Terms and Conditions
By SDC.com, an Online Dating Platform Operated by SDC Media LLC
Effective Date: November 11th, 2026 | Last Update: May 24, 2022
1. Introduction and Acceptance of Terms
These Terms of Service, together with our Privacy Policy, Cookie Policy, and Community Guidelines (collectively, the “Terms”), form a legally binding agreement between you (“you,” “user,” or “member”) and SDC Media LLC (SDC.com, company, we, us, our, platform, service), a Florida LLC with its principal place of business at 2054 Kildaire Farm Road, Cary, 27518 NC, governing your access to and use of the SDC.com website, mobile applications, and related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and Community Guidelines. If you do not agree, you must not access or use the Service.
If you are accessing the Service from the European Economic Area, or the United Kingdom, (together, “EEA/UK Users”), certain additional terms apply to you and take precedence over any conflicting provision elsewhere in these Terms, to the extent required by mandatory local consumer or data protection law.
2. Definitions
- “Subscription” means any paid, recurring, or one-time feature, including Premium tiers.
- “Personal Data” has the meaning given in the GDPR/DUAA and, where applicable, the equivalent meaning of “Personal Information” under applicable US state and other countries’ privacy law.
- “EEA/UK user” means a user habitually resident in, or accessing the Service while located in, the EEA or UK.
- “Service” means a private, online social networking, discovery, and communication platform designed exclusively for consenting adults and businesses engaged or interested in the swinger, polyamorous, and/or alternative lifestyles. The Service consists of two primary components:
Member Services: Enabling registered individual Users and couples to create personal accounts, upload user-generated media, search, filter other member accounts, communicate via private messaging, participate in open lifestyle-focused community features, and discover lifestyle events or venues.
Business Services: Enabling commercial entities, venues, event organizers, and vendors to create commercial accounts, list and promote lifestyle events, advertise, and interact with members. - “Content” means any text, images, photos, video, audio, account information, messages, or other material submitted to the Service.
3. Eligibility
SDC.com contains adult content.
Minimum Age: You must be at least 21 years old to create, to visit or to use the Service. The Service is not directed to, and must not be used by, anyone under 21. We do not knowingly collect personal data from anyone under 21; if we learn that a user is under 21 we will delete that account and the associated data in accordance with our Privacy Policy.
By using the Service, you acknowledge that: (a) you are at least 21 years old; (b) you have the legal capacity to enter into a binding contract; (c) you have not been convicted of a felony sex offense or been required to register as a sex offender and (d) your use of the Service will comply with these Terms and all applicable law. It is prohibited to use the Service if any of these conditions are not met. If we determine that you do not meet any of the aforementioned acknowledgements, we are entitled to terminate the Service, and any paid membership fees are forfeited.
If users are more than one person (example: a couple), all involved signified at registration are responsible for the applicable company policies, giving consent to such policies, and for ensuring that all uses of the Service comply with all federal, state and international privacy laws. The main user is considered the person who pays for the account. Notwithstanding, the other individual is also jointly and liable for the obligations incumbent upon the user. For more information on how we handle joint accounts, please see our Privacy Policy section 12.
SDC reserves the right, at its sole discretion, to refuse membership to any person or entity, modify or delete any user’s membership, without notice, or with notices where legally required, for any reason whatsoever, including, but not limited to, failure of a user to adhere to the Terms.
SDC reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time and without prior notice. All rights, title, and interest in and to the Service and its components, including, but not limited to, all intellectual property rights, will remain the exclusive property of SDC.
4. Account Registration and Security
You must provide accurate, current, and complete information during registration and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at helpdesk@sdc.com of any unauthorized use.
We may use some automated and manual tools, including step-up identity or age-estimation checks and photo verification, to reduce fraud and underage use. Read our Privacy Policy for more information.
You may only use the Service for lawful, authorized purposes, and you may not misuse the Service in any way. Users shall be required to promptly notify SDC in case of a noticed security breach related to the Service or any other violation of these Terms by using the Report feature or by writing to helpdesk@sdc.com.
5. Description of the Service and Disclosures
The Service is a strictly digital space for adult communication and networking. SDC.com does not provide, facilitate, or broker commercial sex, escort services, or human trafficking. The Service is provided as a digital conduit solely for entertainment, community building, social connection between consenting adults without guaranteed matches, and legitimate business discovery between consenting adults. All users assume full legal responsibility for their uploaded content.
