code or a 10DLC number.

You represent that the mobile number you provide is yours or that you are an authorized user and you will notify us if the number is changed, ported, or reassigned; we take reasonable steps to reduce messaging to reassigned numbers.

5. Non-commercial Use Only by Members

The services provided by Duet are for the personal use of members only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Duet. Illegal and/or unauthorized use of the services provided by Duet, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Duet website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Duet will take appropriate legal action for any illegal or unauthorized use of the services provided by Duet.

6. Proprietary Rights in Content on Duet

  1. By displaying or publishing (posting) any content on or through the services provided by Duet, you hereby grant to Duet a license to use, host, store, cache, modify (for technical purposes such as formatting, compression, or transcoding), publicly perform, publicly display, reproduce, transmit, and distribute such content solely on and through the services provided by Duet (including via Duet's hosting, content-delivery and other service providers acting on Duet's behalf), solely as necessary to operate, provide, improve, and secure the services and to make your content available consistent with your settings, and to grant the foregoing rights to service providers and contractors acting on Duet's behalf for the same limited purposes.
  2. You represent and warrant that: (i) you own the content posted by you on or through the services provided by Duet or otherwise have the right to grant the license set forth in this section, and (ii) the posting of content by you on or through the services provided by Duet does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the services provided by Duet.
  3. The services provided by Duet contain content generated by Duet which is protected by copyright, trademark, patent, trade secret and other laws, and Duet owns and retains all rights in the content generated by Duet and the services provided by Duet. Duet hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the content generated by Duet (excluding any software code) solely for your personal use in connection with viewing the Duet website and using the services provided by Duet. Any liability raising from your inappropriate use of Duet's content shall be borne by you.
  4. The services provided by Duet contain content of members and other Duet licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the services provided by Duet.
  5. SMS content or metadata exchanged through Duet is also subject to these proprietary rights. You may not reuse, resell, redistribute, publish, or otherwise exploit SMS communications received via Duet for any unauthorized purpose, whether commercial or non-commercial.

7. Content Posted

  1. Duet may delete any content that in the sole judgment of Duet violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Duet assumes no responsibility for monitoring the services provided by Duet for inappropriate content or conduct. If at any time Duet chooses, in its sole discretion, to monitor the services provided by Duet, Duet nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
  2. You are solely responsible for the content that you post on or through any of the services provided by Duet, and any material or information that you transmit to other members and for your interactions with other members. Duet does not endorse and has no control over the content. Content is not necessarily reviewed by Duet prior to posting and does not necessarily reflect the opinions or policies of Duet. Duet makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.

8. Content/Activity Prohibited

The following is a partial list of the kinds of content that are illegal or prohibited to post on or through the services provided by Duet. Duet reserves the right to investigate and take appropriate legal action against anyone who, in Duet's sole discretion, violates this provision, including without limitation, removing the offending communication from the services provided by Duet, terminating the membership of such violators and filing a lawsuit for Duet's loss, if any, caused thereby. Prohibited content includes, but is not limited to content that, in the sole discretion of Duet:

  1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. violates any intellectual property or other proprietary rights (including copyrights, trademarks, patents, or trade secrets);
  3. harasses or advocates harassment of another person;
  4. exploits people in a sexual or violent manner;
  5. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  6. solicits personal information from anyone under 18;
  7. provides any passwords or personal identifying information (including but not limited to telephone numbers, street addresses, last names, URLs or email addresses) of another person without that person’s consent; or solicits passwords or personal identifying information from other members for commercial or unlawful purposes. Duet does not require you to publicly share your own personal contact details. If you choose to disclose such information to other members, you do so voluntarily at your own risk, and Duet will not be liable for any consequences of such disclosure;
  8. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming" or "spamming";
  11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  12. promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent; or
  15. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile such as pictures of celebrities.

The following is a partial list of the kinds of activities that are illegal or prohibited on the Duet platform and through your use of the services provided by Duet. Duet reserves the right to investigate and take appropriate legal action against anyone who, in Duet's sole discretion, violates this provision, including without limitation, reporting them to law enforcement authorities. Prohibited activities include, but is not limited to:

  1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of malicious or harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any member to buy or sell any products or services through the use of services provided by Duet, transmission of any chain letters or junk email to other members;
  3. covering or obscuring the banner advertisements on your personal profile page, or any Duet page via HTML/CSS or any other means;
  4. any automated use of the system, such as using scripts to add friends or send comments or messages;
  5. interfering with, disrupting, or creating an undue burden on the services provided by Duet or the networks or services connected to the services provided by Duet;
  6. attempting to impersonate another member or person;
  7. for band profiles, copying the code for your Duet player and embedding it into other profiles or asking other members to embed it into their profiles;
  8. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
  9. selling or otherwise transferring your profile;
  10. using any information obtained from the services provided by Duet in order to harass, abuse, or harm another person;
  11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services provided by Duet on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your 'Top 8' friends, or sending private messages with a commercial purpose; or
  12. using the services provided by Duet in a manner inconsistent with any and all applicable laws and regulations.

