Terms of Service

Cluster AI LLC (operating ByChance)

Effective Date: July 29, 2026 Version: 1.1 Previous Version: 1.0 (December 18, 2025)

1. Introduction and Acceptance

Welcome to ByChance ("we," "us," "our," or the "Company"). These Terms of Service ("Terms") govern your access to and use of the ByChance mobile application, the ByChance website at bychanceapp.com, and all related services, features, content, forms, and programs we offer (collectively, the "Service").

BY CREATING AN ACCOUNT, USING THE SERVICE, VISITING OUR WEBSITE, SUBMITTING ANY FORM ON OUR WEBSITE, JOINING OUR WAITLIST, OR APPLYING TO OUR AMBASSADOR PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use the Service.

We may modify these Terms at any time. We will notify you of material changes through the Service, by posting an updated version on our website, or via the email address associated with your account or waitlist subscription. Your continued use of the Service after notification constitutes acceptance of the modified Terms.

1.1 Scope of These Terms

These Terms apply to everyone who interacts with ByChance, whether or not you have an account:

Where a section refers to "the app," it applies only to users of the ByChance mobile application. Where a section refers to "the Website," it applies to bychanceapp.com. Where a section refers to "the Service," it applies to both.

Our Privacy Policy is incorporated into these Terms by reference and describes how we handle your information across both the app and the Website.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old. This requirement applies to app accounts, waitlist and newsletter signups, contact form submissions, and ambassador applications alike.

2.2 Legal Capacity

You must have the legal capacity to enter into a binding contract with ByChance. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.3 Prohibited Users

You may not use the Service if you:

• Have been convicted of a felony or any crime involving violence, fraud, or sexual misconduct
• Are required to register as a sex offender
• Have previously been banned from the Service
• Are located in a jurisdiction where the Service is prohibited

2.4 Availability

The ByChance app is in pre-release and is initially available only in limited geographic areas. Our Website is available to visitors generally, but joining the waitlist does not mean the app is or will become available where you live. We may add, delay, limit, or withdraw availability in any location at any time.

3. Account Registration and Security

3.1 Account Creation

To use the app, you must create an account by providing accurate and complete information. You may register using:

• Apple Sign In
• Email address

A waitlist or newsletter subscription is not an account. Submitting your email address on our Website does not create a ByChance account, does not reserve your username, and does not entitle you to access the app. To use the app you must separately register and accept these Terms at that time.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access

3.3 One Account Per User

You may only maintain one active account. Creating multiple accounts may result in termination of all accounts.

3.4 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4. Website Use, Waitlist, and Communications

4.1 Use of the Website

The Website is provided for informational and promotional purposes: to learn about ByChance, to join our waitlist, to contact us, and to apply to our ambassador program. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website for your own personal, non-commercial use.

4.2 Website Conduct

When using the Website, you agree not to:

• Submit false, misleading, or impersonated information in any form
• Submit another person's email address, phone number, or contact details without their permission
• Use bots, scripts, scrapers, crawlers, or other automated means to access the Website, submit forms, or harvest content or data
• Circumvent, disable, or interfere with our bot-detection, security, or rate-limiting measures
• Submit content that would violate Section 6 (User Content and Conduct)
• Attempt to gain unauthorized access to any part of the Website or its underlying systems
• Use the Website for spam, commercial solicitation, or to advertise a competing service
• Copy, reproduce, or republish substantial portions of the Website without our written permission

We may block, rate-limit, or reject any submission, and may bar any visitor from the Website, at our discretion and without notice.

4.3 Waitlist and Early Access

By submitting your email address through any signup form on our Website, you are joining our waitlist and consenting to receive marketing and announcement emails from us.

No purchase is necessary and no fee is charged to join the waitlist. We do not and will not require payment for a waitlist place.

We do not guarantee beta, early, or any access. Joining the waitlist does not create any right, entitlement, priority, or promise of access to the app, to any beta or TestFlight build, to any event, or to any feature. Specifically:

• We may invite people to early access in any order and on any basis we choose, or not at all
• We may cap the number of participants, close the waitlist, or restart it
• We may launch later than expected, in different cities than expected, with different features than described, or not at all
• Any timeline, feature, city, or launch date described on the Website or in our emails is a statement of current intent, not a commitment
• Waitlist positions, invitations, and any early-access codes are personal to you, have no cash value, and may not be sold, transferred, or auctioned

4.4 Marketing Emails and Consent

By joining the waitlist you consent to receive emails from us about the ByChance launch, early access, events, and product updates. You may withdraw that consent at any time using the unsubscribe link in the footer of any marketing email, or by emailing info@bychanceapp.com. If you hold an app account, we may still send you transactional and service messages after you unsubscribe from marketing, as described in our Privacy Policy.