5.1 No Guarantee of Compatibility or Outcome
We do not in any way, shape, or form guarantee that you will meet other compatible partners, that any match made is fully accurate, or that any statements and expression by users or that a user account information is truthful. You are solely responsible for the decisions you make while interacting with, meeting, or forming relationships with other users outside of the platform.
5.2 Background Checks and Identity Verification
U.S. Online Dating Safety Law Disclosure - General No-Background-Check Disclaimer
SDC.com does not conduct criminal background checks on any of its members. All account data, user identity, and statements are user-generated and unverified by us. We also do not vet, inspect, or guarantee the safety, legality, or cleanliness of any physical business, swinger club, BNB, or event listed on the site. Users attend physical venues entirely at their own risk.
Sensitive Account Data EEA
Some information you may choose to add to your account, such as gender and/or dating preferences is “special category data” in some jurisdictions. If you choose to add this information to your account, you grant us permission for processing. We only process this data on the basis of your explicit, freely given, specific consent. You may decline to provide this information, withdraw your consent at any time via your Account Settings, and doing so will not affect the lawfulness of processing carried out before withdrawal, nor your ability to use the core matching features of the Service.
International Transfers
Separately, because SDC operates from the United States, your personal data, including any special category you choose to share, will be transferred to and processed in the United States.
To ensure an adequate level of data protection, these transfers are carried out under the European Commission Standards, UK/Swiss Addendums, Canada’s PIPEDA, and Provincial Privacy Laws.
You acknowledge that the Company cannot and does not verify the truthfulness of information provided by other users and strongly recommends that you exercise caution, meet in public places, tell a friend or family member of your plans, and avoid sharing financial information with anyone you meet through the platform. We provide general dating-safety guidance in our Community Guidelines which guidelines are an integral part of the Terms.
ADA/WCAG Compliance Statement
SDC is committed to comply with the ADA (American Disabilities Act), which prohibits discrimination against persons with disabilities and/or impairments. Pursuant to the ADA, SDC is committed to continue to enhance the site to facilitate and will work on accessibility optimization, increased functionality, compatibility with web browsers and assistive technologies for synthesized speech, size-responsive content, color ratios, additional navigation options and/or orientation mechanisms. Any issue with accessibility on our pages can be addressed by contacting helpdesk@sdc.com.
Any software that may be made available by or on behalf of SDC in connection with the Service, including mobile applications of SDC.com, («Software») contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SDC only grants you a personal, sub-licensable, and non-exclusive license to use the object code of any software solely in connection with the Service. Any rights not expressly granted herein are reserved by SDC.
5.3 Scams and Fraud
Never send money, cryptocurrency, gift cards, or financial account information to anyone you meet on the platform, regardless of the reason given. Report suspected scams to helpdesk@sdc.com and to your local law enforcement.
6. User Content and Conduct
6.1 License to Your Content
By submitting content, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable license to host, store, reproduce, adapt, publish, translate, and display that content solely for the purposes of operating, promoting, and improving the Service, for the duration of your use of the Service and for a reasonable period thereafter as needed for legal, safety, or backup purposes.
6.2 Community Standards and Acceptable Use
We reserve the right at our sole discretion to halt access, remove content, moderate, delete, or ban users. If an account is under investigation for suspected unauthorized data utilization, actions detrimental to the platform, fraud, a violation of any obligation the user has under the agreement, including these Terms, community guideline violations, or safety risk, any decided upon moderation, including access restriction, removal of content, or deletion of an account, will take effect without prior notice or liability.
By creating an account users agree with the following:
a. You may not upload, post, transmit, or otherwise make available any user content that:
(i) is unlawful in the jurisdiction where you or the recipient are located;
(ii) is defamatory, obscene, or hateful as defined in our Community Guidelines;
(iii) invades another person’s privacy, including by sharing another person’s personal information without consent;
(iv) infringes any intellectual property, trade secret, or other proprietary right of a third party.
Definitions of “hateful” “obscene” and similar terms are set out in our Community Guidelines, which form part of this Agreement and may be updated from time to time.
b. the Service is available only to individuals aged 21 or older. You may not use the Service to contact, exploit, endanger, or attempt to engage with a minor for any purpose. When in doubt, we use age-verification by asking for a valid ID to help enforce this restriction. Any content or conduct suspected of involving child sexual abuse material will be removed and reported to the National Center for Missing & Exploited Children (NCMEC) and/or relevant law enforcement authorities, all the more if it’s legally required.