It is also a violation of these rules to use any information obtained from the services provided by duet in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, duet reserves the right to restrict the number of messages or other communications sent through duet services (including but not limited to in-app messages or emails facilitated by duet) which a member may send to other members in any 24-hour period to a number which duet deems appropriate in its sole discretion. You agree that, if this agreement is breached and unsolicited bulk messages of any kind through the use of duet services is propagated, such a breach and unsolicited bulk messages have caused or will cause substantial harm to duet, and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay duet us$50 for each such unsolicited message you send through the use of duet services. If that total amount is not sufficient to cover duet's actual losses or harm, you agree to be liable for the difference in order to make duet whole.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Under Duet's policies, your membership privileges may be terminated if you continue to infringe the copyrights of others upon receipt of proper notification to Duet by the copyright owner or the copyright owner's legal agent.

Duet’s Designated Agent under the Digital Millennium Copyright Act (DMCA): Benjamin Charkow, bcharkow@mabr.com, Maschoff Brennen Gilmore Israelsen & Mauriel LLP 12 West 26th St., 7th Fl. New York, NY 10010, 212-529-3347. Users should send all copyright infringement notices or counter-notifications to this agent."

Without limiting the foregoing, if you believe that your work has been copied and posted on the Duet Services in a way that constitutes copyright infringement, please provide the following information by sending it to support@duetapp.net: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services provided by Duet; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If your material was removed or disabled and you believe it was done by mistake or misidentification, you may send a counter-notification to the Designated Agent including: (a) your physical or electronic signature; (b) identification of the material removed or disabled and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled due to mistake or misidentification; and (d) your name, address, and phone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or for New York, New York if outside the United States) and that you will accept service of process from the original complainant or their agent. Upon receipt of a valid counter-notification, Duet may restore the material in 10–14 business days unless the complainant notifies us that they have filed a court action. For clarity, the jurisdiction consent required in a DMCA counter-notification is a statutory requirement under 17 U.S.C.§512(g) and does not waive or limit the arbitration agreement in Section 15 of these Terms.

10. Member Disputes

You are solely responsible for your interactions with other members of Duet. Duet reserves the right, but has no obligation, to monitor disputes between you and other members.

11. Privacy

Use of the services provided by Duet is also governed by Duet's Privacy Policy, which is incorporated into this agreement by this reference. This includes how we collect, retain, and process SMS opt-in/opt-out records, transactional SMS logs, and user consent data for compliance with TCPA/CTIA and applicable privacy laws.

12. Use of Paid Functions

Certain value-added services of Duet (including but not limited to Duet Premium or Duet Supreme) are paid services. You need to purchase such services by choosing and completing payment on the corresponding purchase page. Duet may offer products and services for purchase (collectively, "Paid Transactions") including: (i) in-app purchases processed via the Apple App Store (iTunes) or Google Play, and (ii) purchases made via Duet’s official website, Duet direct billing, carrier billing (where available), or other payment platforms authorized by Duet. When making a purchase, you should confirm the category, quantity, duration, automatic renewal term (if optional), etc., of the service to be purchased according to your actual requirements. By making the payment, the same will be confirmed, and you may not request a modification or refund in the absence of just causes specified by law or the Agreement.

After purchasing Duet Premium or Duet Supreme, you may view the user who liked you, give unlimited Likes every day, and have access to other exclusive functions in addition to the functions for ordinary registered users of Duet, and the specific functions shall be subject to the description on the purchase and use page. After completing the registration procedures and paying for corresponding service through the payment method provided by the Duet platform, the user of Duet may use the service of Duet Premium or Duet Supreme. Duet Premium or Duet Supreme shall not be rented, lent, transferred or licensed to any third party for use upon purchase or be activated for yourself or any other person for profit, operation and other non-personal uses. Virtual items or features (such as additional "likes", "crushes", or "comments") purchased in Duet have no cash value, are non-transferable, and are non-refundable once purchased.

