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Last updated March 17, 2025
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Plum Check, Inc.’s (“PlumCheck’s,” “we,” “us,” and “our”) Services. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
Our Website, PlumCheck app, and Services are collectively referred to as our “Platform.”
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS PLATFORM.
These Terms of Use provide that all disputes between you and PlumCheck that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and not a judge or jury, and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with PlumCheck.
PlumCheck is a software-as-a-service platform that allows individuals (“PlumCheck Users”) to share verified identification and health information with other smartphone users. To use and obtain the benefits of the PlumCheck Services, you must create an account with PlumCheck and agree to the PlumCheck Privacy Policy, Terms of Use, and Authorization to Obtain and Release Information, and any other legal terms.
PlumCheck contracts with an independent third party to aid Smartphone Users in sharing verified identity information. PlumCheck does not independently verify the identity of Smartphone Users.
To enable PlumCheck Users to share verified health information, PlumCheck obtains health and medical information — including data pertaining to sexual health such as test results (including HIV test results), diagnoses, and vaccination statuses (collectively, “Health Data”) — from a PlumCheck User’s health care provider(s) and/or other third-party platforms that may maintain Health Data. We only do this when the PlumCheck User has provided consent for PlumCheck to obtain the Health Data. PlumCheck reviews the Health Data and generates a badge or summary of relevant health statuses, such as HIV status (negative, positive, undetectable), date of last STI screening, whether the PlumCheck User has a prescription for PrEP and/or DoxyPEP, and status of HPV, meningitis, Hepatitis A or B, and mpox vaccinations. These badges and summaries may be shown to, and available to, other smartphone users.
PlumCheck is not a health care provider and does not provide medical advice, care, and/or treatment.
By using the Services, you acknowledge the potential risks associated with the Services. These include but are not limited to the following:
PLUMCHECK AIMS TO PROMOTE SEXUAL HEALTH WELLNESS AND MITIGATE RISKS. HEALTH DATA BADGES AND SUMMARIES ARE GENERATED FROM HISTORICAL DATA PLUMCHECK OBTAINS FROM INDEPENDENT HEALTH CARE PROVIDERS AND OTHER THIRD-PARTY PLATFORMS THAT MAINTAIN HEALTH DATA AND MAY NO LONGER ACCURATELY REFLECT THE PLUMCHECK USER’S HEALTH STATUS WHEN VIEWED BY A SMARTPHONE USER. WHILE HEALTH DATA IS VERIFIED, PLUMCHECK CANNOT GUARANTEE SOMEONE’S HIV, STI, OR VACCINATION STATUS OR THAT YOU ARE SAFE FROM INFECTION OR ANY OTHER MEDICAL CONDITION OR RISK. IN ADDITION, ONCE YOUR INFORMATION IS SHARED WITH SMARTPHONE USERS, PLUMCHECK DOES NOT CONTROL THE FURTHER USE OR DISCLOSURE OF THAT INFORMATION, INCLUDING HEALTH DATA, BY THE SMARTPHONE USER, WHO MAY REDISCLOSE THE INFORMATION.
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, PlumCheck shall have no responsibility or liability for information or content provided by, or posted to the Platform, from any unaffiliated third party, including identity verification vendors.
Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of information, those protocols could fail, causing a breach of privacy of your information.
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.
PlumCheck may de-identify your information such that it is no longer considered personally identifiable information. PlumCheck may use, aggregate, sell, or otherwise disclose such de-identified information to third parties for analytics, research, or other purposes.
In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.
The Platform contains confidential and proprietary information, materials, data, processes, images, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by PlumCheck, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by PlumCheck. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not access or use any part of the Platform or the Services for any commercial purpose without express written consent of PlumCheck. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except your device may temporarily store copies of such materials incidental to your accessing and viewing those materials or that are automatically cached by your web browser for display enhancement purposes. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any photographs or graphics separately from the accompanying text; (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform; or (d) frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information of PlumCheck without our express written consent. If you breach these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform, establishing your account, utilizing the Services, or otherwise providing PlumCheck with any information or materials for any reason; and (b) maintain and promptly update all such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You agree not to provide any information that violates or infringes the privacy or intellectual property rights of any person. You represent and warrant to PlumCheck that you have the legal right and authorization to provide all information to PlumCheck for use as set forth herein.
