Terms of Use

1. Agreement

These Terms of Use ("Terms") form a binding agreement between you and Spicy Date Night ("we", "us"). By accessing or using the website, app, or related services (collectively, the "Service") you agree to these Terms, our Privacy Policy, and our Safety & Community Guidelines. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years of age (or the age of majority where you live, whichever is higher) and legally able to view sexually explicit material under the laws that apply to you. The Service is not available where adult content is prohibited. You are responsible for ensuring your use is lawful where you are.

3. Consent & safety

Every prompt, dare, and challenge is a suggestion — never an obligation. Any participant may decline, swap, or stop a round at any time, for any reason, without explanation. Pick a safe word at the start of your session and honour it. Respect each player's stated limits and preferences. See our Safety guidelines for details.

4. Prohibited content & conduct

You may not, and you may not allow others to, use the Service to create, share, request, or solicit any of the following:

• Any sexual or suggestive content involving minors (anyone under 18), real or fictional, including child sexual abuse material (CSAM).
• Non-consensual sexual content, rape, coercion, or content depicting someone unable to consent.
• Incest, bestiality, necrophilia, snuff, mutilation, or other illegal sexual conduct.
• Harassment, threats, doxxing, hate speech, or targeting of protected groups.
• Content that infringes the intellectual property, privacy, or publicity rights of others.
• Spam, scams, malware, scraping, or any attempt to disrupt the Service.

Violations may result in immediate removal of content, account termination without refund, and where appropriate reporting to law enforcement (including NCMEC for CSAM).

5. Accounts

You are responsible for the security of your sign-in credentials and for all activity on your account. Notify us at hello@spicydatenight.com if you suspect unauthorised use.

6. Purchases & access

Paid access is sold as time-limited digital passes: a 24-hour pass (US$1.99) and a 7-day pass (US$6.99), both one-time charges that do not auto-renew, and an Unlimited monthly plan (US$12.99/month) that renews until you cancel. Applicable sales tax or VAT is calculated at checkout. Billing is handled by our payment processor under their terms; charges appear under a discreet descriptor.

Access is unlocked immediately, so purchases are generally non-refundable and unused time is not pro-rated, except where consumer law requires otherwise or where we made a billing error. Full details, including how to cancel a subscription and how to request a refund, are in our Refund Policy, which forms part of these Terms.

7. User-submitted content & moderation

If you submit prompts, dares, captions, or other content ("User Content"), you confirm that the content is your original work or properly licensed, is lawful, and involves only consenting adults. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display, and distribute the User Content for the purpose of operating, improving, and promoting the Service. You may withdraw this licence by deleting the content or your account, except for copies already incorporated into other players' gameplay history.

Every submission is queued for human moderation and is visible only to you until a moderator approves it — nothing you submit is auto-published to other players. Submissions are also screened automatically for prohibited themes and are rate-limited. We may reject, edit, or remove User Content at any time, with or without notice, and reported content can be pulled from circulation pending review. Report anything that slips through at /report or safety@spicydatenight.com.

8. Visual content (Caption This)

Images shown in Caption This are sourced from public-domain or openly-licensed museum and archival collections (classical and erotic art). If you believe an image is misattributed, infringes your rights, or should be removed, contact us at dmca@spicydatenight.com with the URL, the original work, and proof of ownership.

9. DMCA & copyright

To file a DMCA notice email dmca@spicydatenight.com with: a description of the copyrighted work; the exact URL of the allegedly infringing material; your contact information; a statement that you have a good-faith belief the use is unauthorised; a statement under penalty of perjury that the information is accurate and that you are authorised to act; and your physical or electronic signature. We respond to valid notices promptly and may terminate repeat infringers.

10. No medical, therapeutic, or legal advice

The Service is entertainment. It is not a substitute for sexual-health information, therapy, or relationship counselling. Use your own judgment about what is safe for your body and your relationship, and consult appropriate professionals where needed.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY PHYSICAL, EMOTIONAL, OR RELATIONAL OUTCOMES OF PLAYING. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US$20, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, IN WHICH CASE THEY APPLY ONLY TO THE EXTENT PERMITTED.

13. Indemnity

You agree to indemnify and hold us harmless from any claim, damage, or expense (including reasonable legal fees) arising from your use of the Service, your User Content, or your violation of these Terms or any law or third-party right.

14. Termination

We may suspend or terminate access for any violation of these Terms — especially anything involving minors or non-consent — at any time, with or without notice, and without refund.

15. Dispute resolution & binding arbitration

Please read this section carefully — it affects how disputes are resolved. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules.

Informal resolution first. Before starting a formal proceeding, you agree to email support@spicydatenight.com with a short description of the dispute and the relief you want, and to give us 30 days to resolve it. Most issues (especially billing) are fixed at this step.

Binding arbitration. If we cannot resolve it informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be settled by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Delaware, USA or conducted remotely/by telephone at your election, with judgment on the award enforceable in any court of competent jurisdiction. The arbitrator decides all issues, including the scope and enforceability of this clause.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property misuse or unauthorised access to the Service. Nothing here waives any non-waivable right, and where mandatory consumer-protection law in your country of residence gives you the right to sue locally, that law prevails over this section.

Class-action & jury waiver. Disputes must be brought individually. You and we waive any right to a jury trial and to participate in a class, collective, consolidated, or representative action, to the fullest extent permitted by law.

Opt-out. You may reject this arbitration agreement by emailing support@spicydatenight.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms; in that case disputes go to the state or federal courts located in Delaware, USA. Claims must be brought within one year of when they arose.

16. Changes

We may update these Terms. Material changes will be noted by updating the date above and, where appropriate, by an in-app prompt to re-acknowledge. Continued use after an update means you accept the new version.

17. Contact

The Service is operated by Spicy Date Night (spicydatenight.com).
Support: support@spicydatenight.com
Billing & refunds: billing@spicydatenight.com
Safety / abuse: safety@spicydatenight.com
DMCA / copyright: dmca@spicydatenight.com
Privacy / data requests: privacy@spicydatenight.com