Hobbytwin Terms and Conditions

Quick Summary of Our Terms of Use

To make things easier, we’ve added short summaries at the top of each section. Just remember, these summaries are not a substitute for the full text, so you should still read the entire section carefully.

For California members: You have the right to cancel your subscription without any charge or obligation until midnight of the third business day after you signed up. If you bought your subscription through an outside service like Apple ID or Google Play, you must end your membership directly with them. This is explained in more detail in Section 8a. For those who subscribed with an Apple ID, all refunds are handled by Apple, not by Hobbytwin. To ask for a refund, you need to go through your Apple ID account on your phone or visit https://getsupport.apple.com.

For everyone else, you can ask for a refund by contacting Hobbytwin Customer Service through our Help Center. You can also send a signed and dated written note stating that you, the purchaser, are ending the agreement. Please make sure to include your name and the email, phone number, or other unique identifier you used to create your account.

1. INTRODUCTION

This is the big one—it’s the core of our Hobbytwin User Agreement (which we’ll call the “Terms” or “Agreement”). By using Hobbytwin, you are consenting to this Agreement, which also includes our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips. It is very important that you read all of these documents carefully before you create an account.

Please Pay Close Attention to Section 15 Below! It explains how legal conflicts between you and Hobbytwin will be resolved. These rules include a required informal process to solve problems before going to arbitration (except for individual claims of sexual assault or harassment). They also cover the arbitration agreement, the choice of a small claims court, a waiver of your right to be part of a class action lawsuit, special rules for a large number of arbitration claims, and a waiver of your right to a jury trial. This all impacts your legal rights. In arbitration, there is typically less information discovery and a more limited review on appeal than in a regular court setting.

We might update these Terms from time to time, so please check back on this page for the newest version.

In these Terms, when we say “us,” “we,” “Company,” and/or “Hobbytwin,” we are referring to either Hobbytwin LLC in the USA or Hobbytwin LTD in Kenya, depending on where you are. Together, you and Hobbytwin may be called the “Parties” or, individually, a “Party.”

When you use our services on Hobbytwin.com (our “Website”), the Hobbytwin mobile application (the “App”), or any of our other platforms (all together, the “Service” or “Services”), you are accepting this Agreement. This applies to everyone who uses our Services, whether you have a registered account or are simply browsing.

Desktop Services and Development Status: Hobbytwin may offer desktop versions of our services in addition to mobile applications. While we work to expand our platform capabilities, some features or services may be in development stages and not yet fully available. Users understand that our services may be subject to ongoing development, testing, and improvements. We are not responsible for any interruptions or limitations during development phases.

Your use of our Services is also controlled by our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips. Any extra rules you accept when you buy additional features or services (“Additional Terms Upon Purchase”) are also part of this Agreement. If you do not agree to be held to this Agreement, please do not use our Services.

We hold the right to change, adjust, or amend these Terms at any time, in compliance with applicable law. If there are major changes, we will put a notice on this page with a new effective date. While we might also send you an email notification, it is your duty to check this page for updates regularly. By continuing to use our Services after an update, you are giving your ongoing approval and are legally bound by the new Terms. If you disagree with any changes, you must stop using our Services immediately.

One important exception: any significant changes to the Limitation of Liability in Section 14 or the Dispute Resolution rules in Section 15 will require your clear acceptance. We also keep the right to change which features are included in our subscription plans.

2. ACCOUNT ELIGIBILITY & YOUR RESPONSIBILITIES

This section is all about the rules for creating a Hobbytwin account and what you can and cannot do while using our Services. It also covers the rights you give to us.

You are only allowed to create an account and use our Services if you meet all of the following conditions. By using Hobbytwin, you confirm that you:

  • are at least 12 years old and an individual (not a business or corporation);
  • are legally capable of entering a binding contract with Hobbytwin;
  • are not in a country that is under a U.S. Government embargo or has been named as a “terrorist supporting” country by the U.S. Government;
  • are not on any U.S. Government list of forbidden individuals (like the U.S. Treasury Department’s list of Specially Designated Nationals) and don’t face similar bans;
  • are not legally prevented from using our Services;
  • have not been convicted of or pleaded no contest to a felony or serious crime, a sex offense, or any crime that involves violence or threats of violence, unless you have been pardoned for a non-violent crime and we have decided that you are not a danger to other users;
  • are not required to be registered as a sex offender with any state, federal, or local registry;
  • do not have more than one account on our Services;
  • have not been previously removed from our Services or our affiliates’ services unless you have our explicit written permission to make a new account.

If you ever stop meeting these requirements, your right to use our Services is automatically canceled. You must delete your account right away, and we have the right to remove your access without warning.

You agree to:

  • Follow these Terms, and check this page often to stay aware of any changes;
  • Obey all relevant laws, including privacy laws, intellectual property laws, anti-spam laws, and all other rules;
  • Use the most up-to-date version of the Website and/or App;
  • Read and follow our Safety Tips;
  • Read and follow our Community Guidelines, as they are updated over time; and
  • Take sensible steps to keep your login details safe.

You agree that you will not:

  • Be dishonest about your identity, age, or any connections to a person or business;
  • Use the Services in a way that hurts them or stops other users from enjoying them;
  • Interfere with, interrupt, or negatively affect the platform, servers, or networks of our Services;
  • Use our Services for any damaging, illegal, or malicious purpose, including using any virtual items for money laundering or other financial crimes;
  • Harass, bully, stalk, frighten, assault, slander, harm, or otherwise abuse others or cause psychological damage;
  • Post or share Prohibited Content (more on that later);
  • Ask other users for their passwords or private information for commercial or illegal reasons, or share someone else’s personal information without their permission;
  • Ask other users for money or other valuables, whether as a gift, loan, or payment;
  • Use someone else’s account;
  • Use our Services for scams, pyramid schemes, or similar illegal practices;
  • Use our Services for political campaign funding or to sway an election, other than sharing your own personal political opinions;
  • Break the rules of the license we grant you (see Section 6 below);
  • Share private or secret information that you are not allowed to reveal;
  • Copy, alter, send, give out, or create any new works from any Member Content or our own content, or any copyrighted material, pictures, trademarks, or other intellectual property found on our Services without our prior written permission;
  • Make it seem like any statements you make are supported by Hobbytwin;
  • Use any automatic device, method, or process (like a robot, crawler, or proxy) to access, get, “data mine,” or copy any part of our Services or to bypass how our content is navigated or shown;
  • Upload viruses or other harmful code or otherwise compromise the security of our Services;
  • Fake headers or change identifiers to hide where any information sent through our Services came from;
  • “Frame” or “mirror” any part of our Services without our prior written permission;
  • Use meta tags, code, or other devices that contain any mention of Hobbytwin to send people to another website for any reason;
  • Change, adapt, give a sublicense for, translate, sell, reverse engineer, or decompile any part of our Services;
  • Use or create any outside applications that work with our Services or Member Content without our written permission, including artificial intelligence or machine learning systems;
  • Use, access, or publish the Hobbytwin application programming interface without our written consent;
  • Probe, scan, or test the security weaknesses of our Services or any system or network;
  • Encourage, promote, or agree to take part in any activity that goes against these Terms;
  • Create a new account after we have suspended or ended your previous one, unless we give you clear permission;
  • Submit a false, misleading, or baseless report about another member’s behavior or content, or misuse any reporting or appeals system that Hobbytwin provides.