PlumCheck will periodically check with health care providers and/or other third-party platforms that may maintain your Health Data to obtain any new or updated Health Data. If you learn that your health status has changed, it is your responsibility to ensure that your credentials/status within any applicable Dating/Networking App reflect that change and if not, refresh or reconnect your Health Data.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password, you agree to access such areas of the Platform using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party or allow others to access your account. You agree that you are fully responsible for all activity occurring under your user ID.
Your access to the Platform may be restricted or terminated for any reason, at our sole discretion.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient and your particular circumstances require using automated action on the Platform, please contact us through email at contact@plumcheck.io for an accommodation.
Violations of system or network security may result in civil or criminal liability. PlumCheck may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any software or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
You agree not to contact other Platform users through unsolicited email, telephone calls, mailings, or any other method of communication.
The Platform may enable access to PlumCheck’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. A link to a non-PlumCheck website or application does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of PlumCheck or any third party. To the extent you choose to use such External Services, you are solely responsible for compliance with all applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
YOU ARE AGREEING TO EXECUTE DOCUMENTS AND CONTRACTS USING ELECTRONIC SIGNATURES AND TO FOREGO UTILIZING PEN-AND-INK SIGNATURES ON PAPER. ADDITIONALLY, UNDER THESE TERMS, YOU ARE AGREEING TO RECEIVE COMMUNICATIONS AND DOCUMENTATION ELECTRONICALLY AND NOT ON PAPER.
When you use the Platform, or send emails, messages, and other communications from your device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We will not furnish paper copies unless you request them (and we are required by law to respond), except where we determine, in our sole discretion, we are required to deliver in paper form under applicable law or where we determine that you should receive communications in paper rather than electronic form. Such paper copies will be provided to you via mail to your primary physical mailing address appearing in our records or otherwise delivered as required by law.
PlumCheck may contact you to verify your information. PlumCheck may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not promptly provide this information, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
PlumCheck is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). Emails received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please Contact Us.
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you or PlumCheck. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you or PlumCheck, nor shall any provision give any third party any right of subrogation or action over or against you or PlumCheck. The Platform is only provided for your benefit and may not be relied on by any third party.
We will try to work in good faith to resolve any issue you have with the Platform, including the Services, if you bring that issue to our attention by contacting contact@plumcheck.io. However, we realize that there may be rare cases where we may not be able to resolve an issue to a user’s satisfaction.
You and PlumCheck agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and PlumCheck are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and PlumCheck.
If you desire to assert a claim against PlumCheck, and you therefore elect to seek arbitration, you must first send to PlumCheck, by certified mail, a written notice of your claim (“Notice”). The Notice to PlumCheck should be addressed to: Plum Check, Inc., Attn: 1178 Broadway, 3rd Floor #1348, New York, NY 10001 (“Notice Address”). If PlumCheck desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by PlumCheck, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If PlumCheck and you do not reach an agreement to resolve the claim within ninety (90) days after the Notice is received, you or PlumCheck may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by PlumCheck or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after PlumCheck receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless PlumCheck and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your address on file with us. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of PlumCheck’s last written settlement offer made before an arbitrator was selected (or if PlumCheck did not make a settlement offer before an arbitrator was selected), then PlumCheck will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND PLUMCHECK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PlumCheck agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York County, New York. Both PlumCheck and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
You agree to defend, indemnify, and hold PlumCheck harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Services, or any information posted on the Platform or access by anyone accessing the Platform using your user ID and password; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to PlumCheck; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
PLUMCHECK DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PLUMCHECK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED OR PROVIDED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. PLUMCHECK DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
PLUMCHECK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF PLUMCHECK TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) national or regional emergency; and (f) other events beyond the reasonable control of PlumCheck. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. PlumCheck shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
Copyright ©2024 Plum Check, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
PlumCheck reserves the right, in its sole discretion, to terminate your access to all or part of the Platform at any time upon notice to you. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between PlumCheck and you pertaining to the subject matter hereof. In its sole discretion, PlumCheck may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
If you have any questions, concerns, complaints, or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below:
Plum Check, Inc.
1178 Broadway
3rd Floor #1348
New York NY 10001
Email: contact@plumcheck.io
For Users
Join the PlumCheck community and find the honest connections you’ve been looking for.
For Partner Apps
PlumCheck is designed to integrate seamlessly with your dating or messaging app.
Let’s work together.
