Terms of use

Who we are

Stoke is run by John Thompson, a sole trader in New Zealand trading as Stoke, at 38 Kashmir Road, Glen Eden, Auckland 0602, New Zealand. Email: john@fyre.nz.

Who can use Stoke

• Adults only: you must be 18 or over, or older if that's the age of adulthood where you live.
• Stoke is for people already in a relationship. Each partner has their own account, and you link only with someone who has freely chosen to link with you.
• Your account is for you alone. Don't share it or use anyone else's.
• Keep your password and sign-in safe, and tell us if you think someone else has used your account.

Consent and safety

Please read this part carefully.

• An answer or a match is not consent. A match means you both said you're interested, nothing more. Always talk first, agree together, and remember that either of you can change your mind at any time, including in the moment.
• Some activities carry real physical or emotional risks, and some are marked high-risk and hidden unless you choose to see them. Learn about an activity, use safe words and precautions, and stop if anything feels wrong.
• Stoke is a conversation starter. It isn't medical, sexual-health, psychological, relationship or legal advice. Talk to a qualified professional if you need that.
• Laws differ between countries and states. It's up to you to make sure what you do is legal where you are.
• If you are in an abusive or controlling relationship, please don't feel you have to use Stoke. Nobody should be pressured to link, answer, or show their screen.

Using Stoke fairly

You agree not to:

• pressure or trick anyone into linking, answering, or showing you their account or answers;
• sign in to your partner's account, or try to find out their answers by any route other than matches;
• get around Stoke's limits, security or privacy protections, or test them without our permission;
• copy, scrape or resell Stoke's content, or use automated tools on it;
• send suggestions that identify real people, involve anyone under 18, describe anything without consent as acceptable, or are otherwise illegal or hateful.

Your content and ours

• Your answers belong to you. We use them only to run Stoke, as our privacy policy describes.
• If you send a suggestion, you let us use, edit and publish it as part of Stoke, without credit and without payment. Published activities never show who suggested them.
• The app, its activity list, descriptions and artwork belong to Stoke. You may use them for your own personal use of Stoke.

Premium

• Stoke is free to use. Premium is an optional paid plan that adds more activities. What it includes and its prices are shown on the Premium page before you buy. Prices are in US dollars and include any sales tax that applies.
• One plan covers both of you while you're linked. If you unlink, the person who pays keeps it.
• Premium renews automatically each month or year, at the price you signed up at, until you cancel. You can cancel at any time from Premium → Manage billing. Premium then continues until the end of the period you've paid for, and isn't renewed.
• We don't give refunds for part of a period, except where the law requires it or as described under "Closing accounts" below.
• If we change the price, it applies to new subscriptions only. Your existing subscription keeps its price until you cancel it.
• If a payment fails, Premium carries on for a few days while the payment is retried, then pauses. Your answers are kept, and matches on Premium activities are hidden, not deleted, until Premium starts again.
• We may add activities to Premium, move them between free and Premium, or change what Premium includes. Answers you've already given are always kept.
• Deleting your account cancels your subscription.
• Payments are handled by Stripe, under its own terms. Card statements show just "Stoke".

Changes and availability

We keep improving Stoke, so we may add, change or remove activities and features. We work to keep Stoke running, but it may sometimes be unavailable, for example for maintenance. If we ever decide to close Stoke, we'll give you at least 30 days' notice so you can download your data, and refund any unused paid time.

Closing accounts

• You can delete your account at any time from Settings. It's immediate and permanent.
• We may suspend or close an account that breaks these terms: for example, one used to harm or pressure someone, one belonging to someone under age, or one used to get around Stoke's limits or protections. Where it's safe and practical, we'll tell you why.
• If we close an account that hasn't broken these terms, we refund any unused paid time.

Your consumer rights and our responsibility

Nothing in these terms takes away rights you have under consumer law that can't be excluded, such as the New Zealand Consumer Guarantees Act, the Australian Consumer Law, or the consumer laws of your US state.

Apart from those rights, and as far as the law allows: Stoke is provided as it is; we aren't responsible for what you and your partner choose to do, or for losses that aren't a foreseeable result of our breaking these terms; and our total responsibility to you is limited to the amount you paid us in the 12 months before the problem arose. These limits don't apply where we've acted fraudulently or with gross negligence.

Which law applies

These terms are governed by the law of New Zealand, and disputes go to the New Zealand courts. If you live somewhere else, you keep any protection the law of your home country or state gives you, and may be able to bring a claim there. Please contact us first: most problems can be sorted out quickly.

Changes to these terms

If we change these terms, we'll update the date at the top. If a change matters, we'll tell you in the app or by email before it takes effect. If you don't agree with a change, you can delete your account; continuing to use Stoke after the change means you accept it.

Contact

John Thompson (Stoke), 38 Kashmir Road, Glen Eden, Auckland 0602, New Zealand. Email: john@fyre.nz.