LICENSE REVOCATION

The license we grant you and your permission to use our Services are automatically taken away if you do any of the things listed below.

The license we give you to use our Services is automatically canceled if you do any of the things listed above.

PROHIBITED CONTENT

Hobbytwin has a strict policy against uploading or sharing content that:

  • could be seen as offensive or that harasses, abuses, or causes psychological harm to another person;
  • is obscene, pornographic, violent, or shows nudity;
  • is abusive, threatening, or discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
  • encourages or helps with any illegal activity, like terrorism or inciting racial hatred, or content that is, in itself, a criminal offense;
  • encourages or helps with any activity that could harm the user or another person, including, but not limited to, content that promotes self-harm, eating disorders, dangerous challenges, or violent extremism;
  • is defamatory, libelous, or untrue;
  • is connected to business activities (including, but not limited to, sales, contests, promotions, ads, soliciting services, sex work, “sugar daddy” or “sugar baby” relationships, or links to other websites or paid phone numbers);
  • involves or helps with sending spam;
  • contains any spyware, adware, viruses, corrupted files, or other malicious code meant to stop, damage, or limit how any software, hardware, networks, servers, or other equipment works;
  • violates anyone else’s rights (including their intellectual property or privacy rights);
  • was not created by you, unless Hobbytwin has given you express permission;
  • includes the image or likeness of another person without their consent (or, for a minor, the consent of their parent or guardian);
  • includes an image or likeness of a minor who is not with their parent or guardian or is not fully clothed, or otherwise suggests or shows a minor engaged in sexual activity;
  • is not in line with the intended use of the Services; or
  • could damage the reputation of Hobbytwin or its affiliates, meaning any content that slanders Hobbytwin or its affiliates or promotes the misuse of our Services or any services provided by our affiliates.

Uploading or sharing content that goes against these Terms (“Prohibited Content”) can result in your account being immediately suspended or ended.

3. CONTENT

It’s important that you understand your rights and responsibilities when it comes to the content on our Services, including anything you post yourself. You are strictly forbidden from posting inappropriate content.

When you use our Services, you’ll come across a few types of content: (i) content that you upload or provide (“Your Content”); (ii) content that other users upload (“Member Content”); and (iii) content that Hobbytwin provides on and through the Services (“Our Content”). In this agreement, “content” includes all text, images, videos, audio, or other materials, including what’s on user profiles and in direct messages.

3a. YOUR CONTENT:

You are responsible for Your Content. Please don’t share anything you wouldn’t want others to see, that would violate this Agreement, or that could get you or us into legal trouble.

You are solely responsible for Your Content, and because of that, you agree to protect and hold us harmless from any legal claims made in connection with what you post.

You confirm to us that any information you provide—including info from Facebook or other third-party sources—is accurate, and you agree to update your account information as needed to keep it that way.

The content on your profile should be relevant to the purpose of our Services. You are not allowed to upload any Prohibited Content, and your content must also follow our Community Guidelines. You can’t display any personal contact or banking information, whether it’s your own or someone else’s (for example, names, home addresses, phone numbers, email addresses, URLs, credit/debit card details, or peer-to-peer payment info). If you choose to share any personal information with other users, you do so at your own risk. We strongly encourage you to be cautious when sharing personal details online.

Your profile will be visible to people all over the world, so make sure you’re comfortable with what you’re sharing before you post. You agree that your content may be seen by other users and that, even with these Terms in place, other users might share it with third parties. By uploading your content, you are confirming to us that you have all the necessary rights and licenses to do so and that you automatically grant us a license to use Your Content, as explained in Section 7 below.

We may give you tools and features to help you express yourself through Your Content and Member Content (described in Section 3b), and we’re always creating new technologies to improve our Services. Some of these tools may let you create or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as how you use it on our Services. Be careful about what you choose to share.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, or block access to any of Your Content at any time, at our sole discretion. You also agree that we have no obligation to display or review Your Content.

Data Backup and Content Retrieval: Hobbytwin is not a backup service, and users are solely responsible for maintaining their own copies of any content they upload to our platform. While we may retain deleted content on our servers to meet legal obligations, such content will not be retrievable without proper legal process, including court orders where required by law.

3b. MEMBER CONTENT:

While you’ll have access to Member Content, it doesn’t belong to you. You can’t copy or use it for any purpose other than what’s intended by these Terms.

Other users also share content on our Services. This Member Content belongs to the user who posted it and is stored on our servers and displayed as they direct.

You should always carefully review and verify Member Content for accuracy on your own. Other users might use tools to create or enhance content based on what they provide. Member Content could include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their own Member Content and for any decisions or actions they take based on it.

You do not have any rights to Member Content, and you may only use it to the extent that your use aligns with our Services’ purpose of allowing people to communicate and meet. You are not allowed to copy Member Content or use it for commercial purposes, to spam, to harass, or to make illegal threats. We reserve the right to terminate your account if you misuse Member Content.

3c. OUR CONTENT:

Hobbytwin owns or licenses all other content on our Services.

Any other text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property on our Services is owned, controlled, or licensed by us and is protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest to Our Content remain with us at all times.

