IMPORTANT NOTICE: this document includes a mandatory arbitration clause and class action waiver (Section 15), a zero-tolerance policy against unlawful use of the platform (Section 4), and a complete assumption of risk for interactions outside the app (Section 9). By creating an account, you agree to be bound by these Terms in full.
1.1. Legally binding agreement. This Terms of Use Agreement ("Terms") is a legally binding contract between you (the "User") and Velvet US LLC. By downloading, installing, accessing, or using the Velvet mobile application (the "Service"), you affirm that you have read, understood, and agreed to these Terms and our Privacy Policy.
1.2. Electronic signature. Your act of registering an account, checking a consent box, or using the Service constitutes your electronic signature to these Terms, with the same legal weight as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.
1.3. App Store dependencies. If you accessed the Service via the Apple App Store or Google Play, you acknowledge that these Terms are between you and Velvet US LLC only, not with Apple or Google. Velvet US LLC is solely responsible for the Service.
2.1. Minimum age. You must be 18 years of age or older. You represent that you have the legal capacity to enter into this contract.
2.2. Background check disclaimer. Velvet does not routinely conduct criminal background checks, sex offender registry searches, or identity verification beyond automated biometric facial matching and the optional income/professional verification described in the Privacy Policy. You represent that you have not been convicted of a felony, sex crime, or crime of violence, and that you are not required to register as a sex offender in any jurisdiction.
2.3. Sanctions and export control (OFAC). You represent and warrant that: (i) you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties, including the Specially Designated Nationals (SDN) List maintained by the Office of Foreign Assets Control.
3.1. Mandatory authentication. To prevent fake accounts, Velvet requires live facial verification using on-device machine learning (Google ML Kit).
3.2. Explicit consent and immediate destruction. By initiating this process, you voluntarily and explicitly consent to the real-time scanning of your facial geometry. This data is generated locally on your device, used solely for instantaneous verification against your profile photo, and is not transmitted to or stored on our servers.
3.3. Liability release. You release Velvet US LLC from any liability, claim, or statutory damages arising under the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), or any equivalent biometric privacy statute, on the basis that no biometric templates are transmitted to or stored on Velvet's servers.
4.1. Absolute prohibition. You are strictly prohibited from using the Service to solicit, offer, arrange, or facilitate prostitution, escorting services, or any arrangement involving financial compensation in exchange for companionship. This includes coded language, acronyms, or implications regarding "pay-per-meet," "allowances," or the exchange of companionship for gifts, rent, or financial support.
4.2. Prohibition of financial solicitation. You may not post or request direct payment details (Cashtags, bank account numbers, cryptocurrency wallet addresses) in your profile, private gallery, or messages with other users.
4.3. Enforcement. Velvet uses automated tools, including text pattern and payment-data detection (for example, cryptocurrency wallet identifiers, IBAN numbers, or payment handles), to help identify potential violations of this section. Any detected violation — automated or user-reported — results in immediate account termination, forfeiture of any invitation or membership balance without refund, and, where required by law, preservation and disclosure of the relevant evidence to appropriate authorities, including federal law enforcement where FOSTA-SESTA obligations apply.
5.1. Nature of purchases. Invitations and annual memberships purchased within the app are a limited, personal, non-transferable, revocable digital license. They have no monetary value outside the app and cannot be exchanged, sold, or transferred outside the Velvet ecosystem.
5.2. What an accepted invitation unlocks. When your invitation is accepted, the other person chooses to share their WhatsApp contact with you. Velvet does not guarantee that any invitation will be accepted.
5.3. Income/professional verification. Any user, regardless of gender, may optionally pay to verify professional or income information via a supported third-party account (such as LinkedIn or Instagram) or supporting documentation, at the same price for all users. This determines your verified status and eligibility within the Service; Velvet does not display any other user's individual payment or spending history to you.
5.4. Final sales. All transactions processed via Apple or Google Play are final. We do not offer refunds except where required by the law of your jurisdiction. If your account is suspended for violating these Terms, any invitation or membership balance is forfeited without refund.
5.5. Expiration. Unused invitations expire after six (6) continuous months of account inactivity.
5.6. Chargeback fraud and evidentiary disclosure. If you initiate an unjustified chargeback, you expressly authorize Velvet to assemble and transmit to the payment processor and relevant financial institution the evidence necessary to validate that the digital service was delivered — which may include IP address access logs, device fingerprint, timestamps, cryptographic proof of purchase, and records of the communication enabled by your purchase. You agree to be held liable for administrative banking fees Velvet incurs in successfully defending a fraudulent chargeback.
