Terms of Service
Last Updated: [DATE] Effective Date: [DATE]
Quick Summary
These Terms of Service govern your use of Boba. By using our platform, you agree to these terms. You must be at least 13 years old (or older in some jurisdictions) to use our services. If you're under 18, a parent or guardian must review and accept these terms on your behalf.
Part 1: Core Terms
1. Introduction & Acceptance
1.1 Agreement to Terms
Welcome to Boba ("Platform," "Service," "we," "us," or "our"). These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Boba, LLC, a Colorado limited liability company ("Company").
By accessing or using the Platform—including by creating an account, browsing our website, downloading our mobile application, or using any of our services—you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
These Terms apply to all users of the Platform, including visitors, registered users, content creators, buyers, sellers, and any other individuals who access or use any part of our services.
1.2 Additional Terms
Certain features of the Platform may be subject to additional terms and conditions, which are incorporated into these Terms by reference. These include:
- Privacy Policy — How we collect, use, and protect your information
- Community Guidelines — Rules for user conduct and content standards
- Feature-Specific Terms — Additional terms that apply when you use specific features (such as live streaming, marketplace transactions, or location sharing)
- Regional Supplements — Additional terms that apply based on your location
If there is a conflict between these Terms and any feature-specific or regional terms, the more specific terms will control with respect to that feature or region.
1.3 Eligibility
To use the Platform, you must meet the following requirements:
Age Requirements:
- You must be at least 13 years of age to use the Platform.
- If you are located in the European Economic Area (EEA), you must be at least 16 years of age, or the minimum age required in your country to consent to data processing, whichever is higher.
- If you are located in South Korea, you must be at least 14 years of age.
- [ADDITIONAL JURISDICTION-SPECIFIC AGE REQUIREMENTS AS NEEDED]
Minors (Under 18): If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By allowing a minor to use the Platform, the parent or guardian agrees to:
- Supervise the minor's use of the Platform
- Assume all risks associated with the minor's use, including responsibility for the minor's conduct and any content they create or share
- Ensure the minor's use complies with these Terms
- Accept full liability for any unauthorized use by the minor
General Eligibility:
- You must have the legal capacity to enter into a binding agreement.
- You must not be prohibited from using the Platform under the laws of your jurisdiction.
- You must not have been previously banned or removed from the Platform for violating these Terms.
- If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.
1.4 Changes to These Terms
We may update these Terms from time to time. For details on how we notify you of changes and how acceptance works, see Section 13: Modifications to Terms. Your continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms.
2. Definitions
The following terms have specific meanings when used in these Terms of Service. Understanding these definitions will help you interpret your rights and obligations under this Agreement.
2.1 Platform and Company Terms
| Term | Definition |
|---|---|
| "Platform" or "Service" | The Boba website (located at https://boba.town), mobile applications, and all related services, features, content, and functionality provided by the Company. |
| "Company," "we," "us," or "our" | Boba, LLC, including its subsidiaries, affiliates, officers, employees, agents, partners, and licensors. |
| "Website" | The website located at https://boba.town and any associated subdomains. |
| "App" or "Application" | The Boba mobile application available for download on iOS, Android, or other supported platforms. |
2.2 User Terms
| Term | Definition |
|---|---|
| "User," "you," or "your" | Any individual who accesses or uses the Platform, whether or not they have created an account. |
| "Account" | A registered user profile that allows access to the Platform's features and services. |
| "Account Holder" | A User who has created and maintains an Account on the Platform. |
| "Member" | A registered Account Holder in good standing. |
| "Creator" | A User who creates, uploads, or shares Content on the Platform. |
| "Viewer" | A User who consumes or interacts with Content on the Platform. |
| "Buyer" | A User who purchases products or services through the Platform's marketplace features. |
| "Seller" | A User who lists and sells products or services through the Platform's marketplace features. |
2.3 Content Terms
| Term | Definition |
|---|---|
| "Content" | Any text, images, photos, videos, audio, graphics, files, data, information, or other materials uploaded, posted, shared, streamed, or otherwise made available on or through the Platform. |
| "User Content" | Content that is created, uploaded, posted, or shared by Users, including but not limited to videos, live streams, comments, messages, profile information, and marketplace listings. |
| "Platform Content" | Content that is owned by or licensed to the Company, including but not limited to the Platform's design, layout, graphics, logos, icons, images, text, software, and documentation. |
| "Third-Party Content" | Content that originates from sources other than the Company or Users, including embedded media, linked websites, and integrated services. |
2.4 Feature-Specific Terms
| Term | Definition |
|---|---|
| "Live Stream" | Real-time video or audio broadcast transmitted through the Platform. |
| "Location Data" | Geographic information about a User's physical location, including precise GPS coordinates or approximate location based on IP address or other signals. |
| "Background Location" | Location Data collected while the App is running in the background or when the User is not actively using the Platform. |
| "Circle" or "Group" | A defined set of Users who have agreed to share certain information (such as location) with each other. |
| "Marketplace" | The Platform's e-commerce features that enable Users to buy and sell products or services. |
| "Virtual Gifts" or "Tips" | Digital items or monetary contributions that Users can send to Creators. |
| "AI Features" | Platform features that use artificial intelligence, machine learning, or similar automated technologies to generate, modify, analyze, or recommend Content or provide interactive assistance. |
| "Automated Systems" | Software systems that make decisions or take actions without direct human involvement, including content moderation systems, recommendation algorithms, spam detection, and account risk assessment tools. |
| "AI-Generated Content" | Content that is created, in whole or in part, by AI Features, including text, images, audio, video, code, or other outputs produced by generative AI tools. |
| "Algorithmic Recommendations" | Content, accounts, products, or other items surfaced or ranked by Automated Systems based on User behavior, preferences, or inferred interests. |
2.5 Legal and Privacy Terms
| Term | Definition |
|---|---|
| "Personal Information" | Information that identifies, relates to, describes, or could reasonably be linked to a particular individual. See our Privacy Policy for detailed information about how we collect, use, and protect Personal Information. |
| "Terms," "Agreement," or "Terms of Service" | This document, including any amendments, supplements, or policies incorporated by reference. |
| "Community Guidelines" | The rules and standards for User conduct and Content, which are incorporated into these Terms by reference. |
| "Intellectual Property Rights" | All patent rights, copyright rights, trademark rights, trade secret rights, moral rights, rights of publicity, and any other intellectual property or proprietary rights recognized in any jurisdiction. |
2.6 Additional Definitions
Additional terms may be defined within specific sections of these Terms or in feature-specific addendums. When a term is defined within a particular section, that definition applies throughout these Terms unless otherwise specified.
3. Account Registration & Security
3.1 Account Creation
To access certain features of the Platform, you must create an Account. When creating an Account, you agree to:
- Provide accurate, current, and complete information during the registration process
- Maintain and promptly update your Account information to keep it accurate, current, and complete
- Provide a valid email address that you have access to and regularly monitor
- Choose a username that does not violate these Terms, infringe on the rights of others, or impersonate another person or entity
We reserve the right to reject any Account registration, or to suspend or terminate any Account, at our sole discretion, for any reason or no reason, including if we believe that the information provided is inaccurate, misleading, or violates these Terms.
3.2 One Account Per Person
Unless expressly permitted by us in writing, you may only create and maintain one Account. Creating multiple Accounts for the same individual is prohibited and may result in termination of all associated Accounts. This includes creating new Accounts after a previous Account has been suspended or terminated.
3.3 Account Security
You are responsible for maintaining the confidentiality and security of your Account credentials (including your password, authentication tokens, and any other security information). You agree to:
- Create a strong, unique password that you do not use for any other service
- Keep your login credentials confidential and not share them with any other person
- Enable additional security features when available
- Log out of your Account at the end of each session, especially when using shared or public devices
- Take reasonable precautions to prevent unauthorized access to your Account
3.4 Unauthorized Access
You agree to notify us immediately at security@boba.town if you become aware of or suspect any of the following:
- Unauthorized access to or use of your Account
- Any breach of security affecting your Account
- Loss or theft of your login credentials
- Any unauthorized use of your username or password
We will not be liable for any loss or damage arising from your failure to comply with these security requirements or from unauthorized access to your Account, except to the extent caused by our gross negligence or willful misconduct.
3.5 Account Sharing Restrictions
Your Account is personal to you and may not be transferred, sold, or assigned to another person. You may not:
- Share your Account credentials with others
- Allow others to access or use your Account
- Use another person's Account without their express permission
- Access the Platform using another person's credentials
3.6 Business and Organization Accounts
If you are creating an Account on behalf of a business, organization, or other entity:
- You represent and warrant that you have the authority to bind that entity to these Terms
- The entity agrees to be bound by these Terms through your acceptance
- "You" and "your" in these Terms will refer to both you as an individual and the entity you represent
- You are responsible for ensuring that all individuals who access the Platform through your organization's Account comply with these Terms
- You may designate administrators who can manage the Account on behalf of the organization, but the organization remains responsible for their actions
3.7 Account Verification
We may require you to verify your identity or certain Account information at any time. This may include:
- Email or phone number verification
- Identity document verification
- Address verification
- Age self-declaration
- Payment method verification (for certain features)
Failure to complete required verification may result in limited access to certain features or suspension of your Account.
4. General User Conduct
4.1 Lawful Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Platform complies with all applicable local, state, national, and international laws and regulations.
4.2 Prohibited Conduct
You agree not to engage in any of the following prohibited activities while using the Platform:
4.2.1 Harmful Behavior Toward Others
- Harassment and Bullying: Engaging in conduct that harasses, intimidates, bullies, or threatens any individual, including repeated unwanted contact, targeted insults, or coordinated attacks
- Hate Speech and Discrimination: Promoting hatred, violence, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic
- Threats and Violence: Making threats of violence, encouraging violence against others, or glorifying violent acts
- Doxxing: Publishing or threatening to publish private or identifying information about another person without their consent
- Sexual Harassment: Engaging in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature
4.2.2 Deceptive and Fraudulent Conduct
- Impersonation: Falsely claiming to be another person, entity, or organization, or misrepresenting your affiliation with any person or entity
- Fraud and Scams: Engaging in any fraudulent activity, including phishing, advance-fee schemes, fake giveaways, or other deceptive practices designed to obtain money, property, or personal information
- Misinformation: Deliberately spreading false or misleading information that could cause harm, particularly regarding health, safety, elections, or emergencies
- Fake Engagement: Artificially inflating views, likes, followers, or other metrics through automated means, purchased engagement, or coordinated inauthentic behavior
4.2.3 Spam and Manipulation
- Spam: Sending unsolicited bulk messages, posting repetitive content, or engaging in any other spamming activity
- Platform Manipulation: Manipulating Platform features, algorithms, or systems to gain an unfair advantage or to distort how content is displayed or ranked
- Coordinated Inauthentic Behavior: Operating multiple accounts or coordinating with others to artificially amplify content, manipulate conversations, or mislead other Users
4.2.4 Security Violations
- Unauthorized Access: Attempting to gain unauthorized access to any portion of the Platform, other Users' Accounts, or any systems or networks connected to the Platform
- Malware and Malicious Code: Uploading, transmitting, or distributing any viruses, worms, Trojan horses, ransomware, spyware, or other malicious code or software
- Interference: Interfering with or disrupting the Platform, servers, or networks connected to the Platform, including through denial-of-service attacks or excessive automated requests
- Circumvention: Bypassing, disabling, or otherwise circumventing any security features, access controls, or technological protection measures of the Platform
- Reverse Engineering: Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code of any Platform software, except as expressly permitted by applicable law
4.2.5 Illegal Activities
- Illegal Goods and Services: Using the Platform to buy, sell, promote, or facilitate the exchange of illegal goods or services, including but not limited to illegal drugs, weapons, counterfeit goods, or stolen property
- Financial Crimes: Engaging in money laundering, terrorist financing, or other financial crimes
- Exploitation of Minors: Any content or conduct that sexually exploits or endangers minors, including child sexual abuse material (CSAM), grooming, or solicitation
- Intellectual Property Infringement: Infringing on the intellectual property rights of others, including copyright, trademark, or patent infringement
- Privacy Violations: Violating the privacy rights of others, including unauthorized collection, use, or disclosure of personal information
4.2.6 Platform Abuse
- Terms Violations: Assisting, encouraging, or enabling others to violate these Terms
- Evasion: Creating new Accounts or using other means to circumvent enforcement actions, including suspensions, bans, or feature restrictions
- Commercial Misuse: Using the Platform for unauthorized commercial purposes, including unauthorized advertising, solicitation, or promotional activities
- Data Harvesting: Collecting or harvesting any information from the Platform through automated means (such as scraping, crawling, or bots) without our express written permission
4.3 Reporting Violations
If you encounter Content or conduct that you believe violates these Terms or our Community Guidelines, we encourage you to report it through the following channels:
- In-App Reporting: Use the report feature available on Content or profiles within the Platform
- Email: Contact us at reports@boba.town
- Online Form: Submit a report through https://boba.town/report
We review all reports and take appropriate action, which may include removing Content, issuing warnings, suspending Accounts, or terminating Accounts. We may not be able to respond individually to every report, but we take all reports seriously.
4.4 Cooperation with Investigations
You agree to cooperate with us in investigating suspected violations of these Terms, including by providing information and assistance as reasonably requested. This may include cooperation with law enforcement when required by law or when we believe it is necessary to protect the safety of our Users or the public.
4.5 Enforcement
We reserve the right, but are not obligated, to monitor the Platform for violations of these Terms. We may, in our sole discretion and without prior notice:
- Remove or disable access to any Content that violates these Terms
- Issue warnings to Users who violate these Terms
- Temporarily or permanently suspend or terminate Accounts
- Report violations to law enforcement authorities
- Take any other action we deem appropriate to enforce these Terms
Our enforcement decisions are final, though we may provide an appeals process for certain actions as described in our Community Guidelines.
4.6 Feature-Specific Conduct Rules
Additional conduct rules may apply to specific features of the Platform. These rules are set forth in the applicable feature-specific addendums and Community Guidelines, which are incorporated into these Terms by reference.
5. Intellectual Property Rights
5.1 Platform Ownership
The Platform and all of its contents, features, and functionality—including but not limited to the software, code, design, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the selection and arrangement thereof ("Platform Content")—are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
5.2 License to Use the Platform
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Platform for your personal, non-commercial use
- Download and install a copy of the App on a mobile device that you own or control
- Access and view Platform Content and User Content made available to you through the Platform
This license does not include any right to:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Platform Content
- Use any data mining, robots, or similar data gathering or extraction methods on the Platform
- Download (other than page caching) any portion of the Platform or any Platform Content, except as expressly permitted
- Use the Platform or any Platform Content for any commercial purpose without our prior written consent
5.3 Restrictions on Platform Intellectual Property
You agree not to:
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Platform or any Platform Content
- Use the Company's name, trademarks, or logos without prior written permission, except as necessary to refer to the Company or Platform in a manner consistent with these Terms
- Frame or mirror any portion of the Platform without our express written consent
- Use any meta tags or other hidden text or metadata utilizing the Company's trademarks, logos, or product names without our express written consent
- Access or use the Platform for the purpose of building a competitive product or service, or for any other competitive purposes
5.4 Feedback and Suggestions
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Platform ("Feedback"), you hereby grant to the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback in any media or format, whether now known or hereafter developed, without any obligation to provide attribution or compensation to you.