We grant you a limited license to access and use Our Content as described in Section 6 below, and we reserve all other rights.

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

HOBBYTWIN DOES NOT TOLERATE INAPPROPRIATE CONTENT OR BEHAVIOR ON OUR SERVICES.

We are dedicated to maintaining a positive and respectful community, and we have a zero-tolerance policy for any inappropriate content or misconduct, whether it happens on or off our Services. We strongly encourage you to report any inappropriate Member Content or user misconduct. You can report a user directly through the “Report User” link on their profile or in the messaging section. You can also contact Customer Support.

As detailed in our Privacy Policy, we may share data with our affiliates to ensure the safety and security of our users. We may also take necessary action if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or stopping you from creating new accounts. You understand that we may not share information about your account with you if doing so could potentially put the safety or privacy of other users at risk.

Member Content is subject to the terms of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. To file a complaint about Member Content that may be infringing on intellectual property, please refer to Section 12 (Digital Millennium Copyright Act) below.

5. PRIVACY

Your privacy is incredibly important to us. We have a separate privacy policy that you should read.

For information on how Hobbytwin and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we can use your personal data in line with that policy.

6. RIGHTS YOU ARE GRANTED BY HOBBYTWIN

HOBBYTWIN grants you the right to use and enjoy our Services, as long as you follow these Terms.

As long as you comply with these Terms, Hobbytwin gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for the purposes intended by Hobbytwin and as allowed by these Terms and applicable laws. This license and any authorization to use the Service are automatically taken away if you fail to comply with these Terms.

7. RIGHTS YOU GRANT HOBBYTWIN

You own all the content you provide to Hobbytwin, but you also give us the right to use Your Content as outlined in this Agreement.

By creating an account, you grant Hobbytwin a worldwide, permanent, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content in any way, shape, or form, including any information you allow us to access from Facebook or other third-party sources. This includes displaying Your Content to the public in whole or in part, in any format known now or developed in the future. Hobbytwin’s license to Your Content will be non-exclusive, except for any new content or derivative works created using our Services. For example, we would have an exclusive license to screenshots of our Services that include Your Content.

Additionally, to help us prevent others from using Your Content outside of our Services, you give Hobbytwin the authority to act on your behalf if other users or third parties use your content in an infringing way. This specifically includes the right to send DMCA Takedown Notices on your behalf if your content is taken and used by third parties outside of our Services. Hobbytwin is not obligated to take any action regarding the use of your content by others. Hobbytwin’s license to Your Content is subject to your rights under applicable law (for example, laws about personal data protection).

In exchange for Hobbytwin allowing you to use our Services, you agree that we, our affiliates, and our third-party partners can place advertising on our Services. If you submit suggestions or feedback to Hobbytwin about our Services, you agree that we can use and share that feedback for any purpose without paying you for it.

The advertising revenue disclosure: We currently operate without advertising revenue, though this may change in the future as we develop our business model. Users should keep personal backups of any important content as we cannot guarantee permanent storage or retrieval of user data.

You agree that Hobbytwin can access, keep, and share your account information, including Your Content, if we are required to do so by law or if we genuinely believe that doing so is necessary to: (i) comply with a legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of others; (iv) respond to your requests for customer service; (v) protect the rights, property, or personal safety of the Company or anyone else; or (vi) investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing.

8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You have the option to buy products and services from Hobbytwin. If you buy a subscription, it will automatically renew—and you will be charged—until you cancel it.

Hobbytwin may offer products and services for purchase through iTunes, Google Play, or other authorized external services (each an “External Service”, and any purchases made on them are “External Service Purchases”). We may also offer products and services for purchase via credit card or other payment processors on our Website or inside the App (“Internal Purchases”).

If you buy a subscription, it will automatically renew until you cancel it, in line with the terms you were shown at the time of purchase, as described below.

If you cancel your subscription, you will still have access to its benefits until the end of your current subscription period, at which point it will expire.

Since you can use our Services without a subscription, canceling your subscription does not remove your profile. If you want to completely delete your account, you must terminate it as explained in Section 9.

Hobbytwin is a global business, and our pricing is based on many different factors. We often have special promotional rates, which can change depending on your region, subscription length, bundle size, past purchases, and account activity. We also regularly test new features and payment options. If you don’t cancel your subscription on time, it will be renewed at the full price you agreed to when you first purchased it. You won’t have to take any extra steps, and you authorize us to charge your payment method for these amounts. To the extent allowed by law, we reserve the right to limit the quantity of or stop offering any product, feature, or service; to set conditions on any coupon or promotion; to prevent any user from making a transaction; and to refuse to provide any user with a product or service.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
External Service Purchases, including subscriptions, may be processed through the External Service. In this case, you must manage those purchases through your External Service Account. Subscriptions automatically renew until you cancel them.

When you make a purchase on our Services, you might have the option to pay through an External Service, like with your Apple ID or Google Play account (“your External Service Account”). Your External Service Account will be charged for the purchase according to the terms you were shown at the time of purchase and the general terms for your External Service Account. Some external services may charge you sales tax, depending on where you live.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be charged periodically until you cancel it. After your first subscription period ends, and again after any subsequent period, the subscription will automatically continue for the same price and duration you agreed to when you subscribed. If you got a promotional discount, your price might go up after the first period, as per the terms of that offer.

To cancel a subscription: If you don’t want your subscription to renew automatically, or if you want to change or end it, you must log in to your External Service Account and follow the instructions to manage or cancel your subscription. This is true even if you have deleted your account with us or have deleted the App from your device. For example, if you subscribed with your Apple ID, Apple handles the cancellation, not Hobbytwin. To cancel a purchase made with your Apple ID, go to Settings in the App and follow the instructions. You can also get help at Apple Support.

Similarly, if you subscribed on Google Play, Google handles the cancellation. To cancel a purchase made through Google Play, open the Google Play app on your mobile device and go to Settings. You can also get help from Google Play. If you cancel a subscription, you can continue to use the service until the end of your current term. The subscription will not renew when your current term expires.

If you initiate a charge-back or reverse a payment made with your External Service Account, Hobbytwin may terminate your account immediately at its sole discretion, based on the assumption that you have decided you don’t want a Hobbytwin subscription. If your charge-back or payment reversal is overturned, please contact Customer Care. Hobbytwin will keep all funds charged to your External Service Account until you cancel your subscription through that account. Some users may be entitled to a refund. See Section 7d below for more information.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

Internal Purchases, including subscriptions, are processed using the payment method you provide on the Website or App. Subscriptions automatically renew until you cancel them.