4.5 Contact Form

Messages you send through our contact form should be genuine inquiries. Do not use the contact form to send confidential information, sensitive personal data, financial details, credentials, unsolicited commercial offers, or unsolicited business or creative proposals. We aim to respond to legitimate inquiries but do not guarantee a reply, a response time, or any particular outcome.

4.6 Events Listed on the Website

Any events described or promoted on the Website are subject to change, rescheduling, capacity limits, venue rules, and cancellation. An RSVP or registration confirmation is not a ticket, is not transferable unless we say so, and does not guarantee entry. Where an event carries a fee, that will be stated at the point of registration. Attendance at any in-person ByChance event is subject to Section 8 (Safety and Reporting) and Sections 12-14 (Disclaimers, Limitation of Liability, and Indemnification).

4.7 Feedback

If you send us ideas, suggestions, feature requests, or other feedback about ByChance — through the contact form, an ambassador application, a survey, or any other channel — you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, implement, and commercialize that feedback for any purpose, without any obligation of compensation, credit, or confidentiality to you. Do not send us feedback you are not free to share or that you expect to be kept confidential or paid for.

5. Ambassador Program

5.1 Applications

Our ambassador program is open to individuals aged 18 or over. Submitting an application is an offer by you to be considered; it is not an agreement by us to anything.

We are under no obligation to review, accept, or respond to any application. Acceptance is entirely at our discretion. We may decline any application for any lawful reason or none, and we may pause, change, or end the program at any time without notice.

5.2 The Ambassador Relationship Is Not Employment

If you are accepted as a ByChance Ambassador, you are not an employee, worker, agent, partner, joint venturer, or franchisee of ByChance. Participation in the ambassador program:

• Does not create an employment relationship of any kind
• Does not entitle you to wages, salary, overtime, minimum wage, commissions, benefits, health coverage, paid leave, workers' compensation, unemployment insurance, equity, or any other form of employee compensation
• Does not make you our legal representative and gives you no authority to bind ByChance, to make representations, warranties, or commitments on our behalf, to enter into agreements, to accept money, or to speak for the Company
• Is voluntary and may be ended by either you or us at any time, for any reason, with or without notice

Nothing in the program is exclusive; you are free to work with, promote, or be employed by anyone else, subject to Section 5.5.

5.3 Perks and Rewards

Any perks, rewards, gifts, credits, event access, merchandise, or other items of value we may provide to ambassadors are discretionary, non-contractual, revocable, personal to you, non-transferable, and have no cash value. We may change or withdraw them at any time. You are solely responsible for any taxes, reporting, or other liabilities arising from anything of value you receive, and you may be required to provide tax documentation before we can provide items above applicable reporting thresholds.

5.4 Ambassador Conduct and Required Disclosures

If you are accepted as an ambassador, you agree to:

• Clearly and conspicuously disclose your connection to ByChance in every post, story, video, or other communication promoting ByChance, in a way that complies with the U.S. Federal Trade Commission's Endorsement Guides and any equivalent law in your jurisdiction (for example, using a clear and visible "#ad," "paid partnership," or "ByChance Ambassador" label). Disclosure must be unavoidable, not buried in hashtags or behind a "more" link.
• Make only truthful statements about ByChance, and never state or imply features, pricing, availability, launch dates, safety guarantees, or results that we have not confirmed
• Never present yourself as an employee or spokesperson of ByChance, or as being authorized to act on our behalf
• Never make statements about other people's dating lives, identities, attendance, or presence at ByChance events, and never disclose the identity of any ByChance member without their express permission
• Comply with these Terms, our community guidelines, our Privacy Policy, and the rules of every platform you post on
• Not create fake accounts, buy followers or engagement, spam, or use misleading tactics to promote ByChance
• Not use the ByChance name, logo, or brand assets except as we expressly permit, and stop using them immediately when your participation ends
• Comply with all applicable advertising, consumer protection, privacy, and unfair competition laws

You are solely responsible for your own content and statements. We may remove you from the program immediately for any breach of this section, and may require you to delete or correct non-compliant content.

5.5 Confidentiality

If we share unreleased features, screenshots, builds, pricing, launch plans, or other non-public information with you as an ambassador or beta participant, you agree to keep it confidential and not to publish, post, screenshot, or share it until we have made it public or expressly authorized you to do so.

5.6 Ambassador Content License

If you create content promoting ByChance, you retain ownership of it. You grant ByChance a worldwide, non-exclusive, royalty-free, sublicensable license to reproduce, distribute, display, and repost that content, and to reference your first name and public social media handle, in connection with promoting ByChance, for as long as you participate in the program and for a reasonable period afterward. You may ask us to stop using a specific piece of content by emailing info@bychanceapp.com, and we will honor that request on a going-forward basis where reasonably practicable.