You acknowledge and agree that:
- Feedback is provided voluntarily and on a non-confidential basis
- We are not obligated to use any Feedback
- We may already have similar ideas or features in development
- You are not entitled to any compensation for Feedback, even if we incorporate it into our products or services
5.5 Copyright Policy and DMCA
We respect the intellectual property rights of others and expect our Users to do the same. We respond to notices of alleged copyright infringement that comply with applicable law, including the Digital Millennium Copyright Act ("DMCA").
5.5.1 Reporting Copyright Infringement
If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and where it is located on the Platform (such as a URL)
- Your contact information, including your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner
5.5.2 DMCA Designated Agent
Please send copyright infringement notices to:
Boba, LLC Attn: DMCA Agent 1312 17th Street Unit #2635, Denver, CO 80202 Email: dmca@boba.town
5.5.3 Counter-Notification
If you believe that your Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent containing:
- Your physical or electronic signature
- Identification of the material that was removed or disabled and where it appeared before removal
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if outside the United States, any judicial district in which the Company may be found), and that you will accept service of process from the person who provided the original notification
5.5.4 Repeat Infringers
We may, in appropriate circumstances and at our sole discretion, terminate the Accounts of Users who are repeat infringers of intellectual property rights.
5.6 Trademark Guidelines
Our trademarks, service marks, and trade dress may not be used in connection with any product or service without our prior written consent. If you wish to use our trademarks for any purpose, please contact us at trademarks@boba.town to request permission.
When referring to the Platform or Company in a factual, non-trademark manner:
- Use the full name "Boba" rather than abbreviations
- Do not alter, animate, or distort our logos or trademarks
- Do not combine our marks with other words, designs, or symbols
- Do not use our marks in a manner that implies sponsorship, endorsement, or affiliation without permission
6. User Content
6.1 Your Ownership of User Content
You retain all ownership rights in the User Content you create, upload, post, or share on the Platform. Nothing in these Terms transfers ownership of your User Content to the Company. You are solely responsible for your User Content and the consequences of posting or publishing it.
6.2 License Grant to the Company
By creating, uploading, posting, or sharing User Content on or through the Platform, you grant to the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating, developing, providing, promoting, and improving the Platform and our services, and for developing new products and services.
This license includes the right to:
- Display your User Content to other Users according to your privacy and sharing settings
- Store and back up your User Content on our servers
- Modify or adapt your User Content for technical purposes (such as formatting, compression, or optimization for different devices)
- Use your User Content for promotional purposes (such as featuring content on our website, social media, or marketing materials), unless you opt out through your Account settings where available
- Sublicense these rights to our service providers, partners, and other third parties to the extent necessary to provide the Platform
Duration: This license continues for as long as your User Content remains on the Platform. If you delete your User Content or your Account, we will cease using your User Content for new purposes within a commercially reasonable time, except that:
- Copies of your User Content may remain in our backup systems for a limited period
- User Content that has been shared with others, embedded elsewhere, or cached may continue to exist outside of our control
- We may retain User Content as necessary to comply with legal obligations, resolve disputes, or enforce our Terms
- Anonymized or aggregated data derived from your User Content may be retained indefinitely
6.3 License Grant to Other Users
By making User Content available to other Users through the Platform, you grant those Users a non-exclusive license to access, view, and interact with your User Content as permitted by the Platform's features and your privacy settings. This license allows other Users to:
- View your User Content according to your sharing settings
- Share links to your User Content through the Platform's sharing features
- Comment on, react to, or otherwise engage with your User Content as permitted by Platform features
- Download or save your User Content only where explicitly permitted by Platform features and your settings
This license does not permit other Users to use your User Content for commercial purposes, claim ownership of your User Content, or use your User Content in ways that violate these Terms.
6.4 Content Representations and Warranties
By posting User Content, you represent and warrant that:
- Ownership or Rights: You own your User Content or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as described in these Terms
- No Infringement: Your User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
- Accuracy: To the extent your User Content contains factual statements, those statements are accurate to the best of your knowledge
- Compliance: Your User Content complies with these Terms, our Community Guidelines, and all applicable laws and regulations
- Consents: You have obtained all necessary consents from any individuals who appear in or are identifiable in your User Content, including consent to use their name, likeness, or voice
- No Harmful Content: Your User Content does not contain viruses, malware, or other harmful code, and is not designed to disrupt, damage, or interfere with the proper functioning of any software, hardware, or equipment
6.5 Prohibited User Content
You agree not to create, upload, post, or share User Content that:
- Violates the prohibited conduct rules in Section 4.2
- Infringes on any third party's intellectual property rights
- Contains nudity, sexually explicit material, or pornography, except where expressly permitted by feature-specific terms
- Depicts or promotes violence, self-harm, or dangerous activities
- Contains personal or confidential information about others without their consent
- Is false, misleading, or deceptive
- Constitutes spam or unsolicited commercial messages
- Violates any applicable law or regulation
For detailed content standards, please refer to our Community Guidelines.
6.6 Content Moderation
We have the right, but not the obligation, to monitor, review, screen, edit, or remove any User Content at any time and for any reason, without prior notice to you. We may use automated systems, human review, or a combination of both to moderate User Content.
We may remove or disable access to User Content that we determine, in our sole discretion:
- Violates these Terms or our Community Guidelines
- May create liability for the Company
- May harm the experience of other Users
- Is otherwise objectionable
Removal of User Content does not affect any license rights you have granted prior to removal, nor does it limit our right to retain copies as described in Section 6.2.
6.7 Content Backup Responsibility
You are solely responsible for maintaining backup copies of your User Content. We are not responsible for any loss, corruption, or deletion of User Content, whether caused by you, other Users, third parties, or system failures.
While we implement reasonable measures to protect User Content stored on our systems, we do not guarantee that User Content will be available, secure, or free from loss. We strongly recommend that you maintain independent backups of any User Content that is important to you.
6.8 Feature-Specific Content Terms
Additional terms may apply to specific types of User Content or to User Content created or shared through specific Platform features. These terms are set forth in the applicable feature-specific addendums and are incorporated into these Terms by reference.
7. Third-Party Services & Links
7.1 Third-Party Content and Links
The Platform may contain links to third-party websites, applications, services, or resources ("Third-Party Services") that are not owned or controlled by us. These links may be provided for your convenience, included in User Content, or integrated into Platform features.
We do not endorse, control, or assume any responsibility for Third-Party Services, including their content, privacy policies, practices, or availability. Your access to and use of Third-Party Services is at your own risk and subject to the terms and conditions and privacy policies of those services.
7.2 No Endorsement
The inclusion of any link or integration with a Third-Party Service does not imply:
- Endorsement, approval, or recommendation by the Company
- Any affiliation or partnership with the third party
- Any guarantee of the quality, accuracy, reliability, or safety of the Third-Party Service
- Any responsibility for the content, products, or services offered by the third party
We encourage you to review the terms of service and privacy policies of any Third-Party Services before using them or providing them with any personal information.
7.3 Integrated Third-Party Services
To provide certain features and functionality, the Platform integrates with various Third-Party Services, which may include:
- Payment Processors: We use third-party payment processors to handle transactions on the Platform. When you make a purchase or receive payments through the Platform, your payment information is collected and processed by these third parties in accordance with their own terms and privacy policies. Stripe
- Analytics Providers: We use third-party analytics services to help us understand how Users interact with the Platform. These services may collect information about your use of the Platform in accordance with their own privacy policies.
- Cloud Services: We use third-party cloud infrastructure providers to host and deliver the Platform. Your data may be stored and processed on servers operated by these providers.
- Authentication Services: You may have the option to log in to the Platform using third-party authentication services (such as social media accounts). When you use these services, you authorize us to access certain information from your third-party account as permitted by that service.
- Communication Services: We may use third-party services to send you emails, push notifications, or SMS messages.
Your use of these integrated Third-Party Services is subject to both these Terms and the terms and privacy policies of the respective third parties.
7.4 Third-Party Service Availability
We do not guarantee the continued availability of any Third-Party Services or integrations. Third-Party Services may be modified, suspended, or discontinued at any time by the third party or by us, with or without notice. We are not liable for any loss or damage caused by:
- The unavailability or discontinuation of any Third-Party Service
- Changes to Third-Party Services that affect Platform functionality
- Actions taken by third parties that affect your use of the Platform
- Data loss or security incidents involving Third-Party Services
7.5 API and Developer Access
If you access or use the Platform through an application programming interface (API) or develop applications that integrate with the Platform, additional terms may apply. These terms are set forth in our API and Developer Addendum, which is incorporated into these Terms by reference.
Use of our API is subject to:
- Registration and approval requirements
- Rate limits and usage quotas
- Data handling and privacy requirements
- Compliance with these Terms and all applicable laws
We reserve the right to revoke API access at any time, for any reason, with or without notice.
7.6 Third-Party Disputes
Any disputes you have with Third-Party Services or their operators are solely between you and the third party. You agree to release and hold harmless the Company from any claims, demands, damages, losses, liabilities, costs, or expenses arising from or related to:
- Your use of Third-Party Services
- Any transactions or interactions between you and third parties
- Any content, products, or services provided by third parties
- Any violation of third-party terms or policies
This release does not apply to the extent prohibited by applicable law.
8. Important Service Limitations
Please read this section carefully. It contains important information about the nature of the Platform and the limitations of the services we provide.
8.1 Not a Replacement for Emergency Services
THE PLATFORM IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. IN ANY EMERGENCY SITUATION, ALWAYS CONTACT YOUR LOCAL EMERGENCY SERVICES (SUCH AS 911 IN THE UNITED STATES, 999 IN THE UNITED KINGDOM, 112 IN THE EUROPEAN UNION, OR THE APPROPRIATE EMERGENCY NUMBER IN YOUR LOCATION) DIRECTLY.
You acknowledge and agree that:
- The Platform is designed for general informational, social, and commercial purposes, and is not intended to provide emergency response or public safety services
- We do not monitor the Platform for emergency situations and cannot dispatch emergency services on your behalf
- Any safety or location-sharing features are provided as a convenience and should not be relied upon as a substitute for contacting emergency services directly
- We make no guarantees regarding the availability, reliability, accuracy, or timeliness of any Platform features, including location data or alerts
- Network connectivity issues, device malfunctions, software errors, or other technical problems may prevent the Platform from functioning as expected during critical moments
- We are not responsible for any harm, injury, loss, or damage that results from your reliance on the Platform instead of contacting emergency services directly
If you are experiencing a medical emergency, are in immediate danger, or need urgent assistance, please contact emergency services immediately.
8.2 No Professional Advice
The Platform may contain information, content, or features related to various topics, including but not limited to health, fitness, finance, legal matters, and safety. This information is provided for general informational and educational purposes only and should not be construed as professional advice.
You acknowledge and agree that:
Not Medical Advice: Any health, wellness, or fitness information on the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Platform.
Not Legal Advice: Any information on the Platform regarding legal matters is provided for general informational purposes only and does not constitute legal advice. You should consult with a qualified attorney for advice regarding your specific legal situation.
Not Financial Advice: Any information on the Platform regarding financial matters, including investments, taxes, or personal finance, is provided for general informational purposes only and does not constitute financial, investment, or tax advice. You should consult with a qualified financial professional before making any financial decisions.
Not Safety Advice: Any safety tips, recommendations, or features on the Platform are provided for general informational purposes only. You should use your own judgment and consult with appropriate professionals regarding your specific safety needs and circumstances.
Reliance on Information: Any reliance you place on information provided through the Platform is strictly at your own risk. We are not liable for any decisions you make or actions you take based on information obtained through the Platform.
8.3 Use at Your Own Risk
Your use of the Platform is at your sole risk. You acknowledge and agree that:
No Guaranteed Outcomes: We do not guarantee any particular results, outcomes, or benefits from your use of the Platform. The effectiveness of Platform features may vary based on numerous factors outside of our control.
User Responsibility: You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information, content, products, or services available through the Platform.
Interactions with Others: Any interactions you have with other Users, including but not limited to communications, transactions, meetups, or sharing of personal information, are entirely at your own risk. We are not responsible for the conduct of any User, whether online or offline.
Location and Safety Features: If you use location-sharing or safety features, you acknowledge that these features have inherent limitations, including potential inaccuracies in location data, delays in transmission, and dependence on network connectivity and device functionality. You should not rely solely on these features for your personal safety.
Physical Activities: If the Platform includes features related to physical activities (such as fitness tracking, outdoor activities, or meetups), you acknowledge that such activities carry inherent risks. You are solely responsible for assessing your own physical condition and ability to participate in any activities.
Marketplace Transactions: If you buy or sell goods or services through the Platform, you acknowledge that we are not a party to those transactions and are not responsible for the quality, safety, legality, or delivery of any goods or services.
8.4 AI and Algorithmic Systems
The Platform uses artificial intelligence, machine learning, and other Automated Systems to provide and improve our services. You acknowledge and agree that:
No Guarantee of Accuracy: AI Features may produce outputs that are inaccurate, incomplete, misleading, or biased. AI-Generated Content does not represent the views, opinions, or endorsements of the Company. You are solely responsible for evaluating and verifying any AI-Generated Content before relying on it or sharing it with others.
Not a Substitute for Human Judgment: AI Features are tools intended to assist you, not to replace your own judgment. Do not rely on AI Features as a substitute for professional advice (including medical, legal, financial, therapeutic, or other specialized guidance). The limitations in Section 8.2 (No Professional Advice) apply fully to AI Features.
Variability and Changes: AI Features may produce different outputs for identical or similar inputs. We may modify, retrain, replace, or discontinue AI models or features at any time, which may change the quality, style, or nature of AI outputs. We do not guarantee consistency or continuity of AI Features.
Content Review Responsibility: If you use AI Features to generate or modify Content that you then publish, share, or distribute on the Platform, you are responsible for that Content as though you created it yourself, including compliance with these Terms, Community Guidelines, and applicable law.
Automated Decision-Making: Some Automated Systems may make decisions that affect your experience on the Platform, including content visibility, account status, and feature access. For significant automated decisions, you may request human review through our appeals process (see our Community Guidelines).
User Content and AI Training: We do not use your User Content to train our AI or machine learning models. For details on how your data interacts with AI Features, see our Privacy Policy.
8.5 Service Availability
We strive to provide reliable and continuous access to the Platform, but we do not guarantee that the Platform will always be available or function without interruption. You acknowledge and agree that:
- The Platform may be unavailable from time to time due to maintenance, updates, technical issues, or circumstances beyond our control
- We may modify, suspend, or discontinue any feature or aspect of the Platform at any time, with or without notice
- We are not liable for any interruption, suspension, or discontinuation of the Platform or any feature thereof
- Certain features may not be available in all geographic locations or on all devices
8.6 Feature-Specific Limitations
Additional limitations may apply to specific features of the Platform. These limitations are set forth in the applicable feature-specific addendums and are incorporated into these Terms by reference. Before using any feature with safety-related functionality, please carefully review the applicable addendum to understand the specific limitations and disclaimers that apply.
9. Disclaimers & Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE COMPANY'S LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.