If you make an Internal Purchase, you agree to pay the prices shown for the services you’ve chosen, as well as any sales or similar taxes that may apply. You also authorize Hobbytwin to charge the payment method you provide (“your Payment Method”). Hobbytwin can correct any billing errors or mistakes, even if we have already requested or received payment. If you initiate a charge-back or reverse a payment made with your Payment Method, Hobbytwin may terminate your account immediately, based on the assumption that you no longer want a Hobbytwin subscription. If your charge-back or payment reversal is overturned, please contact Customer Care.

If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be charged periodically until you cancel. After your initial subscription period and any following periods, your subscription will automatically continue for the price and duration you agreed to when you subscribed, until you cancel.

To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you can continue to use the service until the end of your current term. The subscription will not renew when your term expires.

You can edit your Payment Method information by going to the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed (due to an expired card, insufficient funds, or other reasons), you are still responsible for any uncollected amounts. You authorize us to continue billing the Payment Method as it may be updated. This might change your billing dates.

You also authorize us to get updated or replacement expiration dates and card numbers from your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and your financial institution, credit card issuer, or other provider. If you live outside the Americas, you agree that your payment to Hobbytwin may be processed through Hobbytwin Limited. Certain users may be entitled to a refund. See Section 7d below for more information.

8c. VIRTUAL ITEMS Virtual Items are non-refundable and subject to certain conditions.

From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special features like credits redeemable for Virtual Items such as Super Matches, Best Matches, Live Credits, or Gifts (“Virtual Item(s)”). You can only buy Virtual Items from us or our authorized partners through our Services.

Virtual Items represent a limited license right under this Agreement. No ownership or title to these items is being transferred to you, and this Agreement should not be seen as a sale of any rights in them.

Any balance of Virtual Items shown in your account is not a real-world balance and has no cash value. It’s just a measurement of your license. Virtual Items don’t have fees for not being used, but your license to them will end in accordance with these Terms, specifically when Hobbytwin stops providing our Services, or your account is closed or terminated.

Hobbytwin, at its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute them with or without a charge. Hobbytwin can manage, regulate, control, modify, or eliminate Virtual Items at any time. We may take actions that could affect their perceived value or purchase price. Hobbytwin will not be liable to you or any third party if we exercise these rights. The transfer of Virtual Items is forbidden, and you cannot sell, redeem, or otherwise transfer them to anyone else. They can only be used through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT HOBBYTWIN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER YOU CLOSED IT VOLUNTARILY OR IT WAS CLOSED FOR OTHER REASONS.

8d. REFUNDS

Generally, all purchases are final and nonrefundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, unless the laws in your jurisdiction require us to provide refunds.

For subscribers in the EU, EEA, UK, and Switzerland: According to local law, you have the right to a full refund within 14 days after your subscription begins. Please note that this 14-day period starts on the day your subscription starts.

For subscribers in Germany:
You may cancel your subscription after it has renewed with one month’s notice. Your right to terminate for cause remains unaffected.

For subscribers and purchasers of Virtual Items in the Republic of Korea:
According to local law, you have the right to a full refund for your subscription and/or unused Virtual Items within 7 days of the purchase. This 7-day period begins on the day of the purchase.

For subscribers in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Israel:
Your Right to Cancel – You may cancel your subscription without any penalty or obligation at any time before midnight of the third business day after the date you subscribed. If you die before the end of your subscription period, your estate is entitled to a refund for the portion of your payment that covers the period after your death. If you become disabled (meaning you are unable to use our Services) before the end of your subscription period, you are entitled to a refund for the portion of your payment that covers the period after your disability. You can request this refund by notifying the Company in the same way you would for a regular refund, as described below.

If any of the above situations apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Hobbytwin. To request a refund, you must contact your External Service directly. For example, on your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at Apple Support. For any other purchase, please contact Hobbytwin Customer Service with your order number (found in your confirmation email) by mailing or delivering a signed and dated notice that states you, the buyer, are canceling this Agreement. Please also include the email address or phone number linked to your account, along with your order number.

This notice should be sent to:
Hobbytwin,
Attn: Cancellations,
P.O. Box 59950-00100,
Nairobi, Kenya

9. ACCOUNT TERMINATION

Should you ever want to stop using our Services, or if we have to end your account for any reason, here is what you should know.

You can close your account at any time by logging into the Website or App, navigating to “Settings”, and following the instructions to “Delete Account”. Keep in mind, however, that you must handle any subscriptions or payments made through an External Service (like Apple’s App Store or Google Play) directly with them to prevent future charges.

Hobbytwin holds the right to investigate and, if needed, freeze or permanently close your account without a refund. We may do this if we believe you have broken these Terms, misused our Services, or behaved in a way that we see as improper or unlawful, whether on or off our platforms. We can use any available means—personal, technical, or legal—to enforce these Terms at any time without being held responsible and without needing to give you advance notice. This includes stopping you from accessing the Services.

Even if your account is closed by you or by Hobbytwin, these Terms will still be in effect between you and us. You will not be entitled to any reimbursement for purchases you have already made. Your personal information will be kept and removed in accordance with our Privacy Policy.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

HOBBYTWIN DOES NOT PERFORM CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS. WHILE WE STRIVE TO PROMOTE A RESPECTFUL COMMUNITY, WE ARE NOT ACCOUNTABLE FOR THE ACTIONS OF ANY USER ON OR OFF THE SERVICE. EXERCISE YOUR BEST JUDGMENT WHEN INTERACTING WITH OTHERS AND REVIEW OUR SAFETY TIPS.