5.7. Pricing and product changes. We may change prices, introduce or discontinue invitation tiers, membership benefits, or verification offerings, at our sole discretion and at any time. Changes do not affect balances you have already purchased at the time of the change, but may apply to future purchases and renewals.
5.8. Discretion over admission and verification. Velvet may approve, deny, or revoke any user's admission to the Service, event participation, or verified status, at our sole discretion, for any reason or no reason, including reasons not specifically enumerated in these Terms.
We are an evolving product. We may test, adjust, expand, or replace the Service's features, monetization approach, matching or visibility criteria, and overall business model at any time and without prior notice, subject to Section 2.1 of the Privacy Policy (Product Testing and Improvement) and to applicable law. Nothing in these Terms should be read as a permanent commitment to any specific feature, pricing structure, or mechanic described here as currently implemented.
6.1. Licensing of user content. You retain ownership of the photographic and textual content you submit ("User Content"). You grant Velvet a worldwide, royalty-free, sublicensable license to host, process, cache, and display this content solely to operate the Service.
6.2. Content moderation. We may subject your content, including Private Gallery media, to automated safety scanning to enforce Section 4.
6.3. Generative AI ban. Velvet guarantees that your User Content, Private Gallery media, and messaging history will never be sold, licensed, or used to train, fine-tune, or develop any internal or third-party generative AI system or large language model.
6.4. Aggregated and de-identified data. Nothing in this Section limits our ability to use data that has been aggregated and stripped of information that could reasonably identify you for internal analytics, product development, reporting, or business planning purposes.
6.5. Restriction on competitive use and reverse engineering. You agree not to create an account, or use any account, in order to: (a) reverse engineer, decompile, or otherwise attempt to derive the underlying logic, algorithms, or backend architecture of the Service, including how invitations, timers, or credit balances are calculated, expire, or are restored; (b) systematically observe, record, or analyze the Service's mechanics, features, or user flows for the purpose of building, training, or informing a competing product or service; or (c) scrape, catalog, or export data about other users or the Service's operation beyond your normal personal use. This is a contractual restriction on how you may use your access to the Service, independent of and in addition to any intellectual property rights we may separately hold. Violation is a material breach of these Terms and may result in immediate account termination and legal action for breach of contract, in addition to any other remedy available to us.
7.1. Interactive computer service. Under Section 230 of the Communications Decency Act (47 U.S.C. § 230), Velvet operates as an interactive computer service provider. We are not the publisher or speaker of information provided by another user.
7.2. Date ratings. If the Service includes a feature allowing users to rate offline dates, Velvet exercises no editorial control over those ratings and assumes no liability for claims of defamation, emotional distress, or reputational harm arising from them.
8.1. As described in the Privacy Policy, a limited number of accounts may have access to an optional cycle-tracking feature. This feature is not a medical device or diagnostic tool, and Velvet is not a healthcare provider.
8.2. This feature is provided for personal informational purposes only. Velvet assumes no liability for any health outcome, unplanned pregnancy, misdiagnosis, or physical or emotional harm arising from your reliance on this feature. It is not a substitute for professional medical advice.
9.1. Velvet is not a party to any meeting that takes place outside the app. You assume complete risk for any interaction with people you meet through the Service, including injury, theft, assault, or transmission of sexually transmitted infections. Take reasonable precautions when meeting someone for the first time.
9.2. This assumption of risk applies equally to communications that move to WhatsApp or any other third-party platform once contact is exchanged — see Section 13.6.
10.1. Strictly personal viewing. Access to another user's Private Gallery, however granted, is for your personal viewing only. You may not screenshot, screen-record, save, copy, forward, publish, or otherwise redistribute that content, including by photographing your screen with a separate device.
10.2. Consequences. Violating Section 10.1 is grounds for immediate account termination and forfeiture of any balance, in addition to any liability you may have directly to the affected user and under applicable law, including criminal law in many jurisdictions for non-consensual distribution of intimate images.
