Terms of Service

By accessing or using who. (the “Service”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, do not access or use the Service. We may offer translations of these Terms for convenience; the English version controls in the event of a conflict.

You must be at least 18 years old to create an account or use the Service. who. involves public and searchable profiles and person-to-person connection features, and we’ve chosen the most protective age policy available to us as a result. We require you to provide your date of birth and confirm that you are at least 18 at sign-up, and we block anyone whose stated date of birth is under 18. Unless expressly stated otherwise, who. does not independently verify a user’s age or identity beyond this self-reported date of birth; providing a false date of birth is a violation of these Terms.

The Service is not directed to, and is not intended for use by, anyone under the age of 18, and no one under 18 may use the Service under any circumstances. If we become aware that we have collected personal information from a person under 18, we will remove that information consistent with our Privacy Policy and applicable legal, safety, fraud-prevention, and record-preservation obligations. If you are a parent or guardian and believe your child under 18 has provided us with personal information, contact us at hello@getwho.app.

By using the Service, you represent that you meet these age requirements and that you have the legal capacity to enter into these Terms.

who. is strictly an 18+ platform. If we discover that a user is under 18 years of age — regardless of how they created an account — we will immediately terminate their account and remove their profile and all associated data from the Service. No exceptions will be made.

United States only. The Service is offered only to users located in the United States. It is not directed to, or intended for use by, anyone outside the United States, and by using the Service you represent that you are located in the United States. We may block, restrict, or terminate access from outside the United States. If we determine you are located outside the United States, we may suspend or close your account.

Criminal-history and sanctions representation. By creating an account and using the Service, you represent and warrant that you have never been convicted of, or pled no contest to, a felony, a sex crime, or any crime involving violence; that you are not required to register as a sex offender with any jurisdiction; and that you are not identified on any U.S. government list of specially designated, prohibited, or restricted parties. If any of these becomes untrue while you have an account, you must stop using the Service and delete your account.

You are responsible for providing accurate information when creating your account and for keeping your login credentials secure. You are responsible for all activity that occurs under your account, whether or not you authorized it.

We may suspend, restrict, or terminate your account, and remove or limit visibility of your profile, if we reasonably believe your account information is false or misleading, you are impersonating another person or entity, you are abusive toward other users, or you have otherwise violated these Terms or applicable law.

One account; no account sharing. You may hold only one account at a time, you may not share your account with anyone else, and you have no ownership or property interest in your account or username — we may reclaim usernames at any time. If we terminate or ban your account for a violation of these Terms, you agree not to create a new account or otherwise access the Service, including by using a different name, email, device, or method to evade the ban.

You control what you put in your profile, but please keep the following in mind:

• Some profile information may be visible to other users, and some may be visible to anyone, depending on your visibility settings.
• A limited public preview of your profile (such as your name, handle, photo, and headline) may be searchable and viewable by people you have not connected with.
• Visibility of your full profile depends on your settings — options may include preview-only until connected, fully public, or hidden from search — and on whether another user is an accepted connection.
• Do not include sensitive information (such as your home address, financial details, or anything you would not want a stranger to see) in fields visible to people you have not connected with.
• Your profile link and QR code can be screenshotted, forwarded, or posted by others once shared, even outside the Service, and we cannot control or undo that once it happens.

You retain ownership of the content you submit to the Service (your “User Content”), including your profile information and photos. By submitting User Content, you grant who. a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute that content solely as necessary to operate, provide, and improve the Service (for example, showing your profile to other users per your visibility settings).

You are solely responsible for your User Content and represent that you have the necessary rights to post it and that it does not violate these Terms or any law or third-party right. We may remove or restrict access to any User Content that we believe, in our discretion, violates these Terms, harms other users, or harms the Service.

Your photos and Moments should depict you, the account holder. Because who. is an adults-only service, you must not upload or display images in which a minor (any person under 18) is a subject or is individually identifiable — this applies even to family or otherwise innocent photos, and regardless of your relationship to the minor. You are responsible for obtaining any necessary consent from other adults who appear in your content.

Image moderation. You are responsible for the images you upload, and they must comply with these Terms and the law. We review images and other content that are reported to us, and we may remove any content — and suspend or terminate any account — that violates these Terms. We may also use automated tools to help detect prohibited content. Where content is illegal (such as CSAM), we will preserve it as required and report it to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement.