YOU ACKNOWLEDGE THAT HOBBYTWIN DOES NOT RUN CRIMINAL BACKGROUND OR IDENTITY CHECKS ON ITS MEMBERS, NOR DO WE LOOK INTO THEIR BACKGROUNDS. HOBBYTWIN DOES NOT MAKE ANY PROMISES OR GUARANTEES REGARDING THE BEHAVIOR, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, GENUINENESS, OR TRUTHFULNESS OF USERS. HOBBYTWIN RESERVES THE RIGHT TO CONDUCT – AND YOU GIVE US PERMISSION TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEARCHES OF THE SEX OFFENDER REGISTRY) AT ANY TIME USING PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THIS PURPOSE. IF THE COMPANY DECIDES TO PERFORM ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO GET AND USE A CONSUMER REPORT ABOUT YOU TO DECIDE IF YOU ARE ELIGIBLE UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT GUARANTEE YOUR SAFETY AND ARE NOT A REPLACEMENT FOR FOLLOWING OUR SAFETY TIPS AND OTHER LOGICAL SAFETY MEASURES. ALWAYS BE CAUTIOUS AND TAKE APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. MESSAGES RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY HOBBYTWIN, MAY BE THE RESULT OF USERS ENGAGING IN IMPROPER ACTIVITIES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH BAD BEHAVIOR.

Although Hobbytwin works to foster a positive user experience, we are not responsible for the conduct of any user on or off the Service. You agree to be careful in all your interactions with other users, especially if you decide to communicate outside the Service or meet in person.

11. DISCLAIMER

HOBBYTWIN’S SERVICES ARE PROVIDED “AS IS,” AND WE DO NOT MAKE, NOR CAN WE MAKE, ANY GUARANTEES ABOUT THE CONTENT OR FEATURES OF OUR SERVICES OR MEMBER CONTENT.

HOBBYTWIN OFFERS OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS ALLOWED BY APPLICABLE LAW, WE OFFER NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT WITHIN THEM). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT. HOBBYTWIN DOES NOT STATE OR PROMISE THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR WITHOUT ERRORS, (B) ANY FLAWS OR ERRORS IN OUR SERVICES WILL BE FOUND OR FIXED, OR (C) ANY CONTENT OR INFORMATION YOU GET FROM OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR SUITABLE FOR YOUR NEEDS. FURTHERMORE, HOBBYTWIN MAKES NO GUARANTEES ABOUT THE NUMBER OF ACTIVE USERS AT ANY GIVEN TIME; THE ABILITY OR DESIRE OF USERS TO COMMUNICATE OR MEET WITH YOU; OR THE FINAL COMPATIBILITY OR BEHAVIOR OF USERS YOU MEET THROUGH THE SERVICES.

HOBBYTWIN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR A THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES. LIKEWISE, HOBBYTWIN DOES NOT TAKE RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, HONESTY, OR TRUTHFULNESS OF ANY USERS YOU MAY TALK TO ON HOBBYTWIN. ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF OUR SERVICES ARE ACCESSED AT YOUR OWN RISK AND DISCRETION. HOBBYTWIN IS NOT RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

12. DIGITAL MILLENNIUM COPYRIGHT ACT

We take copyright infringement very seriously. We need your help to make sure we handle it quickly and effectively.

Hobbytwin has adopted a policy for copyright infringement that follows the Digital Millennium Copyright Act (the “DMCA”). If you believe that any Member Content or Our Content violates your intellectual property rights, please submit a notification (“DMCA Takedown Notice”) that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
  • Identification of the copyrighted work that is claimed to have been infringed, or if a single notification covers multiple works at one online location, a representative list of those works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and is to be removed or have access disabled, and information that is reasonably sufficient to allow the service provider to locate the material.
  • Information that is reasonably sufficient for the service provider to contact you, such as your address, phone number, and, if available, your email address.
  • A statement that you have a good faith belief that the use of the material in the manner you are complaining about is not authorized by the copyright owner, their agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Any DMCA Takedown Notices should be sent to [email protected], by phone at 646-918-5048, or by mail to the following address: Hobbytwin Ltd, P.O. BOX, 59950-00100, Nairobi, Kenya.

Hobbytwin will shut down the accounts of users who repeatedly infringe on copyrights.

13. ADS AND THIRD-PARTY CONTENT

You might see ads and promotions from other companies on our Services. Hobbytwin does not officially support them and is not responsible for your interactions with those products or services.

Our Services may contain advertisements and promotions from third parties, as well as links to other websites or resources. Additionally, our Services might allow you to watch an advertisement in exchange for Virtual Items; Hobbytwin does not guarantee that you will always be eligible to watch these ads or that they will always be available. Hobbytwin may also provide links or references to third parties for non-commercial purposes within its content. We are not responsible for whether any external websites or resources are available, or for their content. Furthermore, Hobbytwin is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, their own terms will govern your relationship with them. Hobbytwin is not responsible or legally obligated for those third parties’ terms or actions.

14. LIMITATION OF LIABILITY

HOBBYTWIN’S FINANCIAL RESPONSIBILITY IS LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, HOBBYTWIN, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS WILL NEVER BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER NON-PHYSICAL LOSSES, THAT RESULT FROM: (I) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES; (II) THE BEHAVIOR OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR RELATED TO THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR MODIFICATION OF YOUR CONTENT, EVEN IF HOBBYTWIN HAS BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOBBYTWIN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID, IF ANY, TO HOBBYTWIN FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTHS IMMEDIATELY BEFORE THE DATE YOU FIRST FILE A LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL ACTION AGAINST HOBBYTWIN, WHETHER IT IS BASED ON STATUTE, LAW, OR EQUALITY, IN ANY TRIBUNAL. THE LIMITATION ON DAMAGES DESCRIBED IN THE SENTENCE IMMEDIATELY BEFORE THIS ONE APPLIES (I) NO MATTER THE BASIS OF THE LIABILITY (WHETHER IT IS DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (II) REGARDLESS OF THE TYPE OF VIOLATION OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (III) FOR ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET OUT IN THIS SECTION 14 WILL APPLY EVEN IF YOUR LEGAL REMEDIES UNDER THIS AGREEMENT FAIL IN THEIR PRIMARY PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGES TO BE LIMITED, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. DISPUTE RESOLUTION

If we ever find ourselves in a legal disagreement, here’s how the parties agree to proceed. This applies unless the law in your region says otherwise.

Any part of this dispute resolution section that is against the law in your specific location won’t apply to you. This includes certain subsections, which won’t apply to users in the EU, EEA, UK, or Switzerland. For those in the EU, the online dispute settlement platform of the European Commission available here to help settle disputes online. Hobbytwin does not participate in consumer arbitration processes for users in these regions.

