Welcome to Fortuito! These Terms of Service ("Terms") govern your use of the Fortuito mobile application. By using our app, you agree to these Terms.
1. Acceptance of Terms
By downloading the app, creating an account, or using any part of the Fortuito service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the service.
2. Eligibility
- You must be at least 18 years old to use Fortuito
- You must provide accurate information during registration
- You must have legal capacity to enter into binding contracts
- You must not be prohibited from using the service under applicable law
3. Account Registration
To use Fortuito, you must:
- Provide a valid phone number for SMS verification
- Complete your profile with truthful information
- Maintain the security of your account
- Keep your profile information current and accurate
- Not create multiple accounts
- Not share your account with others
4. How the Service Works
Location Tracking
When you have location sharing enabled on the app's home screen, Fortuito uses background location tracking to detect when you're near compatible matches (within approximately 100 meters). Your location data is automatically deleted after 2 hours.
Privacy Zones
You can set Privacy Zones (like your home, workplace, or other sensitive locations) where the app will not share your location or notify you of matches.
Matching
Fortuito analyzes profiles using compatibility scoring based on values, relationship style, and other personal attributes to determine potential matches. When compatible users are nearby, we send push notifications to both users.
Communication
If both users respond "ACCEPT" to a match notification, they are connected in the app's messaging service on the Matches screen.
5. Notifications & SMS Communications
By providing your phone number and enabling notifications, you consent to receive communications from Fortuito, including:
- SMS one-time verification codes during account setup and sign-in
- Push notifications when compatible users are nearby
- Push notifications about match responses and connections
- In-app messages from matched users
- Periodic reminders that location sharing is active
- Important service and safety updates
- Occasional promotional SMS messages (you may opt out by replying STOP)
SMS Messages
SMS text messages are used for:
- Verification: One-time passwords (OTP) when creating your account or signing in
- Promotional: Occasional messages about new features, events, or offers (opt-out available)
- Transactional: Important account or safety-related notifications
Match notifications and user messaging are handled through push notifications and in-app messaging, not SMS.
Push Notifications
Push notifications are our primary communication method for match alerts, connection updates, and time-sensitive information.
Notification Frequency: Varies based on your usage and proximity to compatible matches.
SMS Message Frequency: Verification codes are sent only when you initiate sign-in. Promotional messages are sent occasionally (typically 1-4 per month).
SMS Data Rates: Standard SMS rates from your mobile carrier may apply.
Opt-Out:
- SMS Marketing: Reply STOP to any promotional SMS to opt out. Reply HELP for assistance.
- Push Notifications: Disable in your device settings or app settings (this will effectively pause your account)
6. Subscription & Billing
Fortuito is available as a subscription service through the app store for your platform. Free trials may be available. Please see the Manage Subscription screen on the app for current pricing and other subscription details.
7. User Conduct & Content Standards
Zero-Tolerance Policy: Fortuito maintains a zero-tolerance policy for objectionable, offensive, or harmful user-generated content. This includes all messages, profile information, and any other content shared through the service. Violations will result in immediate action, up to and including permanent account termination.
You agree NOT to:
- Send, share, or post objectionable, offensive, abusive, or harmful content of any kind
- Harass, threaten, bully, stalk, or intimidate other users
- Send sexually explicit, pornographic, or obscene messages or images
- Send hateful, discriminatory, or bigoted content targeting any individual or group
- Impersonate another person or provide false information
- Use the service for commercial purposes, spam, or solicitation
- Attempt to manipulate the matching algorithm
- Share another user's personal information without consent
- Use automated systems to access the service
- Reverse engineer, copy, or modify the app
- Violate any applicable laws or regulations
Content Moderation
Fortuito employs automated content filtering on all user messages to detect and prevent the transmission of objectionable material. Messages that violate our content standards may be automatically blocked. Fortuito reserves the right to review, remove, or restrict any user-generated content at its sole discretion.
Repeated violations of content standards will result in escalating consequences, including warnings, temporary suspension, and permanent account termination.