(v) Businesses are independent third parties. The platform receives no revenue share. Business users legally warrant that they possess all necessary local business licenses, liquor licenses, zoning permits, and anything else required by local laws to operate their physical venues or events.
c. The following is not permitted:
(i) impersonate any person, entity, including, but not limited to, a company employee or other user, or misrepresent your affiliation with a person or entity, your identity, or age.
(ii) manipulate identifiers in order to disguise the origin of any user data;
(iii) harass, abuse, insult, threaten, stalk other users, or send unsolicited sexual content;
(iv) upload, post, transmit or, otherwise make available any user content in a manner that infringes or may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party or third party;
(v) use the Service to upload, post, transmit, or otherwise make available or cause to be made available any software viruses or any other programming code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service’s software, hardware, operation or security;
(vi) interfere with, or disrupt the Service or servers or networks connected to the Service or assist or induce others to do so;
(vii) modify, adapt, hack, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks or assist or induce others to do so;
(viii) solicit money, cryptocurrency, or financial information from other users, or otherwise engage in any form of fraud;
(ix) use the Service for prostitution, human trafficking, or any commercial sexual solicitation;
(x) use automated means (bots, scrapers) to access the Service or extract other users' data;
(xi) create a false identity (fake account), or create more than one account without our prior written permission or set up a new account after a prior suspension or ban, without our consent. Accounts reasonably suspected of violating this clause will be suspended pending review or immediately removed. Where an account is removed under this clause, we will provide notice of the reason where legally required (EEA), except in case of fake accounts, or where notice would compromise our operation, fraud prevention, safety investigation, or legal compliance.
(xii) use content, data, or access obtained through the Service to build, train, populate, or promote a product or Service that competes with the platform, including by systematically extracting user accounts, harvesting emails or messages for use outside the Service. Where we suspend or terminate an account under this clause, we will provide a statement of reasons in accordance with Section 16, unless withholding it is strictly necessary to prevent imminent and demonstrable harm to the integrity of the Service, an ongoing law enforcement investigation, or national security, or unless the account has committed a manifest, serious, and repeated infringement of these Terms.
(xiii) use the Service to advertise, promote, or redirect other users to a third-party website, app, or communication platform offering messaging, matching, or any other dating features. Accounts reasonably suspected of violating this clause may be suspended or terminated. Where we take such action against an EEA account, we will provide a statement of reasons in accordance with Section 16, subject only to the exceptions set out in clause (o) above.
(xiv) sending unsolicited commercial or promotional messages to other users is considered SPAM and may result in account termination. Business accounts are strictly prohibited from using the platform to solicit members for direct, explicit personal encounters under the guise of a business entity;
(xv) create multiple trial accounts to obtain free access and circumvent time limits;
(xvi) transfer, sell, or offer up for sale any account. This will result in immediate deletion of such an account.
d. you acknowledge that we may access, preserve, or disclose your account information and content where required by law or where we have a good-faith belief it is reasonably necessary to comply with legal process, enforce this Agreement, respond to third-party claims, provide customer support, or protect the rights, property, or safety of the platform, our users, or the public. Further detail on the legal bases for this processing is set out in our Privacy Policy;
e. as part of using these, we may send you notices about your account, matches, and platform updates via the platform Messenger and/or Feed. These are operational or informational communications necessary for the Service. In compliance with anti-spam regulations, the Service does not use your external email for any third party commercial messaging.
6.3 Content Moderation, Reporting, and Notice-and-Action
We provide in-Service reporting and blocking tools. Any user or entity may notify us of content or conduct they consider illegal or in breach of these Terms via the Report feature, or by sending an email to helpdesk@sdc.com. Reports should identify the location of the content and the reason it is believed unlawful.
General Provisions on Account Registration and Verification:
Verification Requirement: To maintain a secure environment, the platform requires all users to verify their registered email address. You agree to provide accurate and complete information.
Incomplete Registration and Deletion: If you do not verify your email address within 24 hours of registration, the Platform reserves the right, in its sole discretion and without liability, to permanently delete these unverified email accounts, accounts, and any associated data.
Unfinished accounts: These accounts will be permanently deleted after 72 hours without retention of any data.
Free plan accounts: Accounts on a free plan that show no login activity for 30 consecutive days will receive an email warning at least 7 days before deletion. If the user does not log in during that period, the account and associated data will be irretrievably deleted.
Inactive accounts (including paid or previously paid): Accounts that show a long-term inactivity of 365 consecutive days without a login or message activity, will be deleted after an email warning sent at least 30 days in advance.
Trial accounts: Unpaid trial accounts are subject to Service adjustments without notice.