5.7 Promotions, Contests, and Referrals

Any contest, sweepstakes, giveaway, referral bonus, or similar promotion we run will be governed by separate official rules published with that promotion. Where those rules conflict with these Terms, the official rules control for that promotion only. Where a promotion is a sweepstakes, no purchase is necessary to enter or win.

6. User Content and Conduct

6.1 Your Content

You retain ownership of content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for operating and improving the Service.

For clarity, "User Content" includes everything you submit through our Website forms, including your ambassador personal statement, contact form messages, and any other free-text field.

6.2 Prohibited Content

You may not post or transmit content that:

• Is false, misleading, or fraudulent
• Is defamatory, obscene, or offensive
• Infringes on intellectual property rights
• Contains malware or malicious code
• Promotes illegal activities
• Harasses, threatens, or intimidates others
• Contains nudity or sexually explicit material (except as permitted in profile photos per community guidelines)
• Solicits money or commercial transactions
• Includes contact information in profile text (phone numbers, social media handles, etc.)
• Contains another person's personal information submitted without their permission

6.3 Prohibited Conduct

You agree not to:

• Use the Service for any commercial purpose without authorization
• Impersonate any person or entity
• Collect user information without consent
• Circumvent security measures
• Use automated means to access the Service
• Interfere with the Service's operation
• Engage in harassment, stalking, or abusive behavior
• Request or share explicit photos or content
• Use the Service while located outside permitted jurisdictions

7. Matching and Communication Features

7.1 Chance-Based Matching

The Service uses proprietary algorithms to suggest potential matches based on user preferences, location, and other factors. We do not guarantee any particular outcomes from using the matching features.

7.2 Location-Based Features

Certain app features require access to your location data. By enabling location services, you consent to our collection and use of your location as described in our Privacy Policy. Our Website does not use your device location.

7.3 Lucky AI Feature

The app includes an AI-powered chat feature ("Lucky AI"). Conversations with Lucky AI:

• Are processed by artificial intelligence
• May be reviewed to improve the Service
• Should not be relied upon for professional advice
• Are subject to the consent you provide at registration

7.4 Communication Between Users

Messages between users are private but may be reviewed if reported for violations or as required by law.

8. Safety and Reporting

8.1 Safety Guidelines

When meeting someone in person, whether through the app or at a ByChance event promoted on our Website:

• Meet in public places
• Inform a friend or family member of your plans
• Arrange your own transportation
• Trust your instincts

8.2 Reporting

You can report violations, inappropriate behavior, or safety concerns through the in-app reporting feature, or by emailing info@bychanceapp.com if you do not have the app. We will review all reports and take appropriate action.

8.3 No Background Checks

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS, EVENT ATTENDEES, OR AMBASSADORS. You are responsible for conducting your own due diligence regarding other users and anyone you meet through or in connection with the Service.

8.4 No Guarantees

We make no representations or warranties about the conduct, identity, compatibility, or suitability of any user, event attendee, ambassador, or venue.

9. Subscriptions and Payments

9.1 Free and Premium Tiers

The app offers both free and premium subscription tiers. Premium features and pricing are displayed in the app.

9.2 Billing

Subscriptions are billed through the Apple App Store. Payment terms are governed by Apple's terms and conditions.

9.3 Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.

9.4 Refunds

Refund requests are handled by Apple according to their refund policies. We do not directly process refunds.

9.5 Price Changes

We may change subscription prices upon reasonable notice. Price changes will not affect current subscription periods.

9.6 No Charges on the Website

We do not sell subscriptions, collect payment, or store payment card details on our Website. Joining the waitlist, contacting us, and applying to the ambassador program are all free. If we ever charge for a ticketed event, that will be stated clearly at the point of registration and handled by a named payment processor.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including the app and the Website and their design, layout, text, graphics, photographs, video, logos, brand assets, and features (excluding User Content), is owned by ByChance and protected by intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

10.3 Restrictions

You may not:

• Copy, modify, or distribute the Service, including Website content
• Reverse engineer or attempt to extract source code
• Remove proprietary notices
• Use our trademarks, name, logo, or brand assets without authorization
• Scrape, mirror, frame, or systematically download Website content
• Use our content or brand to imply an endorsement, partnership, or affiliation that does not exist

Ambassadors receive a limited brand-asset permission described in Section 5.4, which ends when their participation ends.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices, including how we handle Website form submissions, waitlist emails, ambassador applications, and cookies.