9.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, FEATURES, FUNCTIONALITY, PRODUCTS, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement
- WARRANTIES REGARDING the accuracy, reliability, completeness, or timeliness of any content, information, or services provided through the Platform
- WARRANTIES THAT the Platform will be uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components
- WARRANTIES THAT any defects will be corrected, or that the Platform or the servers that make it available are free from any harmful components
- WARRANTIES REGARDING the results that may be obtained from the use of the Platform or the accuracy of any information obtained through the Platform
- WARRANTIES THAT the Platform will meet your requirements or expectations
9.2 No Warranty of User Content
The Company Parties do not warrant, endorse, guarantee, or assume responsibility for:
- Any User Content posted, shared, or made available through the Platform
- Any product, service, or information advertised or offered by any User or third party through the Platform
- Any transaction between you and any User or third party
- The conduct of any User, whether online or offline
You acknowledge that any reliance on User Content or information provided by other Users is at your own risk.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
9.3.1 Excluded Damages
- Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
- Loss of Profits: Any loss of profits, revenue, business, or anticipated savings
- Loss of Data: Any loss of data, goodwill, or other intangible losses
- Personal Injury: Any personal injury or property damage arising from your access to or use of the Platform, except to the extent caused by our gross negligence or willful misconduct
- Third-Party Conduct: Any conduct or content of any third party on the Platform, including any defamatory, offensive, or illegal conduct of other Users
- Unauthorized Access: Any unauthorized access to or use of our servers, any personal information stored therein, or any interruption or cessation of transmission to or from the Platform
- Malicious Code: Any bugs, viruses, Trojan horses, or other malicious code that may be transmitted to or through the Platform by any third party
- Errors or Omissions: Any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform
9.3.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS ($100.00)
This limitation applies regardless of whether the Company has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
9.4 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
For Users in the European Union, European Economic Area, or United Kingdom:
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be limited or excluded under applicable law, including under consumer protection laws
If you are a consumer in the EU, EEA, or UK, you may have additional rights under local laws that cannot be waived by contract. Nothing in these Terms affects those rights.
For Users in Australia:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law or any other applicable consumer protection legislation.
For Users in New Jersey:
If you are a consumer in New Jersey, the limitations in this Section 9 do not limit or waive your rights as a consumer under New Jersey law.
9.5 Basis of the Bargain
You acknowledge and agree that the Company has offered the Platform, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and limitations of liability set forth herein. You further acknowledge that these provisions form an essential basis of the bargain between you and the Company, and that the Company would not be able to provide the Platform on an economically reasonable basis without these limitations.
9.6 Essential Purpose
You agree that the limitations of liability and disclaimers in this Section 9 shall apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
10. Indemnification
10.1 Your Indemnification Obligations
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, service providers, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:
Your User Content: Any User Content you create, upload, post, share, or otherwise make available through the Platform, including any claim that your User Content infringes or misappropriates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party
Your Conduct: Your use of the Platform, including any conduct that violates these Terms, our Community Guidelines, or any applicable law or regulation
Violation of Terms: Any breach or alleged breach by you of any provision of these Terms, including any representations and warranties you have made
Violation of Third-Party Rights: Any violation by you of the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights
Your Interactions: Any disputes or issues arising from your interactions with other Users, including any transactions, communications, or meetings arranged through the Platform
Your Negligence or Misconduct: Any negligent, reckless, or intentional misconduct by you in connection with your use of the Platform
10.2 Defense and Settlement
If the Company or any Indemnified Party is subject to a claim for which you have indemnification obligations under this Section 10:
Company's Rights:
- We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim
- You may not settle any claim without our prior written consent if the settlement would impose any obligation on the Company, require any admission of fault by the Company, or not fully release the Company from all liability
Your Obligations:
- You agree to cooperate fully with the Indemnified Parties in the defense of any claim, including by providing information, documents, and testimony as reasonably requested
- You agree to pay any costs, damages, or fees that result from your failure to cooperate or from any settlement you enter into without our consent
Notification:
- We will make reasonable efforts to notify you of any claim for which we seek indemnification, but failure to provide such notice shall not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure
10.3 Survival
Your indemnification obligations under this Section 10 shall survive the termination or expiration of these Terms and your use of the Platform.
10.4 Limitation for Certain Jurisdictions
For Users in the European Union, European Economic Area, or United Kingdom:
The indemnification obligations in this Section 10 do not apply to the extent that they would be unenforceable under applicable consumer protection laws. If you are a consumer in the EU, EEA, or UK, your indemnification obligations are limited to claims arising from your intentional misconduct or gross negligence.
For Users in Other Jurisdictions:
If the indemnification obligations in this Section 10 are prohibited or limited by applicable law in your jurisdiction, they shall apply to the maximum extent permitted by such law.
11. Termination
11.1 Your Right to Terminate
You may terminate your Account and stop using the Platform at any time, for any reason. To delete your Account:
- Through the Platform: Navigate to your Account settings and follow the instructions to delete your Account
- By Contacting Us: Send a request to support@boba.town from the email address associated with your Account
Upon deletion of your Account:
- Your access to the Platform and your Account will be terminated
- Your profile and certain User Content will be removed from public view
- Some information may be retained as described in Section 11.5 and our Privacy Policy
11.2 Our Right to Terminate
We reserve the right to suspend or terminate your Account and/or your access to the Platform, in whole or in part, at any time, with or without cause, and with or without notice. Reasons for suspension or termination may include, but are not limited to:
- Violation of these Terms or our Community Guidelines
- Violation of applicable laws or regulations
- Conduct that we determine, in our sole discretion, is harmful to other Users, third parties, or the Company
- Conduct that creates legal liability or risk for the Company
- Extended periods of inactivity
- Requests by law enforcement or government agencies
- Unexpected technical or security issues
- Non-payment of any fees owed to the Company
- Upon your request
We will make reasonable efforts to notify you of any termination and the reason for it, except where we are prohibited by law from doing so, or where notification could create a risk to the safety of Users or others, compromise an investigation, or otherwise harm the Company.
11.3 Effect of Termination on Content
Upon termination of your Account:
Your User Content:
- We will cease displaying your User Content to other Users within a commercially reasonable time
- Copies of your User Content may remain in our backup systems for a limited period, as described in our Privacy Policy
- User Content that has been shared with others, embedded elsewhere, republished, or cached by third parties may continue to exist outside of our control
- We may retain User Content as necessary to comply with legal obligations, resolve disputes, or enforce our Terms
- The licenses you granted to the Company under Section 6.2 shall terminate with respect to new uses of your User Content, but shall survive with respect to any uses made prior to termination
Platform Content:
- Your license to access and use the Platform and any Platform Content terminates immediately upon termination of your Account
11.4 Effect of Termination on Purchases and Subscriptions
Upon termination of your Account:
Subscriptions:
- If you have an active paid subscription, your subscription will be cancelled effective at the end of your current billing period, unless the termination is due to your violation of these Terms, in which case the subscription may be terminated immediately without refund
- You will not receive a refund for any unused portion of a subscription period, except as required by applicable law or as described in Section 11.6
Purchases:
- Any virtual goods, credits, or other digital items associated with your Account may be forfeited and will not be refunded or transferred
- Pending transactions or orders may be cancelled
Marketplace:
- If you are a Seller, you remain responsible for fulfilling any orders placed before termination
- If you are a Buyer, your rights under any completed transactions survive termination
11.5 Data Retention Post-Termination
Following termination of your Account, we may retain certain information as described in our Privacy Policy, including:
- Information necessary to comply with legal obligations (such as tax or financial reporting requirements)
- Information necessary to resolve disputes or enforce our Terms
- Information retained in backup systems for a reasonable period
- Anonymized or aggregated data that does not identify you
For more information about how we handle your data after termination, please see our Privacy Policy.
11.6 Refunds Upon Termination
Termination by You: If you terminate your Account voluntarily, you are generally not entitled to a refund for any prepaid fees, except as required by applicable law.
Termination by Us Without Cause: If we terminate your Account without cause (i.e., not due to your violation of these Terms), you may be entitled to a pro-rata refund of any prepaid subscription fees for the unused portion of your subscription period.
Termination by Us for Cause: If we terminate your Account due to your violation of these Terms, you are not entitled to any refund.
Consumer Rights: If you are a consumer in a jurisdiction that provides refund rights that cannot be waived by contract (such as the EU, EEA, or UK), those rights apply notwithstanding the above.
11.7 Survival
The following provisions shall survive the termination or expiration of these Terms: Sections 2 (Definitions), 5 (Intellectual Property Rights), 6.2 (License Grant to the Company, with respect to uses prior to termination), 9 (Disclaimers & Limitation of Liability), 10 (Indemnification), 11.3-11.7 (Effect of Termination, Data Retention, Refunds, Survival), 12 (Dispute Resolution), and 14 (General Provisions), along with any other provisions that by their nature should survive termination.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
12.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
If you are a consumer in the European Union, European Economic Area, or United Kingdom, you may also benefit from any mandatory provisions of the consumer protection laws in your country of residence.
12.2 Informal Resolution
Before initiating any formal dispute resolution proceeding, you and the Company agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") informally.
Process:
- The party raising the Dispute must send a written notice to the other party describing the nature of the Dispute and the relief sought ("Dispute Notice")
- You may send a Dispute Notice to us at: legal@boba.town or 1312 17th Street Unit #2635, Denver, CO 80202
- We will send any Dispute Notice to the email address associated with your Account
- The parties agree to negotiate in good faith to resolve the Dispute for at least sixty (60) days from the date the Dispute Notice is received
Effect:
- No arbitration or court proceeding may be initiated until the informal resolution period has elapsed
- The informal resolution period may be extended by mutual written agreement
- If the Dispute is not resolved within the informal resolution period, either party may proceed with formal dispute resolution as described below
12.3 Arbitration Agreement
Agreement to Arbitrate: If the informal resolution process does not resolve the Dispute, you and the Company agree that any Dispute shall be resolved exclusively through binding individual arbitration, rather than in court, except that:
- Either party may bring an individual action in small claims court if the Dispute qualifies
- Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights
Arbitration Rules and Procedures:
- The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules
- The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable rules
- The arbitration shall take place in Denver, Colorado or, at your election, may be conducted remotely (by telephone or videoconference) or based on written submissions
- The arbitrator shall have exclusive authority to resolve all issues, including arbitrability
- The arbitrator may award any relief that would be available in court, including injunctive or declaratory relief, but 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
Arbitration Fees:
- For Disputes involving less than $10,000, the Company will pay all arbitration fees, unless the arbitrator finds that the claims are frivolous
- For Disputes involving $10,000 or more, arbitration fees shall be allocated in accordance with the applicable arbitration rules
- Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party
12.4 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You and the Company agree to waive the right to:
- Participate in a class action, collective action, or other representative proceeding
- Have any Dispute decided by a jury in a class or representative proceeding
- Consolidate or join claims with claims of other persons
If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceeded with in court, while the remaining claims shall be arbitrated.
12.5 Small Claims Exception
Notwithstanding the agreement to arbitrate, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court. If the Dispute is removed from or appealed from small claims court, it shall be subject to arbitration under this Section 12.
12.6 Jurisdiction and Venue
For any Disputes that are not subject to arbitration (including actions to enforce an arbitration award), you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, United States, and you agree to waive any objections based on improper venue or inconvenient forum.
If you are a consumer in the European Union, European Economic Area, or United Kingdom, you may bring proceedings in the courts of your country of residence.
12.7 Time Limitation on Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
This limitation does not apply to claims that cannot be limited by contract under applicable law.
12.8 Opt-Out of Arbitration
You have the right to opt out of the arbitration agreement and class action waiver in this Section 12. If you opt out, you and the Company will retain the right to litigate any Dispute in court (subject to the governing law and jurisdiction provisions above).
To opt out:
- You must send a written notice to legal@boba.town within thirty (30) days of first accepting these Terms
- Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration
- If you opt out, all other provisions of these Terms will continue to apply
12.9 Changes to This Section
We will provide at least sixty (60) days' notice of any material changes to this Section 12. Changes will become effective on the date specified in the notice. If you do not agree to the amended terms, you may reject the changes by sending written notice to legal@boba.town within sixty (60) days. If you reject the changes, you will be bound by the arbitration provisions that were in effect immediately prior to the changes.
12.10 Jurisdictional Enforceability
The arbitration agreement, class action waiver, and certain other provisions of this Section 12 may not be enforceable in all jurisdictions. If you reside in a jurisdiction where any of the following provisions are unenforceable under mandatory local law, those provisions do not apply to you:
| Jurisdiction | What Does Not Apply | What Applies Instead |
|---|---|---|
| European Union / EEA | Mandatory arbitration (Section 12.3), class action waiver (Section 12.4), time limitation shorter than statutory limits (Section 12.7) | You may bring claims in the courts of your country of residence under EU consumer protection law. You retain the right to participate in collective redress actions where available under national law. Statutory limitation periods apply. |
| United Kingdom | Mandatory arbitration (Section 12.3), class action waiver (Section 12.4) | You may bring claims in the courts of England and Wales, Scotland, or Northern Ireland (as applicable). You retain the right to participate in representative actions. The Consumer Rights Act 2015 applies. |
| Brazil | Mandatory arbitration (Section 12.3), class action waiver (Section 12.4) | Disputes are subject to the jurisdiction of the consumer's domicile under the Brazilian Consumer Defense Code. You retain the right to participate in collective actions. |
| Quebec, Canada | Mandatory arbitration (Section 12.3), class action waiver (Section 12.4) | The Quebec Consumer Protection Act prohibits mandatory arbitration clauses and class action waivers in consumer contracts. |
| Other jurisdictions | Any provision prohibited by mandatory local consumer protection law | The applicable local law governs. See the relevant regional supplement in Part 3 for details. |
General Principle:
Nothing in this Section 12 is intended to limit your rights under mandatory consumer protection law in your jurisdiction. Where mandatory local law provides rights that cannot be waived by contract, those rights prevail over any conflicting provision of this Section. If any provision of this Section is found to be unenforceable in your jurisdiction, that provision is severed and the remaining provisions continue in full force and effect.
If you are unsure whether these provisions apply in your jurisdiction, we encourage you to review the applicable regional supplement or seek independent legal advice.
13. Modifications to Terms
13.1 Our Right to Modify
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion. When we make changes, we will revise the "Last Updated" date at the top of these Terms and, where appropriate, update the version number.
13.2 Notice of Changes
Material Changes: For changes that materially affect your rights or obligations under these Terms, we will provide you with notice at least thirty (30) days before the changes take effect. We may provide notice through one or more of the following methods:
- Email to the address associated with your Account
- A prominent notice within the Platform (such as a banner or pop-up)
- A notification in the App
- A post on our website or blog
Examples of material changes include changes to the dispute resolution provisions, limitation of liability, license grants, or the introduction of new fees.
Non-Material Changes: For changes that do not materially affect your rights or obligations (such as clarifications, corrections, or formatting changes), we may update these Terms without advance notice. The "Last Updated" date will indicate when such changes were made.
13.3 Acceptance of Changes
Continued Use: Your continued use of the Platform after any changes to these Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform before the changes take effect.
Opt-Out for Material Changes: For certain material changes, we may provide you with the opportunity to opt out or reject the changes by notifying us within a specified period. If you opt out of such changes, the previous terms will continue to apply to you, but we may terminate your access to the Platform if continued use under the previous terms is not feasible.
13.4 Changelog
We maintain a record of material changes to these Terms for your reference. You can view the changelog and previous versions of these Terms in Section 15: Previous Terms.
13.5 Version Dating
Each version of these Terms is identified by:
- A "Last Updated" date indicating when the version was published
- An "Effective Date" indicating when the version takes effect (which may be later than the publication date for material changes)
- A version number (e.g., 1.0.0) using semantic versioning
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, Community Guidelines, and any other policies or agreements incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Platform. These Terms supersede all prior and contemporaneous agreements, proposals, and communications, written or oral, between you and the Company regarding the Platform.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent, or if such modification is not possible, shall be severed from these Terms.
14.3 Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
14.4 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section shall be null and void.
The Company may assign, transfer, or delegate its rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
14.5 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes, power outages, or failures of telecommunications or internet service providers.