No Ownership Rights: You acknowledge and agree that you do not own the account you create. The platform grants you a revocable license to use the Services. All rights, title, and interest in the account remain exclusively with the platform.
Data Retention: Personal data associated with deleted, unverified accounts will be permanently destroyed or anonymized in accordance with our Privacy Policy, and applicable data protection laws.
Self-Deletion: If you self-delete or request the deletion of your account, your public account will permanently be removed from view and anonymized including your messages. Your right-to-be-forgotten applies, however, please note we are still legally obligated to retain data in case of police or legal matters. This retention includes all financial transaction records, invoices, and customer location evidence for a minimum period of seven (7) years to up to ten (10) years where applicable from the end of the calendar year in which the transaction occurred. This financial data will be securely archived, restricted from daily operational use, and processed solely for compliance or auditing purposes.
Self-deleted account data (including photos and videos) is retained for seven (7) days post-deletion after which it is permanently removed.
6.4 Account Moderation, Enforcement, and Notifications (EEA users)
Account Actions and Notice Periods
Where we act on a notice concerning an EEA user's content, we will, where required by EU regulations, provide that user a statement of reasons of any action taken.
Restriction/Suspension: If we restrict or suspend your account, we will provide you with a Statement of Reasons on the date the restriction takes effect.
Termination: If we permanently terminate your account, we will provide you with a Statement of Reasons at the moment of moderation considering a 30-day retention of the account where legally applicable before the full termination takes effect.
Exceptions to Notice: The 30-day period does not apply if we are under a legal or regulatory obligation to terminate your Services immediately, or if you have repeatedly infringed these Terms (See section 6.2 for a full overview).
6.5 Account Moderation, Enforcement, and Notifications (US & UK users)
We reserve the absolute right, but do not assume the obligation, to monitor, review, flag, filter, modify, refuse, or remove any user accounts, photos, bios, messages, or other content at our sole discretion, at any time, and for any reason or no reason, without prior notice.
- US Users: In accordance with federal law, including but not limited to 47 U.S.C. Section 230, the platform maintains complete editorial control over all user-generated content and accounts. While we may choose to notify you regarding account suspensions, restrictions, or removals, we are under no legal obligation to provide a statement of reasons, explanation, or administrative justification for any moderation actions taken against your account.
- UK Users: The platform operates in compliance with applicable UK safety standards. We retain the right to restrict, suspend, or terminate your access to the Services if your account violates our Community Guidelines or policies. Unless explicitly required by applicable statutory law, we are not obligated to issue a formal statement of reasons or an appeal mechanism for standard account moderations and/or restrictions.
By using the Services, you acknowledge and agree that you have no ownership over your account and that all moderation actions taken by the platform are final and non-compensable.
Modifications to these Terms
We may modify these Terms from time to time to reflect changes in our Services, legal obligations, or regulatory requirements.
- Notice of Material Changes: If we make material updates to these Terms that adversely impact your rights or material obligations, we will provide you with at least fifteen (15) days' advance notice via the primary email address associated with your account or through an in-app notification. Non-material changes (such as typo fixes, wording, more transparency, or formatting/link adjustments) will be effective immediately upon posting to this page.
- Acceptance of Amended Terms: For material changes, you may be required to click "Accept" or check a box acknowledging the updated Terms upon your next login to the Service after the effective date. If you do not agree to the modified Terms, you must stop using the Service and delete your account prior to the expiration of the 15-day notice period. Your explicit acceptance or continued use of the Service following the 15-day notice period constitutes your binding agreement to the updated Terms.
7. Fees, Subscriptions, and Billing
7.1 Pricing and Payment
When users select a paid subscription, users must provide a valid and accepted payment form. Users will be charged based on the chosen plan pricing. You agree to pay SDC in accordance with the Terms and you authorize SDC or its third-party payment processors to bill your credit card or other payment method in advance on a periodic basis in accordance with such terms. The date of the payment counts as the first day of subscription. Subscription prices may vary by region and are subject to change on a prospective basis; changes will not affect a subscription period already paid for.
7.2 Automatic Renewal — Required Disclosures
Unless you cancel before the end of the applicable billing period, your subscription will automatically renew and the then-current fee will be charged to your payment method used, at the same interval (e.g. monthly, annually) as your original subscription, until you cancel. Before you are charged, we will present the total price, billing frequency, and cancellation method clearly and separately from other terms, and we will obtain your affirmative action (e.g. a distinct checkbox or button) to enroll in the recurring charge. We will provide advance notice before any renewal at an increased price where required by law.