8. Safety & Reporting
Safety Features
- Privacy Zones: Set areas where the app won't share your location
- Delete: Remove a match you're no longer interested in using the X button — you will never be matched with them again
- Block: Permanently remove a user from your experience using the flag icon — you will never be matched with them again
- Block & Report: Block a user and file a report for inappropriate or unsafe behavior using the flag icon
- Content Filtering: Automated server-side filtering prevents objectionable messages from being delivered
- Messaging without sharing personal information: No identifiable information shared via in-app messaging
- Wiping of location data: Location data deleted after 2 hours
Blocking Users
You can block any user at any time by tapping the flag icon on a match and selecting "Block." Blocking a user will immediately remove them from your matches and permanently prevent any future matching between you. The blocked user will not be notified that they have been blocked.
Reporting Abuse
If you experience harassment, inappropriate behavior, or safety concerns, you can block and report a user by tapping the flag icon and selecting "Block & Report." When making a report, you can select a category, provide details, and optionally include your messaging conversation as evidence. You can also report issues through our website at fortuito.app/report.html.
Fortuito reviews all reports within 24 hours. We take every report seriously and will take appropriate action to maintain a safe community.
Actions we may take in response to reports include:
- Warning the reported user
- Temporary suspension of the reported user's account
- Permanent account termination and ban
- Removal of objectionable content
- Reporting to law enforcement if necessary
In-Person Meetings
Safety Tips:
- Always meet in public places with other people around
- After matching, do not leave the area together
- Trust your instincts - leave if you feel uncomfortable
- Don't share sensitive personal information immediately
- Stay sober and aware of your surroundings
9. Content & Intellectual Property
Your Content
You retain ownership of your profile information and messages. By using the service, you grant us a license to use your content solely to provide and improve the service, including:
- Using your profile data for AI-powered compatibility matching
- Analyzing usage patterns to improve the service
Our Content
All aspects of the service, including design, code, algorithms, branding, AI models, and generated content, are owned by Fortuito and protected by copyright, trademark, and other intellectual property laws.
10. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.
Key privacy points:
- Location data automatically deleted after 2 hours
- Profile information used solely for matching
- Privacy Zones protect sensitive locations
- We never sell your data
- You can delete your account at any time via the app or website
11. Disclaimers
IMPORTANT:
Fortuito is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:
- That you will find a match or form a relationship
- The accuracy of user profiles or compatibility scores
- Uninterrupted or error-free service
- The safety or suitability of any user you meet
- Location accuracy or consistent app performance
You are solely responsible for:
- Your interactions with other users
- Verifying the identity and intentions of people you meet
- Your safety during in-person meetings
- Compliance with local laws
- Managing your device's battery and data usage
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Fortuito and its officers, directors, employees, and affiliates SHALL NOT BE LIABLE for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Personal injury or property damage
- Emotional distress or relationship problems
- Lost opportunities or failed matches
- Data loss, privacy breaches, or security incidents
- Service interruptions or technical failures
- Battery drain or data usage costs
Our total liability for any claim arising from your use of the service shall not exceed the total amount you paid for use of the system, up to a maximum of $100.
13. Indemnification
You agree to indemnify and hold harmless Fortuito from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the service
- Your violation of these Terms
- Your violation of any rights of another person
- Your conduct with other users
- Content you upload or share
14. Termination
By You
You may delete your account at any time through the app settings or at fortuito.app/delete-user.html. A 90-day cooldown period applies before you can create a new account with the same phone number.
By Us
We may suspend or terminate your account at our discretion if you:
- Violate these Terms
- Engage in harmful or abusive behavior
- Create multiple accounts
- Provide false information
- Attempt to abuse or manipulate the service
Effect of Termination
- You will no longer receive notifications
- Your profile will be deactivated
- Active matches will be closed
- Most personal data will be deleted within 30 days
- Some safety-related data retained as described in Privacy Policy
- 90-day waiting period before re-registration
15. Dispute Resolution
Informal Resolution
If you have a dispute, please contact us first at support@fortuito.app. We'll work with you to resolve it informally.
Arbitration Agreement
If informal resolution fails, you agree that disputes will be resolved through binding arbitration rather than in court, except for:
- Small claims court matters
- Intellectual property disputes
- Requests for injunctive relief
Class Action Waiver: You agree to bring claims only in your individual capacity, not as part of a class action.
16. Governing Law
These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Boulder County, Colorado.
17. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via:
- Push notification or SMS
- Prominent notice in the app
- "Last Updated" date
Continued use after changes constitutes acceptance of the new Terms.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and Safety Policy, constitute the entire agreement between you and Fortuito regarding the Fortuito service.
20. Contact Us
Fortuito: support@fortuito.app
By using Fortuito, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.