15a. Talking It Out First

If you’re not happy with our Services for any reason, please reach out to Hobbytwin Customer Service first. We’d love to try and fix your concerns without needing any outside help. If you do decide to move forward with a dispute, claim, or disagreement against Hobbytwin, these rules will apply. For the purpose of this process and the arbitration steps outlined in Section 15, “Hobbytwin” includes our affiliated companies, employees, licensors, and service providers.

We highly value our connection with you and believe that resolving disagreements informally benefits everyone. A “Dispute” is any argument, claim, or controversy between you and Hobbytwin that relates to this Agreement (including any claims that we’ve broken it), our Service, or our relationship. The term “Dispute” has the broadest possible meaning and covers claims that arose before this or any past Agreement, as well as those that arise during or after this Agreement ends (unless you enter into a new Agreement with Hobbytwin).

If you have a Dispute with Hobbytwin (“Your Dispute”), before you formally file for arbitration or take it to small claims court, you must first send a detailed notice (“Notice”) to Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA. However, if Your Dispute involves individual claims of sexual assault or sexual harassment related to your use of the Services, you don’t need to send this Notice before proceeding with your claims as described in Section 17.

If Hobbytwin has a Dispute with you (“Hobbytwin’s Dispute”), we will first send a Notice to your most recent email address on file, or if no email is on file, to other contact information associated with your account.

Your Notice must include:

  1. Your full name.
  2. Details to help Hobbytwin identify your account, such as a profile picture or screenshot, your address, mobile number, email address, and date of birth used for registration.
  3. A thorough description of Your Dispute, explaining the nature and factual basis of your claim(s) and the specific outcome or damages you’re seeking.

You must sign this Notice personally for it to be valid. Hobbytwin’s Dispute Notice will similarly detail Hobbytwin’s Dispute, including its factual basis and the relief we are seeking, along with our calculated damages.

After sending the Notice, you and Hobbytwin agree to negotiate in good faith to resolve the Dispute. During these talks, Hobbytwin may request a phone call with you to discuss Your Dispute, and you agree to participate personally, with your attorney if you have one. Similarly, you can request a phone call to discuss Hobbytwin’s Dispute, and we’ll have a representative join. (For clarity, Hobbytwin’s termination of your account, as mentioned in Section 4, is not considered Hobbytwin’s Dispute with you.)

This informal process is meant to help resolve the Dispute. However, if the Dispute isn’t settled within 60 days after a complete Notice is received, and we haven’t mutually agreed to extend this period, either you or Hobbytwin can start arbitration (unless a small claims court option is available, as noted below).

Completing this informal resolution is a mandatory step before starting arbitration or filing in small claims court (except for individual sexual assault or harassment claims related to your use of the Services). Failing to do so is a violation of this Agreement. The time limits for statutes of limitations and filing fees will be paused during this informal process. Unless prohibited by law, the arbitration provider, National Arbitration and Mediation (“NAM”), will not accept or manage any arbitration demand unless the party initiating it can prove in writing that they fully met the requirements of this informal dispute resolution process. A court with jurisdiction can enforce this rule and stop any arbitration or small claims court action.

All discussions, offers, and statements made during this informal process are confidential and cannot be used in any later proceeding (except to prove that the process was followed before starting arbitration), provided that evidence that would be admissible or discoverable otherwise remains so.

15b. Individual Resolution: No Class Actions or Jury Trials

TO THE MAXIMUM EXTENT LAW ALLOWS, YOU AND HOBBYTWIN EACH AGREE TO GIVE UP YOUR RIGHT TO A JURY TRIAL AND TO LITIGATE DISPUTES IN COURT, CHOOSING INSTEAD TO RESOLVE THEM THROUGH INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR INDIVIDUAL SEXUAL ASSAULT OR SEXUAL HARASSMENT CLAIMS RELATED TO YOUR USE OF THE SERVICES, AS SPECIFIED HEREIN). YOU AND HOBBYTWIN EACH ALSO GIVE UP THE RIGHT TO JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER, OR TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST HOBBYTWIN. TO THE FULLEST EXTENT ALLOWABLE BY LAW, NO CLAIMS CAN BE ARBITRATED OR LITIGATED AS A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT, PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO GRANT THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR CANNOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION AS PART OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. IF A COURT FINDS THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A SPECIFIC CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS ARE UPHELD AND THE DECISION IS FINAL, THEN YOU AND HOBBYTWIN AGREE THAT SUCH PARTICULAR CLAIM OR REQUEST FOR RELIEF WILL PROCEED IN COURT BUT WILL BE TEMPORARILY HALTED PENDING INDIVIDUAL ARBITRATION OF YOUR REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) WILL BE INVALID. THIS PARAGRAPH IS A CRUCIAL PART OF THIS ARBITRATION AGREEMENT.

15c. Resolving Disputes Through Arbitration or Small Claims Court

Any Dispute (that isn’t resolved informally by Hobbytwin Customer Service or as outlined in Subsection 15a) will be exclusively settled through BINDING INDIVIDUAL ARBITRATION, except as specifically stated otherwise in this Dispute Resolution Section.

However, either you or Hobbytwin can choose to have an individual claim heard in small claims court. Also, individual claims of sexual assault or sexual harassment that occur while using the Services can be brought as specified in Section 17. If a small claims court election is made after arbitration has begun but before an arbitrator is appointed, the arbitration will be administratively closed by the arbitration provider. Any question about whether a small claims court has jurisdiction will be decided solely by that court. Decisions made by a small claims court will not legally bind Hobbytwin in any proceeding with anyone other than you. If a small claims court decides it doesn’t have jurisdiction to hear the Dispute, then you and Hobbytwin will arbitrate the Dispute under this Agreement.

All other issues (except as noted) are exclusively for the Arbitrator to decide. This includes the scope and enforce-ability of this Dispute Resolution Section, questions about whether arbitration is applicable, any request to proceed in small claims court after an arbitrator has been appointed, and any disagreement about whether either Party has breached or defaulted on the Dispute Resolution Section or has waived the right to arbitrate. If a court determines that a small claims court election is unenforceable for your Dispute, that election will be separated from this Agreement for your Dispute. However, this court decision will not be binding or have preclusive effect in any proceeding involving Hobbytwin and someone other than you.