7.3 Cancellation
You may cancel your subscription at any time through Account Settings > Subscription. Cancellation takes effect at the end of the then-current billing period unless otherwise stated; you will retain access to paid features through that period. Cancelling does not entitle you to a prorated refund except as stated in Section 7.5, or as required by law.
Automatic Renewal, Cancellation, and Refund Policy
- Automatic Renewal: By purchasing a recurring membership, you acknowledge that your subscription features a default automatic renewal item. Your account will be charged at the start of each renewal period unless you deactivate or cancel the automatic billing feature prior to your scheduled renewal date.
- Account Termination vs. Billing: If you actively delete your account or if your membership is terminated by the platform for a violation of our Terms, your recurring billing subscription will be automatically deactivated upon termination. You will not be billed for subsequent billing cycles following total account termination.
- Refund Policy & Statutory Rights: Except as provided below, all purchases and renewals are non-refundable.
- EEA & UK Consumers: You possess a statutory right to cancel your initial subscription or any automatic renewal within fourteen (14) days of the transaction date for a full or pro-rata refund, provided the Service has not been used.
- Global Requests: Refund requests outside the statutory window are evaluated at the platform's sole discretion.
Lifetime Upgrade: If you choose to upgrade an active, recurring subscription to a Lifetime Membership, any pre-paid, unused time remaining on your existing subscription tier will be credited pro-rata toward the purchase price of the Lifetime Membership. No cash refunds will be issued for overlapping billing periods during a lifetime upgrade.
Lifetime Membership: a lifetime membership is for the lifetime of the Service. Lifetime as such does not mean your lifetime. SDC retains the right to moderate or cancel a lifetime membership at any time for breach of our Terms. If you cancel your own lifetime membership and decide later to create a new account, it is up to SDC to decide, in its sole discretion, if there will be a reinstatement of your lifetime membership.
Except as required by Section 7.4 or compulsory law, all fees are non-refundable.
Mobile App Purchases (Apple App Store and Google Play)
- Third-Party Billing Framework: If you purchase a recurring subscription within our mobile application, your billing relationship is directly with the respective third-party platform provider (either Apple Inc. via the App Store or Google LLC via the Google Play Store, collectively referred to as "App Providers"). All subscription charges, billing cycles, payment methods, and automated renewals are governed entirely by the App Provider’s respective terms, conditions, and privacy policies.
- Subscription Cancellation: Deleting your account or deleting the mobile application from your device will not cancel your recurring subscription. To halt future recurring charges, you must actively deactivate the automatic renewal feature directly through your personal account settings managed by the applicable App Provider and at least 24 hours before your billing cycle ends.
- For Apple (iOS) Users: You must cancel your subscription via your iPhone/iPad Settings > SDC.com > Subscriptions, at least 24 hours before your billing cycle ends.
- For Google (Android) Users: You must cancel your subscription via the Google Play App > Account icon > Payments & Subscriptions > Subscriptions.
- Refund Processing and Policy: Because all transaction payments are collected and managed securely by the App Providers, we are technically unable to issue refunds, partial credits, or pro-rata adjustments for any mobile app purchases.
- How to Request a Refund: If you are entitled to a refund under applicable statutory laws (including the 14-day cooling-off windows in the EU and UK), you must submit your refund request directly to the App Provider who processed your payment.
- Apple Refund Requests: Must be submitted via Apple's official portal at apple.com.
- Google Play Refund Requests: Must be submitted via Google’s support center at google.com.
SDC does not possess the administrative authority to override, appeal, or modify any refund or cancellation determinations made by Apple or Google. Therefore, you (and us) are, in principle, bound by the decisions of Apple or Google.
7.4 EEA/UK Users — Statutory Right of Withdrawal
If you are a consumer in the EEA or UK, you have the right to withdraw from a purchase of digital Services within 14 days of the contract date without giving any reason, under the EU Consumer Rights Directive (2011/83/EU) and equivalent UK law. However, if you expressly request that we begin providing the subscription immediately and you acknowledge that you thereby lose your right of withdrawal once the Service has been fully performed, that right will lapse accordingly. Where the right of withdrawal applies and is exercised in time, we will refund all payments received within 14 days of being informed of your decision, using the same payment method you used if possible, unless it is agreed otherwise.
9. Intellectual Property Rights
The Service, including its software, design, trademarks, and all content we create (excluding user content), is owned by the Company or its licensors and protected by intellectual property laws. Except for the limited license to use the Service granted herein, no rights are transferred to you. “SDC.com” and associated logos are trademarks of the Company; you may not use them or alter them in any way, shape, or form without prior written consent.