14.6 Controlling Language
These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and any translated version, the English version shall control.
14.7 Relationship of the Parties
Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and the Company. Neither party has the authority to bind the other or to incur obligations on the other's behalf.
14.8 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights, except that the Indemnified Parties are intended third-party beneficiaries of Section 10 (Indemnification).
14.9 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
14.10 Contact Information
If you have any questions about these Terms or the Platform, please contact us at:
Boba, LLC 1312 17th Street Unit #2635, Denver, CO 80202
Email: support@boba.town Legal Inquiries: legal@boba.town
For copyright infringement notices, please see Section 5.5.2.
15. Previous Terms
We maintain an archive of previous versions of these Terms for transparency and reference.
15.1 Current Version
- Version: 1.0.0
- Effective Date: [DATE]
- Summary: Initial Terms of Service
15.2 Version History
| Version | Effective Date | Summary of Changes |
|---|---|---|
| 1.0.0 | [DATE] | Initial Terms of Service |
As these Terms are updated, previous versions will be archived and listed here with their effective date ranges.
15.3 Accessing Previous Versions
To request a copy of a previous version of these Terms, please contact us at legal@boba.town.
16. Community Guidelines Reference
Our Community Guidelines are a critical part of maintaining a safe, respectful, and enjoyable Platform for all Users. The full Community Guidelines are available at https://boba.town/community-guidelines and are incorporated into these Terms of Service by reference.
16.1 Incorporation and Hierarchy
The Community Guidelines form part of these Terms of Service. Violations of the Community Guidelines are violations of these Terms. By agreeing to these Terms, you agree to comply with the Community Guidelines.
If there is a conflict between the Community Guidelines and these Terms, these Terms control. Feature-specific addendums may contain additional rules that supplement the Community Guidelines, and regional supplements may modify how Community Guidelines are applied in certain jurisdictions.
16.2 Guideline Categories
The Community Guidelines address the following areas (this summary is for convenience only; the full Guidelines govern): safety (violence, harassment, hate speech, self-harm, dangerous activities, child safety); authenticity (misinformation, impersonation, spam, coordinated inauthentic behavior, manipulated media); integrity (intellectual property, privacy, fraud, platform manipulation); content standards (nudity, graphic violence, illegal activities, regulated goods, sensitive content); and respectful behavior (civility, context, cultural sensitivity, accessibility).
16.3 Enforcement
We use a graduated enforcement system described in the Community Guidelines. Enforcement actions range from educational measures (content labels, informational notices) through content-level actions (removal, age restriction) and feature-level restrictions (temporary limits on specific features) to account-level actions (suspension, termination). The severity of the action depends on factors including the nature of the violation, intent, history, and potential for harm.
16.4 Appeals
You may appeal most enforcement actions. The Community Guidelines describe the full appeals process, including how to submit an appeal, what to include, review procedures, and possible outcomes. Appeals are reviewed by a different team member than the one who made the original decision.
16.5 Updates to Community Guidelines
We may update the Community Guidelines at any time to address emerging issues, clarify policies, or improve safety. The Community Guidelines may be updated more frequently than these Terms. Material changes will be announced through Platform notifications, email, or our blog. Your continued use of the Platform after changes take effect constitutes acceptance. We encourage you to review the Community Guidelines periodically.
Part 2: Feature-Specific Terms
The following addendums contain additional terms that apply when you use specific features of the Platform. By using a feature covered by an addendum, you agree to be bound by the terms of that addendum in addition to the Universal Core Terms above.
Addendum 1: Messaging, Comments & Direct Messages
Effective Date: [DATE]
This Addendum applies to your use of messaging, commenting, and direct communication features on the Platform, including but not limited to direct messages, group chats, public comments, replies, mentions, and any other text-based communication features. By using these features, you agree to the terms in this Addendum in addition to the main Terms of Service.
1.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Message" | Any text, media, or other content sent through the Platform's private or group messaging features, including direct messages and group chat messages. |
| "Comment" | Any text, media, or other content posted in response to User Content, Platform Content, or other Comments, including replies and threaded discussions. |
| "Conversation" | A series of Messages exchanged between two or more Users, including one-on-one direct message threads and group chats. |
| "Mention" | A reference to another User using the Platform's tagging functionality (such as @username), which may generate a notification to that User. |
| "Reaction" | An emoji or other standardized response to a Message or Comment that does not constitute a full reply. |
1.2 Direct Messaging Conduct
When using direct messaging features, you agree to:
Respect Other Users:
- Only send Messages to Users who have consented to receive communications from you or where the Platform's features permit initial contact
- Cease messaging any User who asks you to stop or who blocks you
- Not use direct messages to harass, threaten, intimidate, or stalk other Users
- Not send unsolicited commercial messages, advertisements, or promotional content unless expressly permitted by the recipient
Content Standards:
- All Messages must comply with Section 4 (General User Conduct) and Section 6 (User Content) of the main Terms of Service
- Do not send Messages containing illegal content, malware, phishing links, or other harmful material
- Do not use Messages to share another User's private information without their consent
- Do not send sexually explicit content unless both parties have affirmatively opted in to receive such content and such content is permitted on the Platform
Authenticity:
- Do not impersonate others in Messages
- Do not use automated systems, bots, or scripts to send Messages without our express written permission
- Do not create fake accounts for the purpose of messaging other Users
1.3 Group Chat Rules
Group chats are subject to all the rules applicable to direct messages, plus the following additional rules:
Group Creation and Management:
- Group creators and administrators are responsible for establishing and enforcing group rules consistent with these Terms
- Group administrators may remove members, delete messages, and modify group settings within the permissions granted by the Platform
- The Platform is not responsible for disputes between group members or between members and administrators
Group Conduct:
- Respect the purpose and rules established for each group
- Do not add Users to groups without their consent where the Platform requires such consent
- Do not use groups to coordinate harassment, brigading, or other violations of these Terms
- Do not share content from private groups without the consent of the group or as permitted by the group's settings
Group Limits:
- Groups may be subject to member limits, message rate limits, and other restrictions as determined by the Platform
- We reserve the right to restrict or disable groups that violate these Terms or that generate excessive complaints
1.4 Public Comments and Replies
When posting Comments on User Content or Platform Content, you agree to:
Comment Standards:
- Keep Comments relevant to the content being discussed
- Not post spam, repetitive content, or comments designed solely to manipulate engagement metrics
- Not use Comments to advertise or promote products, services, or other content without authorization
- Respect the creator of the original content and other commenters
Threaded Discussions:
- Replies should be relevant to the comment or thread to which they respond
- Do not hijack threads to promote unrelated topics or agendas
- Do not use replies to harass the original commenter or other participants in the thread
Creator Controls:
- Content creators may moderate Comments on their own content, including deleting Comments, hiding Comments, restricting who can comment, or disabling Comments entirely
- Creators may use automated moderation tools, keyword filters, or other features provided by the Platform
- The Platform may also moderate Comments independently, regardless of creator settings
1.5 Mentions and Notifications
Appropriate Use of Mentions:
- Only mention Users when there is a legitimate reason to bring content to their attention
- Do not use mentions to harass, spam, or flood another User's notifications
- Do not mention Users in content that violates these Terms or that would be unwelcome to the mentioned User
- Repeated unwanted mentions of a User may be considered harassment
Notification Settings:
- Users may control their notification preferences through their Account settings
- The Platform is not responsible for missed notifications due to User settings, device settings, or technical issues
- We reserve the right to limit or throttle notifications to prevent abuse or system overload
1.6 Message Retention and Deletion
Your Messages:
- You may delete Messages you have sent, subject to the limitations of the Platform's features
- Deleted Messages may still appear in recipients' Conversations depending on the Platform's functionality and the recipients' settings
- Copies of Messages may be retained in our backup systems for a limited period after deletion
- We may retain Messages as necessary to comply with legal obligations, enforce our Terms, or investigate violations
Retention Periods:
- Messages are generally retained for as long as your Account remains active and for a reasonable period thereafter
- We may establish different retention periods for different types of messages or communications
- Specific retention periods are described in our Privacy Policy
Legal Preservation:
- We may preserve Messages in response to legal process, litigation holds, or regulatory requirements
- Such preservation may occur without notice to you and may continue for the duration required by law
1.7 Encryption and Security
Encryption:
- [IF APPLICABLE: Messages sent through [FEATURE NAME] are protected by end-to-end encryption, meaning that only the sender and intended recipients can read the content of those messages. The Company cannot access the content of end-to-end encrypted messages.]
- [IF APPLICABLE: Messages sent through [FEATURE NAME] are encrypted in transit and at rest, but are not end-to-end encrypted. This means the Company may access message content for purposes described in these Terms and our Privacy Policy.]
- Not all messaging features may offer the same level of encryption. Please review the specific security features of each communication method.
Security Limitations:
- While we implement reasonable security measures, no system is completely secure
- You are responsible for maintaining the security of your Account and devices
- We are not responsible for unauthorized access to your Messages resulting from compromised credentials, malware on your devices, or other security failures outside our control
1.8 Blocking and Muting
Blocking:
- You may block other Users to prevent them from sending you Messages, viewing your content, or interacting with you on the Platform
- Blocked Users will generally not be notified that they have been blocked
- Blocking a User does not delete previous Conversations or interactions
- Blocking is not a substitute for reporting serious violations; please report Users who violate these Terms
Muting:
- You may mute Conversations, Users, or notification types to reduce unwanted notifications without fully blocking
- Muted Users may still be able to send you Messages, which you can view at your discretion
- Muting settings may vary by feature and are controlled through your Account settings
1.9 Spam Prevention
Anti-Spam Measures:
- We employ automated systems to detect and prevent spam in Messages and Comments
- These systems may delay, filter, or block Messages that appear to be spam
- Legitimate Messages may occasionally be affected by anti-spam measures
Your Obligations:
- Do not send bulk or mass Messages without authorization
- Do not use messaging features for commercial solicitation unless expressly permitted
- Do not attempt to circumvent anti-spam measures
- Do not use purchased lists or scraped data to send Messages
Rate Limits:
- We may impose rate limits on Messages and Comments to prevent abuse
- Exceeding rate limits may result in temporary restrictions on your ability to send Messages
- Repeated violations may result in permanent restrictions or Account termination
1.10 Reporting Abusive Messages
How to Report:
- Use the report feature within any Message or Comment to report violations
- For urgent safety concerns, contact us at security@boba.town
- Provide as much context as possible when reporting, including screenshots if available
What Happens When You Report:
- We review reports and take appropriate action, which may include warning the offending User, removing content, restricting features, or terminating Accounts
- We may not be able to disclose the outcome of our review due to privacy considerations
- False or malicious reports may result in action against the reporting User
Cooperation:
- You agree to cooperate with our investigations into reported content, including by providing additional information if requested
- We may share information with law enforcement when required by law or when we believe it is necessary to protect safety
1.11 Third-Party Messaging Integrations
If the Platform integrates with third-party messaging services:
- Your use of integrated services is subject to the terms and privacy policies of those third parties
- We are not responsible for the content, availability, or security of third-party messaging services
- Data shared through integrated services may be subject to different retention and privacy practices
- You may be able to disconnect third-party integrations through your Account settings
1.12 Feature-Specific Limitations
Service Availability:
- Messaging features may not be available in all regions or on all devices
- We may modify, suspend, or discontinue messaging features at any time
- Message delivery is not guaranteed; messages may be delayed or fail to deliver due to technical issues
Content Limitations:
- Messages and Comments may be subject to length limits, file size limits, and format restrictions
- Certain types of content (such as executable files) may be prohibited in Messages
- We may compress, resize, or modify media shared through messaging features for technical purposes
Addendum 2: Photos & Videos
Effective Date: [DATE]
This Addendum applies to your use of photo and video features on the Platform, including but not limited to uploading, sharing, viewing, editing, and downloading photos and videos. By using these features, you agree to the terms in this Addendum in addition to the main Terms of Service.