Any court action to enforce this Dispute Resolution Section 15, including confirming, modifying, or vacating an arbitration award, must be started as per Section 17. If Dispute Resolution Section 15 is found to be unenforceable for any reason, any legal action against Hobbytwin (other than small claims court actions) can only be filed in the federal or state courts located in Nairobi, Kenya or Georgetown, Delaware. You irrevocably agree to these courts’ exercise of personal jurisdiction over you for these purposes and waive any claim that these courts are an inconvenient location.

15d. Individual Arbitration and Mass Arbitration Procedures

This Subsection 15d applies to Disputes submitted to NAM after fully completing the informal dispute resolution process in Subsection 15a, when neither you nor Hobbytwin elects small claims court. Any arbitration between you and Hobbytwin will be managed by NAM according to NAM’s current Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect when the arbitration demand is filed, as modified by this Dispute Resolution Section 15. You can find copies of the NAM Rules on their website or visit visit Rules, Fees & Forms – National Arbitration and Mediation or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at [email protected]. You can also contact them at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at [email protected]. If NAM is unable or unwilling to fulfill its duties, the Parties will mutually agree on an alternative administrator, and this Agreement will take precedence if it conflicts with the administrator’s rules. If we can’t agree, a court will appoint an administrator.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section (subject to the small claims court election mentioned above):

  • Starting an Arbitration: To start arbitration, you or Hobbytwin must send NAM a demand for arbitration (“Demand for Arbitration”) that details the claim(s) and relief sought, consistent with this Agreement and the NAM Rules. If you send a Demand for Arbitration, you must also send it to Hobbytwin at Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA, within 7 days of submitting it to NAM. If Hobbytwin sends a Demand for Arbitration, we will send it to your address on file within the same 7-day period. If your address isn’t available, we’ll use your email or other contact information. The arbitration provider will not accept or process any demand that doesn’t certify in writing that the requirements of Dispute Resolution Section 15 were met, or if either Party elects small claims court.
  • Fees: The payment of NAM fees will follow the NAM Rules, unless the case is part of a Mass Filing (explained below) or the Arbitrator orders a reallocation of fees and costs. If you demonstrate financial hardship, we will consider a request to help with your portion of the filing fee. Hobbytwin is committed to ensuring that arbitration costs don’t prevent consumers from resolving disputes. If Hobbytwin initiates arbitration against you, we will cover all NAM fees.
  • The Arbitrator: The arbitration will be handled by a single, neutral arbitrator (“Claim Arbitrator”), assisted by a Process Arbitrator if needed according to NAM Rules. The Arbitrator is bound by and must follow this Agreement. If NAM Rules conflict with this Agreement, this Agreement will govern. If the Arbitrator finds that a strict application of any part of Section 15 would be unfairly burdensome (the “Unfair Term”), they can modify that term to ensure a fair arbitration process that aligns with the Terms of Use (the “Modified Term”).
  • Dispositive Motions: The Claim Arbitrator can consider motions that could end the case without a hearing. These can be requested based on the initial claims or for summary judgment after evidence is submitted.
  • Discovery: Each Party may request up to five sets of relevant, non-privileged documents and ask for verified answers to up to 5 interrogatories (including sub-questions). No other forms of discovery, like depositions, are generally allowed. Discovery requests must be made within 21 days after the Claim Arbitrator’s appointment, and responses are due within 30 days. Deadlines may be extended if a dispositive motion is considered. The Claim Arbitrator will manage any disputes over discovery, considering the case’s nature, cost, and necessity.
  • Confidentiality: If requested, the Arbitrator will order that confidential information shared during arbitration remains confidential and is only used for the arbitration or to enforce the award. Court filings of confidential information must be done under seal.
  • Arbitration Hearing: Both Parties are entitled to a fair evidentiary hearing. However, the Parties agree to waive oral hearings and submit disputes for an award based on written submissions unless a Party requests an oral hearing at least 10 days after the response is filed. If an oral hearing is requested, both Parties must attend personally. Failure to attend without a continuance will result in a default judgment.
  • Arbitration Award: The Claim Arbitrator will provide a reasoned, written decision within 30 days after the hearing or after final written statements are submitted. The award will detail the relief granted and the reasons behind it. The award is binding only between you and Hobbytwin and won’t preclusively affect other proceedings involving different parties. The Arbitrator may award fees and costs allowed by NAM Rules or court. This includes awarding fees if a claim or defense is found to be frivolous, brought for an improper purpose, for harassment, or in bad faith.
  • Offer of Settlement: Either Party may make a written settlement offer before the hearing or dispositive motion ruling. The terms of the offer will not be disclosed to the Claim Arbitrator until after the award is issued. If the award is less favorable than the settlement offer, the opposing Party must pay the costs incurred by the offering Party after the offer was made, including attorney’s fees.
  • Mass Filing: If 25 or more similar arbitration demands are filed against Hobbytwin or related parties by the same or coordinated counsel or entities (“Mass Filing”), specific additional procedures will apply. You acknowledge that your Dispute might be delayed, and statutes of limitations will be paused from when the first cases are chosen until your case proceeds in a bellwether proceeding. NAM’s Mass Filing Rules will apply if NAM deems your Dispute part of a Mass Filing. This election must be made in writing to NAM and all Parties.
  • Bellwether Proceedings: To handle multiple disputes involving similar claims efficiently, courts and arbitration administrators encourage bellwether proceedings. For the first set, counsel for claimants and Hobbytwin will each choose 15 demands (30 total) to proceed, with each presided over by a different Claim Arbitrator. No other demands from the Mass Filing will be processed until these are resolved.
    If the Parties can’t resolve remaining demands after the first set, they will continue with additional rounds of bellwether proceedings, increasing the number of demands selected by each Party in each subsequent round. If, after the fifth round, unresolved demands remain, counsel will discuss with NAM a fair process for adjudicating the rest individually. The Procedural Arbitrator will decide the number of demands that can proceed individually and how they will be selected. A demand not included in bellwethering will only be considered filed once selected for processing.
    The Parties can agree to skip bellwether proceedings for additional demands. Fees for Mass Filings will only be due after a demand is selected for a bellwether proceeding or by the Procedural Arbitrator. The Parties are encouraged to discuss ways to streamline proceedings, including potentially increasing the number of demands adjudicated in staged bellwether sets. Either Party can negotiate with NAM regarding fee reductions and procedural streamlining. If you are a Mass Filing claimant, any applicable statute of limitations will be paused from when you start the informal dispute resolution process until your demand is selected for a bellwether proceeding or by the Procedural Arbitrator. A court with jurisdiction under Section 17 can enforce this subsection.