10. Third-Party Services
The Service may integrate with third-party payment processors, identity-verification providers, and app store platforms (e.g., Apple App Store, Google Play). Your use of those Services is subject to their own terms and privacy policies, over which we have no control. See section 7.5.
a. Business Advertising
Positioning of advertisements is at the sole discretion of SDC. Advertiser acknowledges that SDC has not made any guarantees with respect to usage, statistics, or levels of impressions for any advertising except where expressly stated. SDC shall not be liable for any claims related to usage. Liability for typographical errors, wrong insertions, late publications, and/or nonpublication is limited to the amount charged to advertiser. In no event shall SDC be liable to advertiser or to any third party for any indirect, special, or consequential damages, including, but not limited to lost profits or unrealized business opportunity arising the publication of or failure to publish any advertisement.
SDC reserves the right to request full or partial payment before the publishing any advertisement and to cease publishing any advertisement when payment is overdue. In the event any account becomes past due, in addition, the full amount of the account shall immediately become due and payable by Advertiser. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable including but not limited to attorney’s fees and costs.
Advertisement campaigns scheduled for insertion may be cancelled by the advertiser. SDC will need to be notified in writing before the date of scheduled start of the advertising campaign. When advertiser cancels all or part of a campaign, advertiser is responsible for payment of the rate differential resulting from the cancellation.
SDC reserves the right to reject or cancel any advertisement campaign at any time, for any reason. Advertiser assumes all liability for the content of their advertising and agrees to defend, hold harmless, and indemnify SDC from all claims, losses, judgments, damages, costs, and expenses of any nature whatsoever, for which SDC may become liable for due to Advertiser's advertisements.
b. Paid and non-paid Advertisements Liability
SDC is not liable nor responsible for any inaccuracies for either paid or unpaid advertising content displayed on our platform. Any advertisement from any third party, whether express, implied, or statutory, including, but not limited to warranties or merchantability, accuracy, non-infringement, or quality of advertised, is not in any way connected to the SDC company itself, and does not constitute an endorsement of such product or Service.
The platform does not facilitate or process transactions between end-users and business users, and any purchase or engagement happens entirely off-platform and at the parties’ own risk. Any damage involved in purchasing or attending any product or Service advertised is at one's own responsibility.
If you purchase any offering by third parties, you are purchasing directly from those third parties, not from SDC. SDC is not responsible for examining or evaluating offerings. SDC does not assume any responsibility or liability for the actions, products, Services, or content of these third parties. SDC will not be liable for any loss, directly, indirectly, or consequential. These third parties may have their own terms and privacy policies, which are to be reviewed carefully.
10.2 Ranking of Business User Listings
This section applies to accounts submitted by business users and is provided in accordance with Article 5 of Regulation (EU) 2019/1150 ("P2B Regulation"). It describes the main parameters determining the ranking of business listings shown to end-users and their relative importance, without disclosing information that would enable end-users or business users to manipulate ranking through algorithm reverse-engineering, consistent with Art. 5(6).
Main Ranking Parameter: Geographic Proximity. The primary factor determining the order in which business listings are displayed to an end-user is the physical proximity between the business's registered account IP location and the end-user's self-reported or device-based approximate location. Listings located closer to the end-user are generally displayed first. This is the single most heavily weighted parameter in our default ranking.
Secondary Parameter: Randomized Rotation for Equivalent Proximity. Where two or more listings are equally or near-equally proximate to an end-user, those listings are displayed in randomized rotation between page loads, so that no listing is systematically favored over another with comparable proximity.
End-User Filters. End-users may reorder or narrow displayed listings using filters they control directly (for example, category, keyword, or distance range). Where an end-user applies such a filter, it overrides the default proximity-based ordering for that search.
No Paid Ranking Influence. Business users cannot pay, or provide any other direct or indirect consideration, to obtain a higher position in default search results or listing order. Purchasing advertising from Company (see Section 10 on Business Advertising) does not alter, and has no effect on, a business's position in the default, non-sponsored listing results. Where advertising placements are displayed, they are separately and clearly visible as advertising and are not part of the ranked listing results described in this section.
Reason for This Ranking Approach. We use proximity as the main parameter because, for a bulletin-board style directory, physical distance from the end-user is the characteristic most consistently relevant to the usefulness of a listing to that end-user. We do not use business performance metrics (such as engagement, reviews, or response rate), user account data, or paid placement to determine default ranking.