2.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Photo" | Any static image uploaded, shared, or created on the Platform, including photographs, graphics, screenshots, and other image files. |
| "Video" | Any moving image content uploaded, shared, or created on the Platform, including recorded videos, animations, and other video files, but excluding Live Streams (which are covered in Addendum 3). |
| "Media" | Collectively, Photos and Videos. |
| "Album" | A collection of Photos and/or Videos organized together by a User. |
| "Thumbnail" | A smaller, preview version of a Photo or Video automatically generated by the Platform. |
| "Metadata" | Information embedded in or associated with Media files, including but not limited to creation date, location data, camera settings, file properties, and descriptive tags. |
2.2 Photo and Video Content Guidelines
All Media uploaded to the Platform must comply with Section 4 (General User Conduct) and Section 6 (User Content) of the main Terms of Service. In addition:
Permitted Content:
- Original content you have created or have the right to share
- Content for which you have obtained all necessary permissions from identifiable individuals
- Content that complies with our Community Guidelines
Prohibited Content:
- Content that infringes on the intellectual property rights of others, including copyrighted images, videos, or music
- Non-consensual intimate imagery (NCII), including "revenge porn" or deepfakes of a sexual nature
- Content depicting or exploiting minors in any inappropriate manner
- Content that violates the privacy rights of others, including unauthorized surveillance footage
- Graphic violence, gore, or content depicting real-world harm, except where newsworthy and appropriately labeled
- Content designed to shock, disgust, or disturb viewers without legitimate purpose
- Manipulated or synthetic media (including AI-generated content) presented as authentic when deception could cause harm
Content Authenticity:
- You represent that any Media you upload is authentic or, if manipulated or AI-generated, is clearly labeled as such
- You may not use Media features to create or distribute misinformation or disinformation
- We may use technology to detect manipulated media and may label or remove such content
2.3 Permitted Formats, Sizes, and Limits
Supported Formats:
- Photos: [JPEG, PNG, GIF, WEBP, HEIC, and other formats as specified in our Help Center]
- Videos: [MP4, MOV, AVI, WEBM, and other formats as specified in our Help Center]
Size and Duration Limits:
- Maximum photo file size: [X MB]
- Maximum video file size: [X GB]
- Maximum video duration: [X minutes/hours]
- Maximum resolution: [X pixels]
- Storage limits may apply based on your account type
Quantity Limits:
- You may be subject to limits on the number of photos or videos you can upload per day, week, or month
- Album size limits may apply
- We reserve the right to implement or modify limits to ensure platform stability
Format Conversion:
- We may convert uploaded Media to different formats for compatibility and optimization
- Such conversion may affect quality, metadata, or other properties of your Media
- Original files may not be preserved in all cases
2.4 Thumbnails and Metadata
Thumbnails:
- The Platform automatically generates thumbnails for your Media
- You may select or customize thumbnails where the Platform's features permit
- Thumbnails must comply with all content guidelines, even if the full content is age-restricted
Metadata Handling:
- Uploaded Media may contain metadata that reveals information about you, your location, or your device
- We may strip, modify, or preserve metadata based on your privacy settings and Platform features
- You are responsible for removing sensitive metadata before uploading if you do not want it shared
- Location metadata may be used to provide location-based features, subject to your settings and our Privacy Policy
Metadata You Add:
- You may add titles, descriptions, tags, and other metadata to your Media
- All metadata you add must comply with our content guidelines
- We may use metadata to improve search, recommendations, and other Platform features
2.5 Editing and Filters
Platform Editing Tools:
- The Platform may provide tools to edit, filter, crop, or enhance your Media
- Edits made using Platform tools are subject to these Terms
- We do not guarantee the availability or functionality of any specific editing features
Third-Party Editing:
- You may upload Media that has been edited using third-party tools
- You are responsible for ensuring that edited Media complies with these Terms
- Edits that materially misrepresent the content (such as adding false elements to news footage) may violate our content policies
Filters and Effects:
- Filters and effects are provided for creative purposes
- The application of filters does not exempt content from our content guidelines
- Some filters or effects may be restricted for certain types of content
2.6 Albums and Organization
Creating and Managing Albums:
- You may create albums to organize your Media
- Album titles, descriptions, and cover images must comply with our content guidelines
- You control the privacy settings for your albums, subject to Platform features
Collaborative Albums:
- Where the Platform permits, you may create albums that allow others to contribute
- As the album creator, you are responsible for moderating contributions
- Contributors must have the right to share any Media they add
- You may remove contributors or their content from your collaborative albums
Album Limits:
- Albums may be subject to limits on the number of items they can contain
- You may be limited in the number of albums you can create
- We reserve the right to modify album features and limits
2.7 Embedding and Sharing Permissions
Sharing Your Media:
- You control how your Media is shared through your privacy and sharing settings
- Sharing options may include public, friends only, private, or custom audiences
- Once shared, Media may be viewed, saved, or reshared by others depending on your settings and Platform features
Embedding:
- Where permitted, your public Media may be embedded on third-party websites
- Embedded Media will display with appropriate attribution to you (unless you have enabled anonymous sharing)
- You may disable embedding for your Media through your settings where this option is available
- Embedded Media remains subject to these Terms and may be removed if it violates our policies
Sharing Others' Media:
- You may share others' Media only as permitted by Platform features and the original creator's settings
- Sharing does not transfer ownership or grant you rights beyond viewing
- Do not download and re-upload others' Media as your own
2.8 Download Permissions
Downloading Your Own Media:
- You may download your own Media at any time, subject to Platform availability
- Downloaded Media may differ from the original due to processing and compression
Downloading Others' Media:
- You may only download others' Media where:
- The Platform explicitly provides a download feature for that content, AND
- The creator has enabled downloads for that content
- Downloaded Media may only be used for personal, non-commercial purposes unless you have obtained additional permissions from the creator
- Downloading does not transfer any intellectual property rights to you
Restrictions on Downloaded Content:
- Do not remove watermarks, attribution, or copyright notices from downloaded Media
- Do not use downloaded Media in ways that violate these Terms or applicable law
- Do not redistribute downloaded Media without permission
2.9 Copyright and Music Licensing
Your Copyright Obligations:
- You represent that you own or have the necessary licenses for all Media you upload
- This includes rights to any music, sound effects, or other audio in your videos
- Using copyrighted music without a license may result in your content being muted, removed, or your account being penalized
Platform Music Library:
- We may provide a library of licensed music and sounds for use in your videos
- Use of library content is subject to the specific license terms provided
- Library content may only be used within the Platform unless otherwise specified
- Some library content may be restricted based on your account type or intended use (e.g., commercial vs. personal)
Third-Party Music:
- If you include third-party music in your videos, you are responsible for obtaining the necessary licenses
- We may use content identification technology to detect copyrighted music
- Content containing unlicensed music may be muted, blocked, removed, or subject to claims by rights holders
- Repeated copyright violations may result in account termination
Copyright Claims:
- Rights holders may submit claims against content that uses their copyrighted material
- We will process claims in accordance with Section 5.5 (Copyright Policy and DMCA) of the main Terms
- You may dispute claims you believe are invalid through the process described in Section 5.5.3
2.10 Age-Restricted Content
Mature Content:
- Content that is appropriate only for adult audiences must be marked as age-restricted
- Age-restricted content includes, but is not limited to:
- Nudity or sexual content (where permitted)
- Graphic violence
- Drug use
- Other mature themes
- Failure to properly mark mature content may result in content removal or account penalties
Age Verification:
- Users must declare their age during registration and to view age-restricted content
- We rely on self-declaration of age; we do not use programmatic age verification or third-party verification services
- Providing false age information is a violation of these Terms
Restrictions on Age-Restricted Content:
- Age-restricted content may not appear in public feeds, recommendations, or search results for users who have not verified their age
- Age-restricted content may not be used as profile pictures, cover images, or thumbnails
- Monetization of age-restricted content may be limited or prohibited
Absolutely Prohibited Content:
- Some content is prohibited regardless of age-restriction settings, including:
- Content depicting or exploiting minors
- Non-consensual intimate imagery
- Content that violates applicable law
- Such content will be removed and may be reported to law enforcement
2.11 Monetization Eligibility
Eligibility Requirements:
- To monetize your Media, you must meet eligibility requirements as specified in the Creator Monetization Addendum (Part 2, Addendum 6)
- Eligibility may be based on factors including follower count, engagement, content quality, and compliance history
- Not all Media types or content categories are eligible for monetization
Monetization Methods:
- Eligible creators may monetize through advertising, subscriptions, tips, or other methods as offered by the Platform
- Specific terms for each monetization method are described in the Creator Monetization Addendum (Part 2, Addendum 6)
Content Restrictions for Monetization:
- Certain content may be ineligible for monetization, including:
- Age-restricted content
- Content containing third-party copyrighted material
- Controversial or sensitive content
- Content that violates advertiser guidelines
- We reserve the right to demonetize content at our discretion
Revenue Sharing:
- Revenue sharing terms are described in the Creator Monetization Addendum (Part 2, Addendum 6)
- Payments are subject to minimum thresholds and payment schedules
2.12 Stories, Reels, and Ephemeral Content
Ephemeral Content:
- The Platform may offer features for sharing temporary or ephemeral Media (such as "Stories")
- Ephemeral content is subject to all the same content guidelines as permanent Media
- Ephemeral content may be automatically deleted after a specified period
Archiving and Saving:
- You may be able to save or archive your ephemeral content before it expires
- Others may be able to save or screenshot your ephemeral content depending on Platform features and your settings
- We may retain copies of ephemeral content for a limited period for safety, legal, or operational purposes
Short-Form Video:
- The Platform may offer short-form video features (such as "Reels" or similar)
- Short-form videos are subject to all applicable terms in this Addendum
- Additional features such as duets, remixes, or reactions may be available, subject to creator settings and permissions
2.13 AI and Automated Processing
Automated Analysis:
- We may use automated systems, including artificial intelligence, to analyze your Media for various purposes, including:
- Content moderation and policy enforcement
- Copyright detection
- Improving recommendations and search
- Generating thumbnails, captions, or descriptions
- Detecting manipulated or synthetic media
AI-Generated Content:
- If you upload AI-generated Media, you must clearly label it as such where required by Platform features or policies
- AI-generated content is subject to all the same content guidelines as other Media
- You are responsible for ensuring AI-generated content does not infringe on others' rights
Opting Out:
- You may be able to opt out of certain automated processing through your privacy settings
- Some automated processing (such as content moderation) cannot be opted out of
2.14 Feature-Specific Limitations
Service Availability:
- Photo and video features may not be available in all regions or on all devices
- We may modify, suspend, or discontinue features at any time
- Upload and processing times may vary based on file size, format, and system load
Quality and Processing:
- Uploaded Media may be processed, compressed, or transcoded, which may affect quality
- We do not guarantee that Media will be displayed identically across all devices and platforms
- Some features (such as high-resolution playback) may require specific account types or network conditions
Storage and Retention:
- Media is stored on our systems for as long as your account is active and for a reasonable period thereafter
- We are not responsible for loss of Media due to account termination, technical issues, or other causes
- You are responsible for maintaining your own backups of important Media
Addendum 3: Live Streaming
Effective Date: [DATE]
This Addendum applies to your use of live streaming features on the Platform, including but not limited to broadcasting live video and audio content, hosting live events, and participating in live streams as a viewer. By using these features, you agree to the terms in this Addendum in addition to the main Terms of Service.
3.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Live Stream" or "Stream" | Real-time video and/or audio content broadcast through the Platform to one or more viewers. |
| "Streamer" or "Broadcaster" | A User who creates and broadcasts a Live Stream. |
| "Viewer" | A User who watches or listens to a Live Stream. |
| "Stream Chat" | The real-time text communication feature associated with a Live Stream. |
| "VOD" (Video on Demand) | A recorded version of a Live Stream that is saved and made available for later viewing. |
| "Clip" | A short segment extracted from a Live Stream or VOD. |
| "Raid" | A feature that redirects a Streamer's audience to another Streamer's Live Stream at the end of a broadcast. |
| "Host" | A feature that displays another Streamer's Live Stream on your channel while you are offline. |
| "Co-Stream" | A Live Stream featuring multiple Streamers broadcasting together simultaneously. |
| "Virtual Gift" | A digital item that Viewers can purchase and send to Streamers during a Live Stream. |
3.2 Real-Time Content Standards
Live Streams are subject to all content standards in Section 4 (General User Conduct) and Section 6 (User Content) of the main Terms of Service. Due to the real-time nature of live content, additional standards apply:
Heightened Responsibility:
- Because Live Streams cannot be pre-moderated, Streamers bear heightened responsibility for the content they broadcast
- You must be prepared to immediately address or end your Stream if prohibited content occurs
- Ignorance of what is being broadcast is not a defense to violations
Prohibited Live Content:
- All content prohibited under the main Terms of Service
- Content that could not be effectively moderated due to its live nature, including:
- Uncontrolled situations where harmful content may occur
- Broadcasting in locations where you do not have permission to film
- Streaming activities that endanger yourself or others
- "Swatting," "stream sniping," or other harassment-related activities
- Broadcasting emergency situations in a way that could interfere with emergency response
- Simulated emergency situations or "prank" content that could cause real-world harm
Real-Time Conduct:
- Do not encourage Viewers to engage in harassment, illegal activities, or violations of these Terms
- Do not use your Stream to coordinate harmful activities
- Do not broadcast content that could reasonably be expected to incite immediate violence or illegal action
- Respond promptly to moderation requests from Platform staff during your Stream
3.3 Stream Recording and Archival
Automatic Recording:
- Live Streams may be automatically recorded and saved as VODs, depending on your settings and account type
- You control whether your Streams are saved, subject to Platform features and any legal requirements
- Even if you choose not to save your Stream, we may retain recordings for a limited period for safety and compliance purposes
VOD Availability:
- Saved VODs are subject to all the same content guidelines as other video content (see Addendum 2)
- VODs may be subject to different copyright restrictions than the original Live Stream
- Music or other content that was permitted during the live broadcast may be muted or removed from VODs due to licensing limitations
Third-Party Recording:
- Viewers may be able to record or capture your Live Stream using their own tools
- We are not responsible for third-party recordings of your content
- You may request removal of unauthorized recordings through the processes described in Section 5.5
Clips:
- Where enabled, Viewers or you may create Clips from your Live Streams
- You control Clip permissions through your channel settings where available
- Clips are subject to all applicable content guidelines
- Clips may be shared within and outside the Platform as permitted by your settings
3.4 Stream Chat Moderation
Streamer Responsibilities:
- As a Streamer, you are responsible for moderating your Stream Chat
- You must take reasonable steps to address violations of these Terms in your Chat
- Repeated or severe Chat violations that you fail to address may result in action against your account
Moderation Tools:
- You may appoint moderators to help manage your Stream Chat
- You may use automated moderation tools, word filters, and other features provided by the Platform
- You may set Chat restrictions such as follower-only mode, subscriber-only mode, or slow mode
- You may ban or timeout Users from your Chat
Moderator Conduct:
- Moderators you appoint act on your behalf and their actions may be attributed to you
- You are responsible for ensuring your moderators understand and enforce these Terms
- Moderators must not abuse their powers to harass Users or violate these Terms
Chat Participant Conduct:
- All Chat participants must comply with the messaging conduct rules in Addendum 1
- Do not spam, harass, or disrupt Stream Chats
- Follow any additional rules established by the Streamer
- Respect the Streamer's moderation decisions
3.5 Virtual Gifts and Tipping
Sending Virtual Gifts:
- Viewers may purchase and send Virtual Gifts to Streamers where this feature is available
- Virtual Gifts are purchased using real currency or Platform credits
- All purchases are subject to our payment terms and refund policies
- You must be of legal age to make purchases or have parental consent
Receiving Virtual Gifts:
- Streamers may receive Virtual Gifts from Viewers
- Virtual Gifts may be converted to real currency according to the terms of the Creator Monetization Addendum (Part 2, Addendum 6)
- We reserve the right to withhold, reverse, or reclaim Virtual Gifts in cases of fraud, chargebacks, or violations of these Terms
Prohibited Practices:
- Do not solicit Virtual Gifts in exchange for prohibited content
- Do not use Virtual Gifts to harass or manipulate Streamers
- Do not engage in fraudulent transactions or chargeback schemes
- Do not use automated systems to send or farm Virtual Gifts
Tax Obligations:
- Virtual Gifts received may be taxable income
- You are responsible for reporting and paying any applicable taxes
- See the Creator Monetization Addendum (Part 2, Addendum 6) for additional information
3.6 Co-Streaming and Guests
Co-Streaming:
- You may invite other Users to co-stream with you where Platform features permit
- All co-streamers share responsibility for the content of the joint Stream
- Each co-streamer must independently comply with these Terms
- You may not co-stream with Users who are banned or suspended from the Platform
Guest Appearances:
- You may invite guests to appear on your Stream
- You are responsible for the conduct of your guests
- Guests must comply with all applicable content standards
- You must be able to remove guests or end the Stream if they violate these Terms
Permissions:
- Ensure you have permission from all participants before including them in your Stream
- Do not add Users to co-streams without their consent
- Respect the privacy and preferences of co-streamers and guests
3.7 Raids and Hosts
Raiding:
- You may raid another Streamer's channel at the end of your broadcast, directing your Viewers to their Stream
- Only raid Streamers who have not opted out of receiving raids
- Do not use raids to harass other Streamers or flood their Chat with violations
- Do not organize "hate raids" or coordinate raids designed to harm other Streamers
Hosting:
- You may host another Streamer's content on your channel while you are offline
- You are not responsible for the content of Streams you host, but you should only host content that complies with these Terms
- You may be held responsible if you knowingly host content that violates these Terms
Receiving Raids and Hosts:
- You may control whether you accept raids and hosts through your channel settings
- You may end or redirect raids that result in violations of these Terms
3.8 Emergency Broadcast Protocols
Real Emergencies:
- If a real emergency occurs during your Stream, prioritize safety over content
- End your Stream if necessary to address the emergency or contact emergency services
- Do not continue streaming if doing so could interfere with emergency response
- The Platform is not an emergency service and cannot dispatch help (see Section 8.1 of the main Terms)
Witness to Emergencies:
- If you witness an emergency while streaming, contact emergency services directly
- Do not rely on Viewers to contact emergency services on your behalf
- Consider the privacy and dignity of individuals involved in emergencies before broadcasting
Prohibited Emergency Content:
- Do not broadcast fake emergencies or "swatting" incidents
- Do not encourage Viewers to call emergency services as a prank
- Do not broadcast self-harm or threats of self-harm
- If you or someone on your Stream expresses intent to harm themselves or others, we may take action including ending your Stream and contacting appropriate authorities
3.9 Latency and Quality Disclaimers
No Guarantees:
- We do not guarantee any specific video quality, resolution, or frame rate for Live Streams
- Stream quality depends on many factors including your equipment, internet connection, and viewer devices
- Latency (delay) between broadcast and viewing is inherent in live streaming technology
Technical Limitations:
- Streams may buffer, lag, or disconnect due to technical issues
- We are not liable for any loss or damage resulting from technical issues with Live Streams
- Features such as low-latency mode may not be available in all circumstances
Viewer Experience:
- Different Viewers may experience different quality levels based on their devices and connections
- Some features may not be available on all devices or in all regions
- We may adjust stream quality to manage platform capacity
3.10 Prohibited Live Content (Expanded)
In addition to the prohibited content listed in Subsection 3.2, the following is specifically prohibited in Live Streams:
Dangerous Activities:
- Content that depicts dangerous activities performed in a way that could encourage imitation
- Stunts or challenges that pose risk of serious injury
- Operating vehicles or heavy machinery while streaming in a distracting manner
- Consuming dangerous substances or excessive amounts of alcohol/food
Gambling and Contests:
- Unlicensed gambling activities
- Contests or giveaways that violate applicable laws
- Deceptive practices in sponsored gambling content
- Streams from unlicensed or illegal gambling establishments
Sexual Content:
- Sexual acts or sexually explicit content (unless your account is specifically approved for adult content where permitted)
- Sexual solicitation
- Content that sexualizes minors in any way
Harassment and Harmful Behavior:
- Targeting individuals for harassment during Streams
- Encouraging Viewers to harass others
- Sharing personal information about others without consent
- "IRL streaming" that invades others' privacy or films people without consent
3.11 Stream Categories and Disclosures
Accurate Categorization:
- You must accurately categorize your Stream content
- Do not use misleading titles, thumbnails, or categories to attract Viewers
- Update your category if your content changes during the Stream
Required Disclosures:
- Disclose sponsored content, paid promotions, and brand deals as required by applicable law and Platform policies
- Disclose if you are streaming pre-recorded content as if it were live
- Disclose the use of artificial engagement or view-botting (which is prohibited)
Mature Content Labels:
- Apply appropriate content labels for mature content
- Streams containing mature content may be restricted from recommendations and public listings
3.12 Feature-Specific Limitations
Service Availability:
- Live streaming features may not be available in all regions or on all devices
- We may modify, suspend, or discontinue live streaming features at any time
- Access to certain features (such as monetization) may require meeting eligibility requirements
Stream Limits:
- Maximum stream duration limits may apply
- Concurrent streaming to multiple platforms ("simulcasting") may be restricted based on your account type
- We may limit the number of concurrent viewers based on account type or platform capacity
Equipment and Software:
- You are responsible for obtaining and maintaining equipment and software necessary to stream
- We do not provide technical support for third-party streaming software
- Some features may require specific software or encoding settings
Addendum 4: Location Sharing
Effective Date: [DATE]
This Addendum applies to your use of location-based features on the Platform, including but not limited to sharing your location with other Users, viewing others' locations, location-based search and discovery, check-ins, and safety features that use location data. By using these features, you agree to the terms in this Addendum in addition to the main Terms of Service.