You agree not to, and not to attempt to:

• Harass, threaten, abuse, or express hatred toward any person or group.
• Impersonate any person or entity, or misrepresent your identity, age, or affiliation.
• Post, share, or threaten to share another person’s private or identifying information — including phone numbers, home or work addresses, workplace, daily schedule or whereabouts, financial details, identification documents, or photographs — without their explicit consent (often called “doxxing”). This is prohibited and may be a criminal offence in some jurisdictions.
• Post, share, or facilitate sexual content involving, or exploitation of, minors — this will be reported to law enforcement and the National Center for Missing & Exploited Children where applicable.
• Upload, post, or display photos or other content in which a minor (any person under 18) is a subject or is individually identifiable. who. is an adults-only service; the photos and Moments on your profile should be of you, and must not feature children. This applies regardless of your relationship to the minor or your intent, and includes otherwise innocent images. We may remove such content and, where required, report it.
• Send spam, or use bots, scrapers, or other automated means to access, collect data from, or interact with the Service.
• Reverse engineer, decompile, probe, or attempt to interfere with the Service’s security, infrastructure, or normal operation.
• Upload viruses, malware, or other harmful code.
• Use the Service for any unlawful purpose.
• Use the Service to stalk, intimidate, or otherwise harm another person.
• Attempt to bypass privacy, visibility, or security controls, including scraping preview or full profile data.

who. lets you request to connect with, and potentially message, other users. You are solely responsible for your interactions with other users, whether on or off the Service. We do not verify all users’ identities, backgrounds, or intentions, and we make no guarantees about the conduct, safety, or honesty of any user.

Use good judgment before sharing personal information, meeting someone in person, or otherwise acting on information from the Service. Messages you send through the Service are stored to provide the messaging feature and are not end-to-end encrypted; we may access, monitor, remove, or report content as reasonably necessary to operate the Service, enforce these Terms, or comply with law, or where we believe in good faith it is necessary to prevent harm.

who. is a tool for introductions and identity context — a way to give someone a fuller sense of who you are before or after you meet. It is not a background-check, verification, or safety service, and we do not verify the identity, intentions, or trustworthiness of any user.

who. does not conduct criminal background checks on users or otherwise inquire into their backgrounds, and we make no representation about the conduct of any user. We reserve the right, but assume no obligation, to conduct screenings (including searches of public records and sex-offender registries) and to remove or block any user, in our sole discretion — for example, in response to a report. Any such screening is not a guarantee, is not foolproof, may be incomplete or out of date, and should never give you a false sense of security. You interact with other users entirely at your own risk.

We are not responsible for what happens between users, including any in-person meeting, relationship, business dealing, transaction, or communication. You are solely responsible for your own safety and decisions, including whether, when, and how to meet or communicate with anyone you encounter through the Service. If you ever feel unsafe, contact local law enforcement.

Reporting. You can report a profile, image, or message that violates these Terms at any time using the report option in the app, or by emailing our safety team at safety@getwho.app. We review reports and act on violations, including removing content and terminating accounts. Child-safety concerns are treated with the highest priority and, where applicable, reported to NCMEC and law enforcement.

Intimate images and deepfakes. Publishing a non-consensual intimate image of another person, or a digitally created or altered (“deepfake”) intimate depiction of an identifiable person, is strictly prohibited. If such an image of you — authentic or altered — has been published on who., you can request its removal at who. /take-it-down (no account required) or by emailing safety@getwho.app with the location of the content (such as the profile or link) and a good-faith statement that it was shared without your consent. Please do not attach the explicit image itself — the location details are enough. Consistent with the federal TAKE IT DOWN Act, we will remove validly reported content as soon as possible and within 48 hours of a valid request, take reasonable steps to prevent re-uploads of the same image, and remove the offending account.

who. may facilitate introductions that lead to in-person meetings, and you understand and agree that any such meeting is undertaken entirely at your own risk. To the maximum extent permitted by law, you assume all risk of harm, injury, loss, or damage — physical, financial, emotional, or otherwise — arising from or related to meeting, communicating with, or otherwise interacting with any other user, whether that interaction happens on or off the Service.

We strongly encourage common-sense precautions before any in-person meeting: meet in a public place, tell a friend or family member where you’re going and who you’re meeting, and trust your judgment if something feels wrong. who. has no ability to supervise, and no responsibility for, what happens once you and another user choose to meet.

Release. To the maximum extent permitted by law, you release who. and its operators, employees, and agents from any and all claims, demands, damages, losses, and causes of action of any kind — including personal injury, death, and property damage — arising out of or in any way connected with your interactions with, or the conduct of, any other user, whether online or offline. If you are a California resident, you expressly waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to a claim arising from who.’s own fraud or intentional misconduct.

Our Privacy Policy explains what information we collect, how we use it, and the choices available to you, and is incorporated into these Terms by reference. Please review it before using the Service.

The Service, including its name, logo, design, software, and all associated branding and content we create (excluding User Content), is owned by who. and its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, or otherwise exploit the Service or any part of it without our prior written permission.