Zero On-Platform Transactions. Company operates as a listing and discovery Service only. It does not process, facilitate, or become a party to any transaction, booking, or payment between an end-user and a business user; any such engagement occurs entirely off-platform and directly between those parties involved.
Changes to Ranking Parameters. If we materially change the main parameters or their relative importance, we will update this section and provide notice to business users in accordance with Section 17 (Modifications to These Terms).
11. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any user’s conduct, account, or content is accurate or safe. Nothing in this section limits any warranty or remedy that cannot be excluded under applicable laws, including the statutory rights of EEA./UK consumers, which are unaffected by this section.
The Service may at times undo scheduled or emergency maintenance due to updates or other causes beyond our control. SDC will make every reasonable effort to provide advance notice of any Service disruption. User understands that user data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while SDC will make every effort to ensure that information provided to third-party vendors and hosting partners are transmitted securely, SDC cannot guarantee that these transmissions will be encrypted. Users acknowledge that users bear sole responsibility for adequate security, protection, and backup of user data. SDC is not liable for any unauthorized access or use of any of user data, or any corruption, deletion, destruction, or loss of any of user data.
The company cannot be held responsible for any actions or statements of any of its users, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to SDC. The Service provided is an ‘as seen’ basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. SDC will endeavor to provide a level of Service as indicated in all published materials. SDC agrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement.
From time to time, SDC may promote or facilitate contests, sweepstakes, giveaways, or other promotional events in collaboration with third-party vendors or companies (“vendors”). SDC is not responsible or liable for the fulfillment, quality, delivery, delays, customs duties, tariffs, taxes, or any other issues related to the prizes offered by these vendors. All responsibility for the provision of such prizes lies solely with the vendor. Participants agree to hold them harmless from any claims arising from participation in these promotions. SDC disclaims all liability related to the actions or inactions of the vendors and any resulting damage or loss.
12. Limitation of Liability
To the maximum extent permitted by law, the company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of the Service o your interaction with other users, whether online or in person. The aggregate liability of the platform for any claim arising out of these terms shall not exceed the greater of the amount you paid to the company in the 12 months preceding the claim. Jurisdictions that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, may cause some of the above limitations not applicable. In these jurisdictions, our liability will then be limited to the greatest extent permitted by law.
13. Indemnification
You agree to indemnify and hold harmless the company, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your content, or your interactions with other users, except to the extent caused by the company's own breach or negligence. For EEA/UK consumers, this section will not be applied in a manner that excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited under the law of your habitual residence, and SDC’s liability will be limited only to the greatest extent permitted by that law.
14. Dispute Resolution
14.1 US users — Binding Arbitration and Class Action Waiver
If you are a resident of the United States, except for claims that qualify for small-claims court or claims for injunctive relief regarding intellectual property or unauthorized access, you and the company agree to resolve any dispute arising from these Terms or the Service through binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and not as a class, collective, or representative action.
Informal Resolution: We will first try to resolve any claim, dispute, or controversy (collectively referred to as “claim”) informally. You and SDC may not start a formal proceeding for at least 30 days after an official notice of the claim in writing. Notice of the claim will include a written statement that includes (a) the claimant’s contact information, including but not limited to his or her primary address, phone number, and email address(es), (b) a detailed description of the facts giving rise to the claim and (c) the relief requested. You will send your notice by email to helpdesk@sdc.com AND to the address listed directly to: SDC Media LLC, 2054 Kildaire Road, #428, Cary, NC 27518 USA .
Formal Resolution: If we cannot resolve a claim informally, any asserted claim will be resolved by binding arbitration and not in courts of general jurisdiction. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration. Costs and expenses of the arbitration shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.
14.2 EEA/UK Users - Mandatory Rights
Nothing in these Terms limits any mandatory consumer protection you have under the law of your habitual residence, and pre-dispute arbitration is not imposed on EEA/UK consumers.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
For EEA/UK users, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your respective country of habitual residence, and you may bring proceedings in the courts of your own country of residence if so inclined.
16. Modifications to these Terms
We may modify these Terms from time to time. For material changes, we will provide notice by email or in-Service notification at least 15 days before the change takes effect (or immediately where required for legal or security reasons). Continued use of the Service after the effective date constitutes acceptance. EEA/UK users retain any right to reject a material change and then terminate their account without penalty where required by applicable law.