You and Hobbytwin agree to act in good faith to ensure fair resolution of genuine disputes. We agree that these Mass Filings procedures are designed for efficient and fair adjudication of such cases.

15e. FUTURE CHANGES AND RETROACTIVE APPLICATION

This part of the Agreement about resolving disputes applies to all disagreements between us, including any claims that may have started before you agreed to these Terms and any that may start after you agree. Despite anything else in this Agreement, you can choose to opt out of the retroactive part of this section. This means you can choose for this section not to apply to claims that already existed before you agreed to these Terms.

To opt out, you must send us a written notice within 30 days of the date you agreed to this Agreement. Send this notice to the following email address: [email protected]. Please do not use this email for any customer support questions, as they will not be answered. For support, please contact Customer Service.

Your notice must include enough information to identify your account(s), such as the email address or phone number you used. It should also include a clear statement that you are opting out of the retroactive application of this Dispute Resolution Section 15.

Please note: If you opt out of this retroactive application, you are still bound by any previous dispute resolution sections and arbitration rules you may have already agreed to. Also, regardless of whether you opt out of the retroactive application of these changes, any new claims that arise against you or Hobbytwin after you agree to this Agreement will be handled according to this Dispute Resolution Section.

16. GOVERNING LAW

Kenya National Law and/or Delaware law and the Federal Arbitration Act will be used to handle any legal dispute (except where prohibited by law).

Kenya National Law and/or the laws of Delaware, U.S.A., without considering its rules on legal conflicts, will specifically apply to any disagreement that comes from or relates to this Agreement or our Services. Additionally, the Dispute Resolution Process in Section 15 will be governed by the Federal Arbitration Act.
In the EU and EEA, the choice of Kenya National Law and/or Delaware law will not apply only where a mandatory consumer protection law specifically forbids such a choice of law.

17. VENUE/FORUM SELECTION

To the fullest extent allowed by law, any claims that are not resolved through arbitration must be handled in court in Nairobi, Kenya or in Georgetown, Delaware (except for claims filed in small claims court, or for users living in the EU, EEA, UK, or Switzerland or another place where the law prohibits this).

Except where forbidden by law, including for users living in the EU, EEA, UK, or Switzerland, who can bring claims in their home country according to their local laws, and except for claims heard in a small claims court as mentioned in Section 15, any claims that come from or relate to this Agreement (including any challenges to the class action waiver in subsection 15b), our Services, or your relationship with Hobbytwin that are not required to go to arbitration or small claims court, will be litigated exclusively in the federal or state courts in Nairobi, Kenya or Georgetown, Delaware, U.S.A. You and Hobbytwin both consent to the personal jurisdiction of courts in Nairobi, Kenya or in the State of Delaware and waive any claim that these courts are an inconvenient place to handle a case.

18. INDEMNITY BY YOU

You agree to cover Hobbytwin’s costs if a claim is brought against us because of something you did.

You agree, as permitted by applicable law, to protect, defend, and hold harmless Hobbytwin, our affiliates, and our and their respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees, that are caused by, arise from, or relate in any way to your access or use of our Services, Your Content, your behavior toward other users, or your violation of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

19. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether on a mobile device, through a mobile app, or on a computer, you agree to be legally bound by (i) these Terms, which we may update occasionally, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not allowed to use our Services.

All pronouns and their variations will be considered to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the entities or people mentioned may require.

20. ENTIRE AGREEMENT

This Agreement replaces any previous agreements or statements.
These Terms, along with the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any Additional Terms Upon Purchase, make up the full and complete agreement between you and Hobbytwin regarding the use of our Services. These Terms override all prior agreements, statements, and arrangements between us, whether they were written or spoken. If any part of these Terms is found to be invalid, illegal, or otherwise unenforceable, the rest of the Terms will remain in full force and effect. If the Company fails to use or enforce any right or provision of these Terms, it does not mean we have given up that right or provision. You agree that your Hobbytwin account cannot be transferred, and all of your rights to your account and its content end when you die, unless the law provides otherwise. Any rights and licenses granted under this Agreement cannot be transferred or assigned by you, but we can assign them without any restrictions. These Terms do not create any special relationship, such as an agency, partnership, joint venture, or employment, and you cannot make any statements or promises on behalf of or legally bind Hobbytwin in any way.

21. SPECIAL TERMS FOR RESIDENTS OF CERTAIN LOCATIONS

Special terms apply in Israel, Denmark, Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.

For subscribers who live in New York:

  • Our Services do not promise a certain number of “referrals”—instead, the functionality is designed so that a subscriber can view as many hobby matches as they wish.
  • With a written notice sent to Hobbytwin Legal, P.O. Box 59950-00100, Nairobi, Kenya, subscribers can put their subscription on hold for up to one year.
  • How your information is used and how you can access it is explained in Section 5 and our Privacy Policy.
  • Even though Hobbytwin is not a dating service, you have the right to review the New York Dating Service Consumer Bill of Rights.

For subscribers who live in North Carolina:

For subscribers who live in Illinois, New York, North Carolina, and Ohio:

  • Our Services are widely available in the United States. If you believe you have moved to a location where we no longer provide the Services, please contact us in writing by sending a letter to Hobbytwin Legal, P.O. Box 59950-00100, Nairobi, Kenya, and we will work with you to provide an alternative service or a refund.

For subscribers who live in Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

  • Your Right to Cancel: You can cancel your subscription without penalty or obligation at any time before midnight on the third business day after you subscribed. If you pass away before your subscription period ends, your estate is entitled to a refund for the portion of your payment that covers the time after your death. If you become disabled (meaning you are unable to use our Services) before the end of your subscription, you are entitled to a refund for the portion of your payment that covers the time after your disability. You can request this refund by notifying the Company in the same way you would for a regular refund, as described in Section 8 above.

If you have any questions or concerns regarding our Terms of Use please direct them to:
[email protected]

Date of last revision Sept 14th, 2025

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