4.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Location Data" | Information about the geographic position of your device, including precise GPS coordinates, approximate location based on Wi-Fi, cell towers, or IP address, and location information you manually enter. |
| "Precise Location" | Location Data accurate to within approximately 100 meters or less, typically derived from GPS or similar positioning technology. |
| "Approximate Location" | Location Data accurate to within a larger area (such as a city, neighborhood, or region), derived from IP address, Wi-Fi networks, or cell tower triangulation. |
| "Background Location" | Location Data collected while the App is not actively in use or is running in the background on your device. |
| "Location Sharing" | The feature that allows you to share your Location Data with other Users in real-time or periodically. |
| "Circle" or "Group" | A defined set of Users who have mutually agreed to share Location Data with each other. |
| "Place" | A named geographic location, such as a business, landmark, address, or point of interest. |
| "Check-In" | A voluntary action by which you indicate your presence at a specific Place. |
| "Geofence" | A virtual geographic boundary that triggers actions or notifications when a device enters or exits the defined area. |
4.2 Consent to Location Collection
Your Consent:
- Location features require your explicit consent before collecting Location Data
- You may grant or revoke consent through your device settings and/or Account settings
- Different features may require different levels of location access (e.g., "While Using the App" vs. "Always")
- You can use the Platform without enabling location features, though some functionality may be limited
Types of Consent:
- While Using the App: Location Data is collected only when the App is open and in active use
- Always/Background: Location Data may be collected even when the App is not actively in use (see Subsection 4.3)
- One-Time/Temporary: Location Data is collected for a single use and not retained for ongoing tracking
Withdrawing Consent:
- You may withdraw consent at any time through your device settings or Account settings
- Withdrawing consent will stop future collection but does not delete previously collected Location Data (see Subsection 4.6 for deletion)
- Some features may become unavailable if you withdraw location consent
4.3 Background Location Collection
When Background Location Is Used:
- Background Location is only collected if you have explicitly enabled features that require it
- Features that may use Background Location include:
- Real-time location sharing with Circle members
- Safety check-in and emergency alert features
- Location-based reminders or notifications
- Geofence-triggered actions
Enhanced Consent for Background Location:
- Background Location collection requires a separate, explicit consent beyond basic location permissions
- We will clearly explain why Background Location is needed before requesting this permission
- You may disable Background Location at any time through your device settings
Battery and Performance:
- Background Location collection may impact your device's battery life
- We implement measures to minimize battery impact, but you should be aware of this trade-off
- You can adjust location update frequency in some features to balance accuracy and battery life
Transparency:
- We will provide clear indicators when Background Location is active
- You can review when and how often your location is being collected through your Account settings
4.4 Location Data Use Purposes
We use Location Data for the following purposes:
Core Location Features:
- Displaying your location to Users you have chosen to share with
- Showing you the locations of Users who have chosen to share with you
- Enabling location-based search, discovery, and recommendations
- Processing check-ins and location tags on your content
Safety and Emergency Features:
- Enabling safety check-ins and alerts
- Facilitating emergency location sharing with designated contacts
- Supporting crash detection or emergency response features (where available)
- Providing location information to emergency services when you request emergency assistance through the Platform
Platform Improvement:
- Improving location accuracy and mapping features
- Analyzing aggregate, anonymized location trends to improve services
- Developing new location-based features
Prohibited Uses:
- We do not sell your Precise Location Data to third parties
- We do not use your Location Data for targeted advertising based on places you have visited (unless you opt in to such features)
- We do not share your Location Data with third parties except as described in these Terms and our Privacy Policy
4.5 Sharing Controls and Visibility
Who Can See Your Location:
- You control who can see your Location Data through your sharing settings
- Sharing options may include:
- Specific individuals you select
- Members of Circles you join
- All your connections/friends
- Public (visible to all Users)
- Default settings are configured for privacy; broader sharing requires your affirmative action
Granularity of Sharing:
- You may be able to choose between sharing Precise Location or Approximate Location
- You may be able to share location temporarily (e.g., for a set time period) or indefinitely
- You may be able to share different levels of detail with different people or groups
Circle/Group Sharing:
- Circles require mutual consent; you must accept an invitation to join a Circle
- All Circle members can see the locations of other members (subject to individual settings)
- You may leave a Circle at any time, which will stop sharing your location with that Circle
- Circle creators or administrators may have additional controls over Circle settings
Location Visibility Indicators:
- When your location is being shared, we will provide clear visual indicators
- You can see who currently has access to your location through your Account settings
- You can see when your location was last updated and shared
Pausing and Hiding Location:
- You may pause location sharing temporarily without leaving Circles or changing settings
- You may be able to hide your location from specific individuals while continuing to share with others
- Paused or hidden status may or may not be visible to others, depending on Platform features
4.6 Location History and Retention
Location History:
- Depending on your settings, we may maintain a history of your locations over time
- You control whether Location History is enabled through your Account settings
- Location History may be used to provide features such as timeline views, travel summaries, or frequently visited places
Retention Periods:
- Active location sharing data is retained only as long as necessary to provide the sharing feature
- Location History is retained according to your settings and may be deleted automatically after a period you specify
- Aggregate, anonymized location data may be retained indefinitely for analytics and service improvement
- Specific retention periods are described in our Privacy Policy
Deleting Location Data:
- You may delete your Location History through your Account settings
- You may request deletion of all Location Data associated with your account
- Deletion requests are processed in accordance with our Privacy Policy and applicable law
- Some Location Data may be retained for legal compliance, safety, or fraud prevention purposes
4.7 Safety Features
Emergency Location Sharing:
- You may be able to share your location with emergency contacts in urgent situations
- Emergency location sharing may override your normal privacy settings to prioritize safety
- You designate who can receive emergency location alerts through your Account settings
Safety Check-Ins:
- You may set up automatic check-ins that notify designated contacts if you don't check in by a specified time
- Missed check-ins may trigger alerts that include your last known location
- You are responsible for managing your check-in schedules and designated contacts
Crash Detection and Emergency Response:
- If available, crash detection features may automatically share your location with emergency services or emergency contacts
- You may opt in or out of automatic emergency features through your settings
- These features are not a substitute for contacting emergency services directly (see Section 8.1 of the main Terms)
Limitations of Safety Features:
- Safety features depend on device functionality, network connectivity, and location accuracy
- We do not guarantee that safety features will work in all circumstances
- You should not rely solely on Platform safety features for personal safety
- The Platform is not an emergency service and cannot dispatch emergency responders
4.8 Accuracy Disclaimers
Location Accuracy:
- Location Data accuracy depends on many factors outside our control, including:
- Your device's GPS capability and settings
- Satellite visibility and atmospheric conditions
- Availability of Wi-Fi and cellular networks
- Indoor vs. outdoor environment
- Device battery and power-saving settings
- We do not guarantee the accuracy of any Location Data
Potential Inaccuracies:
- Displayed locations may be delayed, inaccurate, or unavailable
- Location updates may lag behind actual movement
- Indoor locations are typically less accurate than outdoor locations
- Urban environments may experience "urban canyon" effects that reduce GPS accuracy
No Reliance for Critical Purposes:
- Do not rely on Location Data for navigation in dangerous conditions
- Do not use Location Data as the sole means of locating someone in an emergency
- Do not make critical decisions based solely on location information from the Platform
4.9 Opting Out and Data Deletion
Opting Out of Location Features:
- You may disable location features entirely through your device settings
- You may disable specific location features through your Account settings while keeping others enabled
- Opting out will prevent new Location Data collection but does not affect previously collected data
Deleting Your Location Data:
- You may delete your Location History at any time through Account settings
- You may request complete deletion of your Location Data by contacting us
- Deletion may take a reasonable period to process across all systems
- Some data may be retained as required by law or for legitimate business purposes
Effect of Deletion:
- Deleted Location Data cannot be recovered
- Deletion does not affect Location Data that has already been shared with others or that others have saved
- Anonymized or aggregate data derived from your location may not be deleted as it is no longer linked to you
4.10 Third-Party Location Services
Device Location Services:
- Location features rely on your device's location services (such as Apple Location Services or Google Location Services)
- Your device's location settings and permissions affect our ability to collect Location Data
- Your device manufacturer's privacy policy applies to how your device collects and shares location
Mapping and Places Data:
- We may use third-party mapping services to display maps and location information
- Place information (names, addresses, business details) may come from third-party providers
- Third-party mapping services have their own terms and privacy policies
Third-Party Integrations:
- If you connect third-party apps or services that use location, those services may access your Location Data according to the permissions you grant
- We are not responsible for how third-party services use Location Data you share with them
- Review the privacy policies of any third-party services before granting location access
4.11 Location-Based Notifications and Geofencing
Location-Based Notifications:
- You may opt in to receive notifications based on your location (e.g., when near a Place or when friends are nearby)
- You control which location-based notifications you receive through your settings
- Location-based notifications require appropriate location permissions to function
Geofencing:
- Geofence features allow you to set up alerts when you or others enter or exit defined areas
- Geofences you create for others require their consent
- Geofence accuracy depends on location accuracy and may not trigger precisely at boundaries
- You are responsible for using geofences appropriately and not for harassment or stalking
Notification Limitations:
- Location-based notifications may be delayed or missed due to technical limitations
- Notifications depend on network connectivity and device settings
- Do not rely on location-based notifications for time-critical or safety-critical purposes
4.12 Prohibited Uses of Location Features
You agree not to use location features to:
Harm Others:
- Stalk, harass, or monitor someone without their knowledge and consent
- Track the location of minors without appropriate parental authority
- Facilitate any illegal activity
- Violate restraining orders or other legal restrictions on contact
Deceive or Manipulate:
- Spoof, fake, or manipulate your location to deceive others
- Use location features to create false alibis or mislead others about your whereabouts
- Manipulate location-based features for unfair advantage in games, promotions, or contests
Commercial Misuse:
- Use location features for unauthorized commercial tracking or surveillance
- Collect or harvest location data of other Users
- Use Location Data for purposes not authorized by these Terms
Violation Consequences:
- Violations of these prohibitions may result in immediate termination of your account
- Serious violations may be reported to law enforcement
- We may cooperate with legal authorities investigating misuse of location features
4.13 Feature-Specific Limitations
Service Availability:
- Location features may not be available in all regions or on all devices
- Some features may require specific device capabilities or operating system versions
- We may modify, suspend, or discontinue location features at any time
Technical Requirements:
- Location features require enabled location services on your device
- Background features require appropriate background permissions
- Some features require network connectivity to function
Accuracy and Reliability:
- We do not guarantee location accuracy, availability, or reliability
- Location features are provided "as is" subject to the disclaimers in Section 9 of the main Terms
- Technical limitations may affect the performance of location features
Addendum 5: E-Commerce / Marketplace
Effective Date: [DATE]
This Addendum applies to your use of marketplace and e-commerce features on the Platform, including but not limited to buying and selling products or services, browsing listings, making payments, and conducting transactions with other Users. By using these features, you agree to the terms in this Addendum in addition to the main Terms of Service.