17. Complaint-Handling for EEA/UK Business Users
This section is provided in accordance with EEA and UK regulations that apply to business users of the Service:
17.1 Availability. Business users may submit a complaint free of charge regarding any of the following:
(a) an alleged failure by company to comply with any legal obligation under the P2B Regulation that affects the business user;
(b) technological issues directly related to the Service that affect the user;
(c) measures taken by company, or company's conduct, that relate to the business user's account, including ranking, restriction, suspension, or termination..
17.2 How to Submit a Complaint. Complaints may be submitted by emailing helpdesk@sdc.com and include: the business user's account/listing identifier, a description of the issue, the outcome sought, and any supporting documentation. Complaints submitted through other general support channels will be treated as a complaint under this section.
17.3 Handling Process.
We will acknowledge receipt within 7 business days. We will review the complaint on its individual merits, in good faith and in a non-discriminatory manner. We will respond with our decision and the reasoning behind it within 30 business days of receipt. Where a complaint is complex and requires additional time, we will inform the business user of the delay and the expected timeframe. Our response will be provided in plain language.
17.4 Outcome. Where we determine that a complaint is justified, we will take appropriate corrective action without undue delay, which may include reversing a moderation decision, correcting a technical issue, or providing an explanation of why the original measure was proportionate and correctly applied.
17.5 Relationship to Other Remedies. Use of this complaint procedure does not affect a user's right to pursue mediation, to bring proceedings before a competent court, or to exercise any other right available under applicable law. Complaints handled under this section are separate from the notice-and-reasons process for content moderation described in Section 6.
18. General Provisions
- Entire Agreement: These Terms, the Privacy Policy, Cookie Policy, and Community Guidelines constitute the entire agreement between you and the Company regarding the Service.
- Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
- No Waiver: Our failure to enforce any right or provision is not a waiver of that right.
You may not assign these Terms; the Company may assign them in connection with a merger, acquisition, or sale of assets.
What This Means For You
No User Transfer: You cannot give away or sell your account, rights, or duties under these terms to anyone else.
Company Freedom: The company can hand over your contract to a different corporation during a major business change.
Business Continuity: If a larger company buys the Service, your account and terms move to the new owner automatically without needing your special permission.
Force Majeure & Platform Availability
a. Excused Performance.
Neither our platform nor its affiliates, suppliers, or licensors shall be liable or responsible for any failure, disruption, degradation, or delay in performing its obligations under these Terms of Service, including any service downtime or unavailability of the platform, when such failure or delay is caused by or results from events beyond our reasonable control (a "Force Majeure Event").
b. Scope of Digital Events.
Force Majeure Events include, without limitation: (i) acts of God, fire, flood, or extreme weather; (ii) war, terrorism, civil unrest, or national emergencies; (iii) government orders, regulatory changes, or statutory interventions restricting digital services; (iv) industrial disputes, strikes, or widespread labor shortages; (v) telecommunications, internet, or hosting provider failures, major infrastructure blackouts, or routing disruptions; and (vi) catastrophic cyberattacks, ransomware deployment, large-scale Distributed Denial of Service (DDoS) attacks, or third-party software vulnerability exploits that occur despite our maintenance of commercially reasonable security protocols.
c. No Liability for Data Interruption.
You acknowledge and agree that during a Force Majeure Event, access to the platform, user accounts, and any stored data or user content may be temporarily suspended, altered, or inaccessible. The company is not responsible for any data loss, lost profits, or business interruption experienced by you or your end-users due to a Force Majeure Event.
d. Termination for Prolonged Outage.
If a Force Majeure Event completely prevents the delivery of core platform Services for a continuous period exceeding thirty (30) days, either party may terminate the affected account or subscription upon written notice, without further liability or penalty.
19. Contact Information
All inquiries, Trust & Safety, Abuse Reports: helpdesk@sdc.com
Financial notices: accounting@sdc.com
USA: SDC Media LLC, 2054 Kildaire Farm Rd, #428, Cary, NC 27518 USA
Languages: English, Dutch, French, German, Italian, Spanish – helpdesk@sdc.com
EEA Representative: ‘t Woud 45b, 3232 LN Brielle, The Netherlands
Languages: English and Dutch – helpdesk@sdc.com
UK Representative: Walker House, Market PI, Somerton TA11 7LX United Kingdom
Language: English – helpdesk@sdc.com
All others: SDC Media LLC, 2054 Kildaire Farm Rd, #428, Cary, NC 27518 USA
Languages: English, Dutch, French, German, Italian, Spanish – Helpdesk@sdc.com