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed until you cancel the subscription. If you have purchased the value-added service at the unadjusted rates, you will not be affected by the possible price adjustment in the period of validity of the value-added service purchased, and you do not need to pay extra money; however, that you are required to make the payment at the latest list price on the purchase page during next purchase or auto-renewal. We may send you transactional SMS or in-app reminders about upcoming renewals, expirations, or payment confirmations. These are non-marketing notifications sent solely to administer your paid services. If we increase the fee for an existing automatic renewal or continuous service, we will notify you at least seven (7) days and no more than thirty (30) days before the new fee takes effect, in a manner that is capable of being retained by you, and the notice will include clear instructions on how to cancel. If you do not wish your subscription to renew automatically, you may follow the guidelines and steps in [Help - How do I cancel automatic renewal?]. If you fail to cancel auto-renewal at least 24 hours prior to the end of the subscription period, you will be deemed to accept that Duet continues to make the charge in accordance with the agreement and by the auto-renewal cycle you choose. If you stop using Duet within the period of validity of the value-added service, Duet shall not be responsible for refunding the corresponding service fee for the remaining period. Deleting your account on Duet or deleting the Duet application from your device would not cancel your subscription.

Any refunds will be provided only in accordance with applicable laws and Duet’s platform policies. Users in certain jurisdictions may have specific statutory refund or cancellation rights, which Duet will honor as required by law.

If you believe you are entitled to a refund under applicable law, please contact us at: support@duetapp.net, with your order ID, purchase channel, and a brief description of the issue. We will review your request in good faith and respond within a reasonable period. For transactions processed by Apple App Store (iTunes) or Google Play, refunds are administered by the respective store and you must follow the store’s refund procedures. Where a refund is approved, Duet will issue it to the original payment method; processing times may vary by payment provider.

If you request an invoice after purchasing any paid feature of Duet, Duet will be responsible for issuing the invoice for the current year in which you request the same with any applicable taxes borne by you and the transportation costs, courier charges and other expenses, if any, shall be borne by you.

13. Disclaimers

Duet is not responsible for any incorrect or inaccurate content posted on the duet website or in connection with the services provided by duet, whether caused by members of duet or by any of the equipment or programming associated with or utilized in the services provided by duet. Profiles created and posted by members on the duet website may contain links to other websites. Duet is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by duet. Inclusion of any linked website on the services provided by duet does not imply approval or endorsement of the linked website by duet. When you access these third-party sites, you do so at your own risk. Any visit to, interaction with, or transaction involving a third-party website or service is solely between you and that third party, and is governed by that third party’s terms of service and privacy policy. Duet is not a party to such dealings and does not endorse, control, or assume any responsibility for third-party terms, privacy practices, products, or services. Duet takes no responsibility for third party advertisements which are posted on this duet website or through the services provided by duet, nor does it take any responsibility for the goods or services provided by its advertisers. Duet is not responsible for the conduct, whether online or offline, of any user of the duet services. Duet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication between members. Duet is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the services provided by duet or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the services provided by duet. Under no circumstances shall duet be responsible for any loss or damage, including personal injury or death, resulting from use of the services provided by duet, attendance at an event organized or sponsored by duet, from any content posted on or through the services provided by duet, or from the conduct of any members of duet, whether online or offline. To the maximum extent permitted by law, duet disclaims liability for any loss or damage, except that nothing in these terms of service limits or excludes liability for personal injury or death caused by duet’s gross negligence or willful misconduct. The services provided by duet are provided "as-is" and as available and duet expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Duet cannot guarantee and does not promise any specific results from use of the services provided by duet. Duet is not responsible for delayed, failed, or undelivered sms notifications where the cause lies with mobile carriers, aggregator platforms, or user device settings. Standard carrier disclaimers apply.

14. Limitation on Liability

In no event shall duet be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if duet has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, duet's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to duet for the services provided by duet during the term of membership. Duet shall not be liable to any damages or losses caused by your or a third party's actions or omissions, including but not limited to infringement, such as payment service or internet access service by any third party.

15. Disputes

Arbitration

If there is any dispute about or involving the services provided by Duet, you agree that the dispute shall be governed by the laws of New York, United States, without regard to conflict of law provisions. All disputes arising out of or relating to this Agreement or your use of the services provided by Duet must be settled by arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, for any Mass Filing as defined below, the AAA Mass Arbitration Supplementary Rules; to the extent of any conflict, this Section 15 will control) governed by the Federal Arbitration Act (FAA), provided that (a) the foregoing shall not prevent Duet from seeking injunctive relief in a court of competent jurisdiction and (b) you shall have the right to pursue a claim in small claims court in your state of residence. Duet will pay for the arbitrator’s fees. You will bear the cost of initiating arbitation. Each party shall bear all their other costs and their attorney’s fees. The award of arbitration shall be final and binding on Duet and you and enforceable in courts of applicable jurisdiction. The enforceability of this clause shall be determined by the arbitrator. If this clause is determined to be unenforceable as to a particular claim or form of relief, that claim or form of relief shall proceed in court while any and all remaining claims shall proceed in individual arbitration.