5.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Marketplace" | The Platform's e-commerce features that enable Users to list, discover, buy, and sell products or services. |
| "Seller" | A User who lists products or services for sale on the Marketplace. |
| "Buyer" | A User who purchases or attempts to purchase products or services on the Marketplace. |
| "Listing" | A product or service offered for sale by a Seller, including its description, images, price, and other details. |
| "Transaction" | A completed purchase of a product or service between a Buyer and Seller. |
| "Order" | A Buyer's request to purchase a Listing, which becomes a Transaction upon completion. |
| "Item" | A physical product listed for sale on the Marketplace. |
| "Digital Good" | A non-physical product delivered electronically, such as digital downloads, virtual items, or digital content. |
| "Service" | A service offered by a Seller, such as consulting, tutoring, creative work, or other professional services. |
| "Seller Fees" | Fees charged by the Platform to Sellers for using Marketplace features. |
| "Payment Processor" | The third-party service provider(s) that process payments on the Marketplace. |
5.2 Platform Role and Relationship
Platform as Facilitator:
- The Platform provides a venue for Buyers and Sellers to connect and transact
- The Platform is NOT a party to transactions between Buyers and Sellers
- The Platform does not own, possess, or control any Items or Services listed by Sellers
- The Platform does not guarantee or warrant any Listings, Items, Services, or Transactions
No Agency Relationship:
- Sellers are independent parties, not employees, agents, or representatives of the Platform
- The Platform does not supervise, direct, or control Sellers' activities
- The Platform is not responsible for Sellers' actions, omissions, or compliance with applicable laws
User-to-User Transactions:
- All Transactions are between the Buyer and Seller only
- The Platform may facilitate communication, payment processing, and dispute resolution, but is not a party to the underlying agreement
- Buyers and Sellers are responsible for fulfilling their respective obligations
5.3 Seller Eligibility and Verification
Eligibility Requirements: To sell on the Marketplace, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have a valid Account in good standing
- Provide accurate and complete registration information
- Comply with all applicable laws and regulations
- Meet any additional requirements specified for your seller category
Verification Process:
- We may require identity verification before you can sell
- Verification may include government ID, address verification, tax identification, and/or payment account verification
- Verification does not constitute endorsement or guarantee of the Seller
- We may re-verify Sellers periodically or upon request
Business Sellers:
- If you sell as a business, you must provide accurate business information
- You must have authority to bind the business to these Terms
- Additional requirements may apply based on your jurisdiction and business type
- You are responsible for compliance with all business licensing and registration requirements
Seller Restrictions:
- We may limit or restrict selling privileges based on performance metrics, compliance history, or other factors
- New Sellers may have limits on listing quantity, price, or categories
- We may require additional verification for high-value or high-risk categories
5.4 Buyer Protections
Purchase Protection Program:
- Eligible purchases may be covered by our Purchase Protection Program
- Coverage may include:
- Items not received
- Items significantly not as described
- Unauthorized transactions
- Protection is subject to eligibility requirements and limitations described in our Help Center
Eligibility for Protection:
- You must pay through the Platform's checkout system
- You must report issues within the specified timeframe
- You must cooperate with our investigation
- Protection may not apply to certain categories, high-value items, or prohibited transactions
Limitations:
- Purchase Protection is not available for all transactions
- We may require documentation or evidence to process claims
- Our decisions on claims are final, subject to any appeal process we provide
- Purchase Protection does not replace your rights under applicable consumer protection laws
Your Responsibilities as a Buyer:
- Review Listings carefully before purchasing
- Ask questions and request additional information from Sellers when needed
- Inspect Items promptly upon receipt
- Report problems within the required timeframe
- Communicate in good faith with Sellers to resolve issues
5.5 Prohibited Items and Services
You may not list, sell, offer, or facilitate the sale of:
Illegal Items:
- Items that are illegal to sell, buy, or possess in any applicable jurisdiction
- Stolen property or items with removed serial numbers
- Counterfeit or replica items (unless clearly disclosed as replicas where legally permitted)
- Items that infringe intellectual property rights
Dangerous Items:
- Weapons, ammunition, and explosives (except where specifically permitted and in compliance with all laws)
- Hazardous materials
- Items subject to safety recalls
- Items banned by applicable regulations
Controlled Substances:
- Illegal drugs and controlled substances
- Drug paraphernalia
- Prescription medications (unless properly licensed)
- Unregulated supplements making medical claims
Restricted Items:
- Alcohol (except where specifically permitted)
- Tobacco and vaping products (except where specifically permitted)
- Adult or sexually explicit items (except where specifically permitted)
- Gambling-related items
- Financial instruments and securities
Prohibited Services:
- Illegal services
- Services that facilitate harm to others
- Services that violate our Terms or Community Guidelines
- Fraudulent or deceptive services
Category-Specific Restrictions:
- Certain categories may have additional restrictions
- Restrictions may vary by jurisdiction
- Check our Seller Guidelines for category-specific requirements
5.6 Listing Requirements
Accurate Listings: All Listings must:
- Accurately describe the Item or Service
- Include clear, accurate images of the actual Item (not stock photos, except for new items)
- State the price clearly, including any additional fees
- Disclose any defects, damage, or limitations
- Specify shipping costs and delivery timeframes
- Identify the return and refund policy
Prohibited Listing Practices:
- Misleading titles, descriptions, or categories
- Keyword stuffing or irrelevant tags
- Bait-and-switch tactics
- Listing items you don't have or can't deliver
- Creating duplicate listings for the same item
- Circumventing listing fees or restrictions
Listing Content:
- All Listing content must comply with our content policies
- Images must not violate copyright or other rights
- Descriptions must be in the language(s) supported for your marketplace region
- Contact information for off-platform transactions is prohibited
Inventory Management:
- Keep Listings updated to reflect current availability
- Remove or pause Listings for items no longer available
- Update pricing promptly
- Respond to stock-related inquiries promptly
5.7 Pricing and Fee Structure
Seller Fees: Sellers may be charged:
- Listing Fees: Fees to create or renew Listings
- Transaction Fees: A percentage of the sale price upon successful Transaction
- Payment Processing Fees: Fees charged by the Payment Processor
- Promotional Fees: Optional fees for enhanced visibility or promotion
- Subscription Fees: Fees for premium Seller accounts or features
Current fee schedules are available in our Seller Fee Schedule [link to fee schedule]. We may update fees with reasonable notice.
Pricing Your Items:
- You set your own prices
- Prices must include all mandatory charges or clearly disclose additional fees
- You are responsible for pricing errors
- Price gouging during emergencies or shortages is prohibited
Taxes on Fees:
- Seller Fees may be subject to applicable taxes
- You are responsible for any taxes on your fee obligations to the Platform
5.8 Payment Processing
Payment Methods:
- All payments must be processed through the Platform's approved payment methods
- Attempting to circumvent Platform payment processing is prohibited and may result in account termination
- Available payment methods may vary by region and transaction type
Payment Processor:
- Payments are processed by our third-party Payment Processor(s)
- By using Marketplace features, you agree to the Payment Processor's terms of service
- The Payment Processor, not the Platform, is responsible for payment processing services
- Payment disputes with the processor are governed by their terms
Seller Payouts:
- Proceeds from sales are disbursed according to our payout schedule
- Payouts may be subject to holds for new Sellers or flagged transactions
- We may withhold payouts pending resolution of disputes, chargebacks, or investigations
- Minimum payout thresholds may apply
Chargebacks and Reversals:
- If a Buyer initiates a chargeback or payment reversal, we may deduct the amount from your balance
- You may be charged a chargeback fee
- Excessive chargebacks may result in account restrictions or termination
- We will provide you with information to contest chargebacks where possible
5.9 Shipping and Fulfillment
Seller Shipping Obligations:
- Ship Items within the timeframe specified in your Listing
- Use tracking for all shipments where available
- Package Items appropriately to prevent damage
- Provide accurate shipping information to Buyers
- Honor shipping costs stated in your Listing
Shipping Costs:
- You determine shipping costs for your Listings
- Shipping costs must be accurately disclosed before purchase
- You may offer free shipping or factor shipping into item price
- Additional shipping costs after purchase require Buyer consent
Delivery Timeframes:
- Provide accurate estimated delivery timeframes
- Notify Buyers promptly of any shipping delays
- Extended delays may entitle Buyers to cancellation and refund
International Shipping:
- If you offer international shipping, you are responsible for compliance with export/import laws
- Buyers may be responsible for customs duties and taxes
- Clearly disclose international shipping terms and potential additional costs
Lost or Damaged Items:
- Risk of loss generally transfers to Buyer upon delivery to carrier (unless otherwise specified)
- Sellers should obtain shipping insurance for valuable items
- Work with Buyers in good faith to resolve shipping issues
5.10 Returns and Refunds
Seller Return Policies:
- You must clearly state your return and refund policy in each Listing
- Your policy must comply with applicable consumer protection laws
- You may set reasonable return windows and conditions
- Certain items may be designated as non-returnable where legally permitted
Minimum Standards: Regardless of your stated policy:
- Items not as described must be eligible for return
- Items not received must be refunded
- Defective items must be eligible for return or remedy
- Applicable consumer protection laws always apply
Refund Processing:
- Refunds must be issued within a reasonable time after receiving the returned item
- Refunds should be issued through the original payment method
- Sellers may deduct return shipping costs where the return is not due to Seller error
- Restocking fees may be permitted in limited circumstances and must be disclosed
Return Shipping:
- Buyers generally pay return shipping unless the return is due to Seller error, item defect, or item not as described
- Provide return shipping instructions promptly
- Sellers in certain jurisdictions may be required to provide prepaid return labels
5.11 Disputes Between Buyers and Sellers
Direct Resolution:
- Buyers and Sellers should first attempt to resolve disputes directly
- Communicate respectfully and in good faith
- Document all communications and relevant evidence
Platform Dispute Resolution:
- If direct resolution fails, either party may escalate to Platform dispute resolution
- Disputes must be filed within the timeframe specified in our Help Center
- Both parties will have opportunity to provide evidence and explanations
- We will review the dispute and issue a decision
Decision Authority:
- Our decisions on disputes are final, subject to any appeal process we provide
- We may refund Buyers and recover amounts from Sellers when appropriate
- We may require Buyers to return Items in certain circumstances
- We are not liable for our dispute resolution decisions
Escalation:
- If you disagree with our decision, you may pursue other remedies available under law
- Disputes between Buyers and Sellers may be subject to the arbitration provisions in Section 12 of the main Terms
- Small claims court may be available for certain disputes
5.12 Tax Responsibilities
Seller Tax Obligations:
- You are solely responsible for determining and fulfilling your tax obligations
- This includes income tax, sales tax, VAT, GST, and any other applicable taxes
- We may collect and remit taxes on your behalf where required by law, but this does not relieve you of your obligations
Tax Information Collection:
- We may require you to provide tax identification information
- Failure to provide required tax information may result in account restrictions
- We may report your sales and payout information to tax authorities as required by law
Tax Documentation:
- We will provide tax documentation as required by applicable law
- You are responsible for maintaining your own tax records
- Consult a tax professional for advice on your specific situation
Buyer Responsibilities:
- Buyers may be responsible for use tax on purchases
- International Buyers may be responsible for import duties and taxes
- We may collect estimated taxes at checkout where required
5.13 Seller Ratings and Reviews
Rating System:
- Buyers may rate and review Sellers after Transactions
- Ratings and reviews help other Users make informed decisions
- Your seller performance metrics may affect your visibility and privileges
Review Guidelines:
- Reviews must be honest and based on genuine transaction experiences
- Reviews must comply with our content policies
- Retaliatory, fraudulent, or incentivized reviews are prohibited
Seller Responses:
- Sellers may respond to reviews publicly
- Responses must be professional and comply with our content policies
- Do not include personal information about Buyers in responses
Review Disputes:
- You may report reviews that violate our policies
- We may remove reviews that we determine violate our policies
- We do not remove reviews simply because they are negative
Performance Standards:
- Sellers must maintain minimum performance standards
- Poor performance may result in reduced visibility, restrictions, or suspension
- Performance metrics may include response time, shipping time, cancellation rate, and customer satisfaction
5.14 Auctions and Special Sale Formats
Auction Listings: Where auction features are available:
- Bids are binding offers to purchase at the bid price
- Winning bidders are obligated to complete the purchase
- Sellers are obligated to sell to the winning bidder at the winning price
- Shill bidding (bidding on your own items to inflate prices) is prohibited
- Bid manipulation of any kind is prohibited
Reserve Prices:
- Sellers may set reserve prices (minimum acceptable prices)
- If the reserve is not met, the Seller is not obligated to sell
- Reserve prices must be disclosed as applicable
Buy It Now:
- Where available, Buy It Now allows immediate purchase at a fixed price
- Buy It Now may end an auction early if enabled
Other Sale Formats:
- Additional sale formats may be offered and will be subject to format-specific rules
- Follow all rules for the specific sale format you use
5.15 Digital Goods and Services
Digital Goods:
- Digital Goods are delivered electronically
- Delivery is complete upon successful transmission or availability for download
- Returns of Digital Goods may be limited due to the nature of digital delivery
- All license restrictions and terms must be clearly disclosed
Services:
- Service Listings must clearly describe the scope, deliverables, and timeline
- Sellers must deliver Services as described
- Buyers must provide necessary information and cooperation
- Payment for Services may be released upon completion milestones or delivery
Licensing:
- If Digital Goods include licensed content, you must have the right to sell or sublicense
- Clearly disclose any license limitations or usage restrictions
- Buyers receive only the rights expressly granted in the Listing
5.16 Feature-Specific Limitations
Service Availability:
- Marketplace features may not be available in all regions
- Certain categories may be restricted in certain regions
- We may modify, suspend, or discontinue Marketplace features at any time
Account Limits:
- New accounts may have listing, selling, or payout limits
- Limits may increase over time based on performance
- We may impose limits for risk management purposes
Enforcement:
- We may remove Listings that violate these Terms
- We may suspend or terminate Seller privileges for violations
- We may hold, reverse, or reclaim funds related to prohibited Transactions
- Serious violations may be reported to law enforcement
Addendum 6: Creator Monetization
Effective Date: [DATE]
This Addendum applies to your participation in the Platform's creator monetization programs, including but not limited to advertising revenue sharing, tips and virtual gifts, subscriptions, memberships, and other methods by which Creators can earn money from their content. By participating in any monetization program, you agree to the terms in this Addendum in addition to the main Terms of Service.
6.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Creator" | A User who creates and publishes content on the Platform and participates in one or more monetization programs. |
| "Monetization" | The process of earning revenue from content through Platform-provided programs. |
| "Monetization Program" | Any program offered by the Platform through which Creators can earn revenue, including ad revenue sharing, tips, subscriptions, and others. |
| "Revenue" | Money earned by a Creator through Monetization Programs, before any fees or deductions. |
| "Net Revenue" | Revenue after deduction of Platform fees, payment processing fees, refunds, chargebacks, and other applicable deductions. |
| "Payout" | The disbursement of Net Revenue to a Creator. |
| "Ad Revenue" | Revenue generated from advertisements displayed on or alongside a Creator's content. |
| "Tips" or "Virtual Gifts" | Direct monetary contributions or digital gifts sent by Users to Creators. |
| "Subscription" | A recurring payment by a User to access a Creator's exclusive content or benefits. |
| "Membership" | A tiered subscription program offering different levels of access and benefits. |
| "Brand Deal" or "Sponsorship" | A commercial arrangement between a Creator and a third-party brand or advertiser. |
6.2 Eligibility Requirements
General Eligibility: To participate in Monetization Programs, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have a valid Account in good standing
- Reside in a country where the Monetization Program is available
- Comply with all applicable laws, including tax laws
- Meet program-specific requirements as described below
Program-Specific Requirements: Different Monetization Programs may have additional requirements, such as:
- Minimum follower or subscriber counts
- Minimum content views or engagement metrics
- Account age requirements
- Content quality or consistency standards
- Completion of identity and tax verification
- Acceptance into specific programs (which may be by application or invitation)
Maintaining Eligibility:
- You must continue to meet eligibility requirements to remain in Monetization Programs
- We may review your eligibility periodically
- Failure to maintain eligibility may result in removal from programs
- You must promptly update your information if your eligibility status changes
No Guarantee of Acceptance:
- Meeting minimum requirements does not guarantee acceptance into any program
- We reserve the right to accept or reject applicants at our discretion
- We are not required to provide reasons for rejection
6.3 Revenue Sharing Terms
Ad Revenue Sharing:
- Creators may earn a share of advertising revenue generated from their eligible content
- The revenue share percentage is specified in the program terms and may vary by:
- Content type
- Geographic region of viewers
- Advertiser demand
- Creator tier or status
- Current revenue share rates are available in our Creator Hub [link]
How Ad Revenue Is Calculated:
- Ad Revenue is based on ads actually served and viewed on your content
- Revenue depends on factors including ad impressions, click-through rates, advertiser bids, and viewer demographics
- Not all views generate ad revenue (e.g., ad-blocked views, views in regions with low advertiser demand)
- We provide estimated earnings in your Creator Dashboard, but final amounts may differ
Revenue from Tips and Virtual Gifts:
- Creators receive a percentage of the value of Tips and Virtual Gifts received
- The Platform retains a percentage to cover operational costs and payment processing
- Current rates are specified in the program terms
Subscription and Membership Revenue:
- Creators set their own subscription prices within Platform guidelines
- The Platform retains a percentage of subscription revenue
- Subscription revenue is calculated after refunds and chargebacks
Revenue Adjustments:
- We may adjust Revenue for invalid activity, including:
- Fraudulent or artificial views, clicks, or engagement
- Chargebacks and refunds
- Policy violations discovered after revenue was credited
- Adjustments may be made at any time, including retroactively
6.4 Payment Schedules and Thresholds
Payment Thresholds:
- Payouts are made only when your balance reaches the minimum payment threshold
- The current minimum threshold is [AMOUNT] (or local currency equivalent)
- Different Monetization Programs may have different thresholds
- Balances below the threshold carry over to the next payment period
Payment Schedule:
- Payouts are processed on a [monthly/bi-weekly] basis
- Payments are typically initiated within a reasonable time after the end of each payment period
- Actual receipt of funds depends on your payment method and financial institution
- Payment schedules may vary by region and payment method
Payment Methods:
- Available payment methods include [list methods: direct deposit, PayPal, etc.]