10.3. No liability for another user's conduct. Velvet is not liable for a recipient's unauthorized redistribution or misuse of Private Gallery content after access has been legitimately granted. We implement OS-level anti-capture measures described in the Privacy Policy but cannot technologically prevent capture by a separate device or modified operating system.
10.4. Automated moderation is best-effort. Our automated content-safety scanning does not guarantee detection of all objectionable material. We reserve the right, without an obligation beyond what applicable law requires, to review or remove any content.
Velvet respects the intellectual property rights of others. If you believe your copyrighted work has been infringed, submit a formal notification to our designated Copyright Agent at support@velvetusclub.com containing:
12.1. The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
12.2. We implement reasonable technical and organizational security measures, described in the Privacy Policy. No system is perfectly secure. We are not liable for unauthorized access to your data resulting from circumstances beyond our reasonable control, including sophisticated attacks against our infrastructure providers or vulnerabilities in third-party software we did not create.
12.3. To the maximum extent permitted by law, our total aggregate liability to you will never exceed the greater of (a) what you paid to Velvet in the 12 months preceding the claim, or (b) $100 USD.
12.4. No personal liability. You agree that no member, manager, officer, or employee of Velvet US LLC is personally liable to you for any claim arising from these Terms or your use of the Service. Your recourse, if any, is against Velvet US LLC only.
13.1. Velvet does not independently verify claims users make about themselves — including income, occupation, marital status, education, or intentions — beyond the biometric check and the optional third-party income/professional verification described in the Privacy Policy. Any decision you make based on another user's self-reported information, including a decision to meet them or spend money on the Service, is made entirely at your own risk.
13.2. We are not liable for the conduct, statements, or actions of any user, on or off the platform, including misrepresentation, harassment, fraud, or criminal conduct by another user.
13.3. If your account is compromised due to your own failure to safeguard your login credentials, we are not liable for actions taken by whoever gained unauthorized access. Notify us immediately if you suspect unauthorized access.
13.4. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, war, civil unrest, internet or telecommunications failures, or failures of our third-party infrastructure providers (Google Cloud, Apple, Google).
13.5. We may add, remove, or modify features of the Service at any time, including discontinuing the Service entirely, without liability to you, subject to applicable law.
13.6. Once contact information is exchanged (for example, via WhatsApp) or you communicate with another user through any platform other than Velvet itself, that communication takes place entirely outside our control. We are not a party to it, do not monitor it, and assume no responsibility for anything that occurs there.
You agree to indemnify and hold harmless Velvet US LLC, its affiliates, successors, and assigns, from any claim, damage, or expense (including reasonable legal fees) arising from: your access to or use of the Service; your User Content; your violation of these Terms, including Section 10 (Private Gallery redistribution); your violation of any third party's rights; or any offline interaction or meeting arising from your use of the Service.
15.1. Any dispute arising from these Terms will be resolved through individual, binding, and confidential arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, seated in Wyoming. At the arbitrator's discretion, proceedings may be conducted via secure telephonic or video conference. The arbitrator's award is final and binding, enforceable in any court of competent jurisdiction.
15.2. Class action waiver. You agree to bring claims only in an individual capacity, never as part of a class action, collective arbitration, or representative proceeding of any kind.
These Terms are governed by the laws of the State of Wyoming, United States, excluding its conflict of laws principles.
We may suspend, pause, or terminate your account at any time, without notice, for any reason. Accounts inactive for 12 months may be deleted.
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, or sale of assets.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that or any other provision later.
We may provide notices to you via in-app notification, the email address associated with your account, or by posting on the Service. Notices are deemed received when sent.
Sections 4 (Zero-Tolerance Policy), 10 (Private Gallery), 12 (No Warranties; Limitation of Liability), 13 (Limitation of Liability for Third-Party Conduct), 14 (Indemnification), and 15 (Dispute Resolution) survive termination of your account or these Terms.
If you accessed the Service via the Apple App Store, you and Velvet US LLC acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple will have the right to enforce these Terms against you as a third-party beneficiary of them.
If any provision of these Terms is found invalid, the rest remains in effect. These Terms, together with the Privacy Policy and the EULA, constitute the entire agreement between you and us, superseding all prior negotiations or agreements. Continued use after any modification constitutes your acceptance of the revised Terms. We will communicate material changes via in-app notification before they take effect.
Velvet US LLC Legal & Compliance Department Email: support@velvetusclub.com