Mobile App Terms of Service

These Terms of Service govern your use of Senpai, our website located at https://senpaiapp.com, and any related services provided by Makeshift Software Inc.

When you create an Senpai account or use Senpai, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Makeshift Software Inc.
If you access or download Senpai from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Makeshift Software Inc, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 14 December 2023.

Description of Service

Senpai is a mobile dating application developed by Makeshift Software Inc. Designed for anime enthusiasts, the application utilizes user-provided geographical location, demographic data, and anime preferences to suggest potential matches. Access to and use of Senpai is subject to these Terms of Service.

Limitations of Use

Intellectual Property

The intellectual property in the materials in Senpai and on our website are owned by or licensed to Makeshift Software Inc. You may download Senpai, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Makeshift Software Inc at any time.

User-Generated Content

You retain your intellectual property ownership rights over the content you submit to us for publication within Senpai and/or on its corresponding website.
We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use Senpai or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
Please note that we cannot be held liable for the conduct of our users.
We strive to protect our platform with reasonable measures mainly designing various layers of verifications and high-quality filters, however, we cannot guarantee a perfect customer experience. We are not liable for any fraudulent users and their actions, any such users violate the hereby Terms of Service and will be permanently removed from our platform.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Account Management

In order to use our services you need to create an account.
Any information provided needs to be accurate and updated if necessary.
Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts.
Should anybody gain unauthorized access to your account, you need to notify us immediately.
Makeshift Software Inc is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.

Automatic Updates

You give us permission to download and install updates to Senpai on your device in accordance with your privacy preferences.
This permission can be revoked at any time by deleting Senpai from your device.

Liability

Senpai and the materials in Senpai and on our website are provided on an 'as is' basis. To the extent permitted by law, Makeshift Software Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Makeshift Software Inc or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Senpai, our website, or any other services provided by Makeshift Software Inc or the materials in Senpai, even if Makeshift Software Inc or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Consent to Receive SMS Messages

By registering for and using the Senpai application, you consent to receive SMS messages from Makeshift Software Inc.
Receiving SMS messages for account verification and essential notifications is mandatory for the registration and continued use of the Senpai app. These messages are intended for transactional purposes, such as service updates and reminders that are essential for the optimal use of the Senpai app.
While providing a mobile number and consent to receive mandatory operational messages is required, opting in for marketing texts enhances your user experience by ensuring you stay informed about promotions, special offers, and other non-essential communications. You may opt out of receiving marketing texts at any time by adjusting your preferences in the app's settings or by replying with “STOP” to any marketing message you receive from us.
Please be aware that standard message and data rates may apply to the SMS messages sent or received. These rates are determined by your mobile carrier and are outside the control of Makeshift Software Inc. The frequency of the messages you receive will depend on your specific interactions with the app and the settings you choose.
We prioritize your privacy and assure you that all personal information collected through our SMS service will be handled in accordance with our Privacy Policy. We are committed to maintaining the confidentiality and security of your personal data.
In the unlikely event of delayed or undelivered messages, please note that Makeshift Software Inc is not liable for issues that arise due to factors beyond our control, such as mobile carrier service disruptions. For any questions or if you require assistance regarding our SMS messaging service, please reach out to our support team at [email protected].

Accuracy of Materials

The materials appearing in Senpai are not comprehensive and are for general information purposes only.
To the extent permitted by law, Makeshift Software Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Senpai, or otherwise relating to such materials or on any resources linked to Senpai. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on Senpai. We have the right to change the information on our app without prior notice and users are responsible to monitor said changes. Please note that any historical information present is provided for reference only.

Additional Tools

Please note that our app may include third-party tools which are outside of our control.
The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Makeshift Software Inc has the right to offer new third-party tools in the future.

Spotify Integration

When you integrate your Spotify account, you permit Senpai to display certain aspects of your music preferences.
We hold no responsibility for any third-party claims or actions concerning the data shared from Spotify.

Links

Makeshift Software Inc has not reviewed all of the sites linked to Senpai or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Makeshift Software Inc of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service.

Service Availability

Please be aware that Senpai, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.
Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Senpai.

Notice regarding Apple

To the extent that you are using or accessing Senpai on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Makeshift Software Inc only, not with Apple Inc. (Apple), and Apple is not responsible for Senpai and any materials available in Senpai.
Apple has no obligation to furnish you with any maintenance and support services with respect to Senpai.
If Senpai fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Senpai and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Senpai or your use of Senpai, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Senpai, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Senpai account and right to use Senpai and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New York. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.