If you believe content on the Service infringes your copyright, send a written notice to hello@getwho.app identifying the copyrighted work, the material you claim is infringing and its location on the Service, your contact information, a statement that you have a good-faith belief the use is unauthorized, and a statement made under penalty of perjury that the notice is accurate and that you are the copyright owner or authorized to act on their behalf. We will remove or disable access to material we determine, in our discretion, infringes a valid copyright claim, and may terminate the accounts of repeat infringers.

If you send us feedback, ideas, or suggestions about the Service, you agree that we may use them for any purpose, including to improve or build features, without any obligation or compensation to you.

The Service relies on third-party providers — for example, Supabase for data storage, Vercel for hosting, and OAuth providers (such as Google) for sign-in — and may use additional third-party analytics or infrastructure providers over time. We are not responsible for the availability, content, or practices of those third parties, and your use of them may be subject to their own terms and privacy policies.

You may not access or use the Service if you are located in, or a resident or national of, any country subject to a U.S. government embargo, or if you are listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and economic sanctions laws and regulations.

We may change, suspend, limit, or discontinue any part of the Service, including specific features, at any time, with or without notice. We do not guarantee that the Service will be available on an uninterrupted, timely, secure, or error-free basis.

Geographic scope. who. is available only in the United States. Access from other locations may be blocked, and the Service is not intended for use outside the United States.

You may stop using the Service, or delete your account, at any time. We may suspend or terminate your account or access to the Service, at our discretion, for violation of these Terms, suspected abuse or risk to other users, legal or regulatory reasons, or other business reasons.

Upon termination, your right to use the Service ends immediately. Provisions of these Terms that by their nature should survive termination (including Sections 5, 6, 7, 8, 9, 18, 19, 20, 24, and 25) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT PROFILES, SEARCH RESULTS, CONNECTIONS, OR MESSAGES WILL BE ACCURATE, COMPLETE, SAFE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY OTHER USER IS WHO THEY CLAIM TO BE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHO. AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 USD.

You agree to defend, indemnify, and hold harmless who. and its operators, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: your User Content; your conduct or misuse of the Service; your violation of these Terms; or your violation of any law or the rights of any third party — including any claim that your profile data, handles, external links, or uploaded photos infringe, misappropriate, or violate the privacy rights, publicity rights, intellectual property rights, or civil rights of any third party.

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disaster, war, terrorism, riots, labor disputes, internet or utility failures, or failures of our third-party infrastructure providers.

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and who. regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

No Third-Party Beneficiaries. These Terms do not create any rights for any third party.

We may update these Terms from time to time. If we make material changes, we will make reasonable efforts to notify you (for example, by posting a notice on the Service or updating the “Last updated” date above). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and applicable U.S. federal law. Except as required to be resolved by arbitration under Section 25, and subject to that Section, any dispute not subject to arbitration will be litigated exclusively in the state or federal courts located in New York, New York, and you consent to their jurisdiction and venue.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. It requires that most disputes between you and who. be resolved by individual, binding arbitration rather than in court, and it contains a class-action waiver and a jury-trial waiver. You may opt out within 30 days as described below.

Informal resolution first. Before starting an arbitration, you and who. agree to try to resolve any dispute informally for at least 45 days. Send a written description of the dispute, your name, and your contact information to hello@getwho.app. Completing this informal process is a condition of starting arbitration.

Agreement to arbitrate. If the dispute is not resolved, you and who. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — whether based in contract, tort, statute, or any other theory, and including disputes that arose before these Terms — will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitration will take place in the county where you reside or by videoconference, and the arbitrator may award the same individual relief a court could.

Class-action & jury waiver. You and who. agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any representative or class proceeding. You and who. waive any right to a jury trial.

Exceptions. Notwithstanding the above: (a) either party may bring an individual claim in small-claims court if it qualifies; (b) either party may seek injunctive relief in court for infringement or misuse of intellectual property; and (c) consistent with the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, any claim alleging sexual assault or sexual harassment is not subject to this arbitration agreement or the class-action waiver, at your election, and may be brought in court.

30-day right to opt out. You may opt out of this arbitration agreement by emailing hello@getwho.app within 30 days of first accepting these Terms, with your name, the email associated with your account, and a clear statement that you want to opt out of arbitration. Opting out affects only this Section’s arbitration requirement; it does not change, waive, or invalidate the Class-Action & Jury Waiver above. Even if you opt out of arbitration, you agree that you may only bring claims against who. in your individual capacity, and never as a plaintiff or class member in any class, collective, or representative proceeding.

Mass filings. If 25 or more similar arbitration demands are filed against who. by or with the coordination of the same or similar counsel, the demands may be administered in batches to promote efficiency, with one arbitrator and one set of fees per batch. Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court; the rest of this Section remains in effect.

Questions about these Terms? Contact us at hello@getwho.app.