Before initiating arbitration, you agree to attempt to resolve the dispute informally by contacting Duet at support@duetapp.net or such other address as we may designate. Both you and Duet shall make a good-faith effort to settle the dispute. If the dispute is not resolved within 30 days from the date notice of the dispute is first given, either party may then proceed to initiate arbitration.

Class Action Waiver

You agree that any claims or disputes you have in any way related to Duet’s services shall be brought solely on an individual basis, and that you will not assert any such claim or dispute as a putative class action, collective action, consolidate action or representative action, or on behalf of any other Duet users. Both parties expressly waive any right to a jury trial or to participate in any class, collective, consolidated, or representative proceeding. Unless all parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, or representative proceeding. The enforceability of this clause shall be determined by the arbitrator. If this clause is determined to be unenforceable as to a particular claim or form of relief, that claim or form of relief shall still proceed proceed in arbitration pursuant to the above Arbitration clause.

Mass Filings

If, at any time, twenty-five (25) or more substantially similar Demands for Arbitration are asserted against Duet or related parties by or with the assistance of the same or coordinated counsel (as determined in the AAA’s discretion under its Mass Arbitration Supplementary Rules), the arbitration will be administered under those Supplementary Rules in addition to the AAA Consumer Arbitration Rules. The administrator may appoint a process/procedural arbitrator to address administrative and case-management issues, including compliance with any pre-arbitration informal resolution requirements and small-claims elections. The parties shall initiate a global mediation as contemplated by the AAA Mass Arbitration Supplementary Rules, which may proceed concurrently with the arbitrations. Nothing in this subsection authorizes class, collective, consolidated, or representative arbitration. These protocols supplement the AAA Mass Arbitration Supplementary Rules and apply to the extent permitted by those Rules and AAA’s administrative requirements; where not permitted, the AAA Mass Arbitration Supplementary Rules govern.

Bellwether Proceedings. To promote efficiency and fairness when multiple similar Disputes are pending, the parties will use staged bellwether proceedings. For the first set, counsel for the Mass Filing claimants and counsel for Duet shall each select fifteen (15) Demands (thirty (30) total) to proceed, with each individual arbitration presided over by a different Claim Arbitrator; during this time, no other Demands within the Mass Filing will be filed, processed, adjudicated, or remain pending. If the remaining Demands are not resolved after the first set is completed, the parties will continue in additional rounds, increasing each side’s selections by five (5) per round (e.g., 20/side in round two; 25/side in round three; 30/side in round four; 35/side in round five). Within each round, each individual arbitration is presided over by a different Claim Arbitrator.

Mediation Between Rounds. Following the first bellwether round—and before the second—the parties will participate in a good-faith global mediation (unless both sides agree otherwise). After subsequent rounds, the parties will confer in good faith regarding additional mediation opportunities. The administrator may appoint a mediator early in the process to facilitate discussions.

Selection/Administration; Fees. The administrator or process/procedural arbitrator may decide how many Demands can reasonably proceed at any time and how they are selected, taking into account the capacities of the parties and the administrator. Filing and administrative fees for unselected Demands are deferred consistent with the AAA’s phased fee structure and become due only when a Demand is selected to proceed as part of a bellwether set or otherwise designated to move forward.

Tolling. Any applicable statutes of limitation (or other filing deadlines) are tolled from the time the first cases are chosen to proceed until the time a particular Demand is selected for a bellwether proceeding, to the extent permitted by applicable law.

Enforcement; Venue (limited to arbitration-related court proceedings). Any court proceeding to enforce Section 15—including to confirm, modify, or vacate an award, or to stay or enjoin arbitrations filed contrary to the Mass Filings protocols—shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and the parties consent to personal jurisdiction and venue in those courts.

Nothing in this section shall be construed as a waiver of Duet’s right to contest the propriety of any arbitration demand under applicable law.

16. Indemnity

You agree to indemnify and hold Duet, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services provided by Duet in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Duet website or through the services provided by Duet causing Duet to be liable to another. This includes indemnification for claims arising from misuse of SMS notifications, violation of opt-in/opt-out rules, or provision of inaccurate or unauthorized mobile numbers.

17. Other

This Agreement is accepted upon your use of the Duet website, or software, or any of the services provided by Duet and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and Duet regarding the use of the services provided by Duet. The failure of Duet to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. The copyright of this Terms of Use shall belong to Duet, and Duet reserves the right of interpretation and amendment hereof. Please contact us at: support@duetapp.net with any questions regarding this agreement.