12. Disclaimers

12.1 "AS IS" Service

THE SERVICE, INCLUDING THE APP AND THE WEBSITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

12.2 No Warranty

We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content
• Uninterrupted or error-free operation

12.3 Pre-Release and Forward-Looking Statements

ByChance is a pre-release product. Descriptions of features, cities, events, timelines, and launch plans on our Website, in our emails, or in any ambassador or press material are forward-looking statements of current intent. They are not promises, and we are not liable for changing or abandoning them. Any beta or early-access build is provided on an "as is" basis, may contain bugs, may lose data, and may be withdrawn at any time.

12.4 Third-Party Content

We are not responsible for third-party content, links, or services accessed through the Service, including third-party venues, event hosts, social media platforms, or any content posted by ambassadors on platforms we do not control.

12.5 Events and Venues

Third-party venues and event hosts are independent of ByChance. We do not control their premises, staff, safety practices, or compliance with law, and we are not responsible for them.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYCHANCE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Personal injury or property damage resulting from interactions with other users, event attendees, or at any venue
• Any conduct of third parties on or in connection with the Service, including ambassadors and event hosts
• Any loss arising from the delay, change, or cancellation of a launch, beta invitation, feature, or event

13.2 Liability Cap

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR
• $100 USD

This cap applies to website visitors, waitlist subscribers, ambassador applicants, and ambassadors, who in most cases will have paid us nothing.

13.3 Essential Purpose

These limitations apply even if remedies fail their essential purpose.

14. Indemnification

You agree to indemnify and hold harmless ByChance, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service, including the Website
• Your User Content, including anything you submit through a Website form
• Your violation of these Terms
• Your violation of any rights of another person
• Your interactions with other users
• Your activities as a ByChance Ambassador, including any content you publish and any failure to make required endorsement disclosures

15. Dispute Resolution

15.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting info@bychanceapp.com.

15.2 Arbitration Agreement

YOU AND BYCHANCE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, THE WEBSITE, THE WAITLIST, THE AMBASSADOR PROGRAM, OR THE SERVICE SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT.

15.3 Arbitration Rules

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in San Francisco, California, or remotely.

15.4 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

15.5 Exceptions

This arbitration agreement does not apply to:

• Claims that may be brought in small claims court
• Injunctive relief for intellectual property infringement

15.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to info@bychanceapp.com within 30 days of first accepting these Terms (which, for website visitors, means within 30 days of your first form submission or first use of the Website after the Effective Date above).

16. Termination

16.1 Termination by You

You may terminate your account at any time through the app settings or by contacting info@bychanceapp.com. You may unsubscribe from our waitlist and marketing emails at any time using the unsubscribe link in any email, and you may withdraw an ambassador application at any time by emailing us.

16.2 Termination by Us

We may terminate or suspend your account, your waitlist subscription, your ambassador participation, or your access to the Website at any time for any reason, including:

• Violation of these Terms
• Conduct that we determine is harmful to other users
• Extended inactivity
• Legal requirements

16.3 Effect of Termination

Upon termination:

• Your license to use the Service ends
• Any ambassador brand-asset permission ends immediately and you must stop using our name and logo
• We may delete your account data as described in our Privacy Policy
• Provisions that by nature should survive will survive, including Sections 4.7, 5.2, 5.3, 5.5, 6.1, 10, 12, 13, 14, 15, and 17

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any official rules for a specific promotion, constitute the entire agreement between you and ByChance.

17.3 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

17.4 Waiver

Our failure to enforce any right is not a waiver of that right.

17.5 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

17.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

17.7 Electronic Communications

By using the Service, you consent to receive communications from us electronically, including by email and through the app or Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

17.8 No Third-Party Beneficiaries

These Terms do not create any rights for anyone other than you and ByChance, except that Apple is a third-party beneficiary of the app-related terms and may enforce them.

18. Contact Information

For questions about these Terms, please contact us:

Cluster AI LLC

• Email: info@bychanceapp.com
• Support: info@bychanceapp.com
• Website: bychanceapp.com/contact
• Address: Cluster AI LLC, 2108 N St, Ste N, Sacramento, CA 95816-5712, United States

19. Additional Terms for Specific Jurisdictions

19.1 European Economic Area (EEA) Users

If you are in the EEA:

• You have the right to withdraw from these Terms within 14 days of acceptance, provided you have not used the Service
• The arbitration agreement and class action waiver may not apply to the extent prohibited by local law
• You may bring disputes before the competent courts of your country of residence
• You may unsubscribe from marketing emails at any time, and we will not send you marketing without your consent

19.2 California Residents

If you are a California resident:

• You have additional rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy
• California Civil Code Section 1789.3 requires the following: The provider is Cluster AI LLC, 2108 N St, Ste N, Sacramento, CA 95816-5712. Complaints may be addressed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834

20. Version History

BY USING BYCHANCE, VISITING OUR WEBSITE, JOINING OUR WAITLIST, OR APPLYING TO OUR AMBASSADOR PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: July 29, 2026