- You are responsible for providing accurate payment information
- We are not responsible for payments sent to incorrect accounts due to your error
- Some payment methods may have additional fees or minimum amounts
Payment Holds:
- We may place holds on payments for:
- New accounts (initial hold period)
- Suspicious activity or potential fraud
- Pending disputes or investigations
- Failure to provide required tax documentation
- Violation of Terms under investigation
- We will notify you of holds where possible and provide information on resolving them
Currency:
- Payments are made in [currency or currencies available]
- Currency conversion rates are determined at the time of payment
- You are responsible for any currency conversion fees charged by your bank
6.5 Tax Documentation Requirements
Tax Information:
- You must provide accurate and complete tax information before receiving Payouts
- Required information may include:
- Tax identification number (SSN, EIN, or equivalent)
- W-9 (for U.S. persons) or W-8 series forms (for non-U.S. persons)
- VAT registration number (where applicable)
- Other documentation required by applicable law
Tax Withholding:
- We may be required to withhold taxes from your Payouts
- Withholding rates depend on your tax status, location, and applicable tax treaties
- Providing complete and accurate tax documentation may reduce withholding
- You are responsible for understanding your withholding obligations
Tax Reporting:
- We will provide tax reporting documents as required by law (e.g., Form 1099 in the U.S.)
- You are responsible for reporting your earnings and paying applicable taxes
- We do not provide tax advice; consult a tax professional for guidance
Updating Tax Information:
- You must update your tax information promptly if it changes
- Failure to provide or update tax information may result in:
- Payment holds
- Increased tax withholding
- Removal from Monetization Programs
6.6 Prohibited Monetization Practices
You may not:
Manipulate Metrics:
- Artificially inflate views, clicks, engagement, or other metrics
- Use bots, click farms, or automated systems to generate activity
- Participate in schemes to exchange views, likes, or engagement
- Purchase fake followers, subscribers, or engagement
Deceive Viewers or Advertisers:
- Create content primarily to generate ad revenue without providing value
- Encourage viewers to click ads or engage artificially
- Misrepresent the nature of your content to attract advertisers
- Place ads in a way that deceives users into clicking
Circumvent Platform Systems:
- Attempt to manipulate the ad serving system
- Create multiple accounts to circumvent monetization limits
- Use technical means to bypass ad blockers on behalf of advertisers
- Interfere with ad delivery or measurement
Violate Content Policies:
- Monetize content that violates our Terms or Community Guidelines
- Monetize content that infringes intellectual property rights
- Monetize content in restricted categories without authorization
- Misrepresent content to avoid monetization restrictions
Violate Advertising Policies:
- Place ads on content that violates advertiser-friendly guidelines
- Associate brands with controversial or inappropriate content without consent
- Fail to disclose sponsored content as required
6.7 Demonetization and Appeals
Demonetization: We may demonetize (remove monetization from) specific content or your entire account for:
- Violations of these Terms or Community Guidelines
- Violations of advertiser-friendly content guidelines
- Invalid traffic or metric manipulation
- Repeated or severe policy violations
- Content that is not suitable for advertisers
- Legal or regulatory requirements
Types of Demonetization:
- Content-Level: Specific videos or posts may be demonetized while your account remains monetized
- Limited Monetization: Your content may receive limited or no ads based on its nature
- Account-Level: Your entire account may be removed from Monetization Programs
Notice:
- We will notify you of demonetization decisions through your Creator Dashboard or email
- Notifications will include the reason for demonetization where possible
- Some demonetization may occur automatically based on our systems
Appeals Process:
- You may appeal demonetization decisions through the process described in our Help Center
- Appeals must be submitted within a reasonable time after the demonetization notice
- Provide any relevant information or context to support your appeal
- We will review appeals and respond within a reasonable timeframe
- Our decision on appeals is final
Reinstatement:
- If your appeal is successful, monetization may be reinstated
- Reinstated monetization applies prospectively; we do not compensate for lost revenue during demonetization
- Repeated violations may result in permanent removal from Monetization Programs
6.8 Sponsorship and Brand Deal Disclosures
Disclosure Requirements:
- You must clearly disclose sponsored content, brand deals, and paid partnerships
- Disclosures must comply with applicable laws (including FTC guidelines in the U.S.)
- Disclosures must be clear, conspicuous, and understandable to your audience
How to Disclose:
- Use Platform-provided disclosure tools where available
- Include verbal and/or written disclosure in the content itself
- Place disclosures where viewers will see them before engaging with the content
- Use clear language (e.g., "Sponsored," "Paid Partnership," "Ad")
What Must Be Disclosed:
- Payment or free products/services received in exchange for content
- Affiliate relationships where you earn commission
- Brand ambassadorships or ongoing partnerships
- Any material connection that might affect viewers' evaluation of your endorsement
Platform Responsibility:
- We may require use of specific disclosure tools for certain sponsorships
- We may take action on content with inadequate disclosures
- We are not responsible for your compliance with disclosure laws
- You indemnify us for claims arising from your failure to properly disclose
6.9 Tips, Donations, and Direct Support
Receiving Tips:
- Users may send Tips or Virtual Gifts to support your content
- Tips are voluntary contributions and do not entitle senders to specific content or services
- You may not condition access to content on Tips (unless using subscription features)
Platform Fees:
- The Platform retains a percentage of Tips to cover operational and processing costs
- Current fee rates are specified in the program terms
- Fees may vary by payment method or region
Refunds and Chargebacks:
- Tips may be subject to refund or chargeback by the sender
- Refunded or charged-back amounts will be deducted from your balance
- Excessive chargebacks may result in restrictions on receiving Tips
No Employment Relationship:
- Receiving Tips does not create an employment or contractor relationship with senders
- You are solely responsible for any tax obligations on Tips received
6.10 Subscriptions and Memberships
Offering Subscriptions:
- Eligible Creators may offer paid subscriptions for exclusive content or benefits
- You set subscription prices within Platform guidelines
- You define subscription benefits and must deliver on promised benefits
Subscriber Relationship:
- Subscribers pay you (through the Platform) for access to exclusive content and benefits
- You must provide the benefits described in your subscription offering
- Failure to deliver benefits may result in subscriber refunds deducted from your earnings
Subscription Revenue:
- You receive a percentage of subscription payments after Platform fees
- Revenue is subject to refunds, chargebacks, and adjustments
- Subscription revenue is included in your regular Payout schedule
Membership Tiers:
- You may offer multiple membership tiers with different prices and benefits
- Each tier must clearly describe what subscribers receive
- Higher tiers should offer meaningfully more value than lower tiers
Cancellations and Refunds:
- Subscribers may cancel at any time
- Cancelled subscriptions remain active until the end of the billing period
- Refund policies are as specified in the Platform's terms
- You may not receive revenue for refunded subscriptions
6.11 Exclusive Content and Paywalled Material
Creator Obligations:
- Exclusive content must comply with all Platform content policies
- Do not use paywalls to hide content that violates our Terms
- Deliver the content and value promised to paying subscribers
- Maintain reasonable content schedules if you promise regular exclusive content
Content Ownership:
- You retain ownership of your exclusive content
- The license you grant the Platform applies to exclusive content
- Subscribers receive access rights, not ownership, of exclusive content
Restrictions:
- Some content types may not be eligible for paywalling
- Certain restricted content categories may have additional rules
- We may review paywalled content for policy compliance
6.12 Creator Fund Programs
Creator Funds:
- We may offer Creator Fund programs that distribute payments based on performance metrics
- Fund participation may require application and acceptance
- Fund terms, including payment calculations, are specified in program-specific terms
Fund Payments:
- Creator Fund payments are separate from other Monetization Program earnings
- Payments are based on metrics and formulas we determine
- Fund pools and payment rates may vary over time
- We do not guarantee any specific payment amounts
Program Changes:
- We may modify, suspend, or discontinue Creator Fund programs at any time
- Changes will be communicated through appropriate channels
- Continued participation after changes constitutes acceptance
6.13 Monetization of Different Content Types
Video Content:
- Pre-roll, mid-roll, and post-roll ads may be placed on eligible videos
- You may have controls over ad placement (e.g., choosing mid-roll break points)
- Longer videos may be eligible for more ad placements
- Short-form video may have different monetization options
Live Streams:
- Live content may be monetized through ads, Tips, and other methods
- Ad breaks during live streams are subject to specific guidelines
- Tips and Virtual Gifts during live streams are covered in Addendum 3
Audio Content:
- Podcast and audio content monetization may have specific terms
- Audio ads may be dynamically inserted
Written Content:
- Articles, posts, and other written content may be monetized where supported
- Ad placement in written content follows Platform guidelines
6.14 Changes to Monetization Programs
Our Right to Change:
- We may modify Monetization Programs, including revenue shares, at any time
- We will provide reasonable notice of material changes
- Changes may be necessary due to business conditions, advertiser demand, or other factors
Notice of Changes:
- Material changes will be communicated via email, Creator Dashboard, or Platform announcements
- We will provide reasonable advance notice for changes to revenue share rates
- Some changes may take effect immediately for legal or operational reasons
Your Options:
- If you disagree with changes, you may withdraw from affected programs
- Continued participation after changes take effect constitutes acceptance
- Withdrawal does not affect earnings already accrued
6.15 Termination of Monetization
Voluntary Withdrawal:
- You may withdraw from Monetization Programs at any time
- Pending Payouts will be processed according to normal schedules
- Minimum threshold requirements still apply to final Payouts
- Balances below threshold at withdrawal may be forfeited after a reasonable period of inactivity
Involuntary Removal:
- We may remove you from Monetization Programs for:
- Violation of these Terms or program-specific terms
- Fraudulent activity or metric manipulation
- Extended inactivity
- Failure to meet ongoing eligibility requirements
- Legal or regulatory requirements
Effect of Termination:
- Upon removal, you will no longer earn revenue from the Platform
- Pending Payouts may be held for investigation of violations
- Payouts may be forfeited if removal is due to fraud or serious violations
- You may be prohibited from rejoining Monetization Programs
6.16 Feature-Specific Limitations
Service Availability:
- Monetization features may not be available in all countries or regions
- Available programs may vary by location
- We may expand or restrict availability at any time
Earnings Variability:
- Earnings depend on many factors outside our control
- We do not guarantee any minimum earnings
- Past earnings are not indicative of future earnings
- Market conditions, advertiser demand, and viewer behavior affect earnings
Technical Limitations:
- Reporting and analytics are provided as estimates
- Final payment amounts may differ from estimates
- Technical issues may temporarily affect monetization features
- We are not liable for lost revenue due to technical issues
Addendum 7: Premium/Subscription Services
Effective Date: [DATE]
This Addendum applies to your purchase and use of premium subscription services offered by the Platform, including but not limited to ad-free experiences, enhanced features, exclusive content access, and other paid membership benefits. By subscribing to any premium service, you agree to the terms in this Addendum in addition to the main Terms of Service.
7.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "Premium Services" | Paid subscription services offered by the Platform that provide enhanced features, benefits, or access beyond the free tier. |
| "Subscription" | A recurring agreement to pay for Premium Services on a periodic basis (e.g., monthly, annually). |
| "Subscription Period" | The duration of time covered by a single subscription payment (e.g., one month, one year). |
| "Subscriber" | A User who has an active Subscription to Premium Services. |
| "Free Tier" | The basic Platform services available without a paid Subscription. |
| "Subscription Fee" | The amount charged for a Subscription Period. |
| "Billing Date" | The date on which your Subscription Fee is charged. |
| "Renewal Date" | The date on which your Subscription automatically renews for a new Subscription Period. |
| "Trial Period" | A limited time during which you may access Premium Services at no cost or reduced cost. |
| "Family Plan" | A Subscription that allows multiple users to share Premium Services benefits. |
| "Bundle" | A combination of Premium Services or third-party services offered together at a combined price. |
7.2 Subscription Tiers and Pricing
Available Tiers:
- We offer multiple subscription tiers with different features and pricing
- Current tiers and their features are described on our Pricing Page [link]
- Features and benefits may vary by tier
- Not all features are available in all tiers
Pricing:
- Subscription Fees are displayed on the Pricing Page and during checkout
- Prices are shown in your local currency where available
- Prices may vary by region, currency, and payment method
- Promotional pricing may be available for limited periods
What's Included: Each subscription tier includes specific features as described at the time of purchase, which may include:
- Ad-free or reduced-ad experience
- Enhanced content quality (e.g., higher resolution video)
- Exclusive features or early access to new features
- Increased storage or usage limits
- Exclusive content or content libraries
- Priority customer support
- Badges or recognition
Feature Descriptions:
- Feature descriptions at the time of purchase govern what is included
- We will maintain documentation of features for each tier
- Check your subscription details in Account Settings for your current features
7.3 Billing Cycles and Auto-Renewal
Billing Cycles:
- Subscriptions are billed in advance for each Subscription Period
- Available billing cycles include monthly, annual, and other periods as offered
- Annual subscriptions typically offer a discount compared to monthly billing
- Your Billing Date is the day you initially subscribe and recurs each period
Auto-Renewal:
- YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each Subscription Period unless you cancel
- You authorize us to charge your payment method on file for each renewal
- Renewal charges occur on or shortly before your Renewal Date
- We will attempt to notify you before renewal, but failure to receive notice does not affect the auto-renewal
Renewal Pricing:
- Renewals are charged at the then-current Subscription Fee
- If pricing has changed, we will notify you before your renewal
- Promotional or introductory pricing may not apply to renewals
- You may cancel before renewal if you do not agree to new pricing
Failed Payments:
- If your payment method fails at renewal, we may:
- Attempt to charge the payment method again
- Try an alternative payment method on file
- Suspend your Premium Services until payment is received
- Cancel your Subscription after multiple failed attempts
- You remain responsible for any unpaid Subscription Fees
7.4 Free Trials and Promotional Offers
Trial Periods:
- We may offer free trials of Premium Services
- Trial eligibility may be limited (e.g., one trial per user, new users only)
- Trial duration and included features are specified at sign-up
- You may need to provide payment information to start a trial
Trial Conversion:
- YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION at the end of the Trial Period unless you cancel
- You will be charged the applicable Subscription Fee upon conversion
- Cancel before the trial ends to avoid charges
- We will notify you before your trial converts to a paid subscription
Promotional Offers:
- We may offer promotional pricing, discounts, or special offers
- Promotional terms are specified at the time of the offer
- Promotions may be limited to certain users, regions, or time periods
- Promotional pricing typically applies only to initial periods; renewals may be at regular prices
Offer Restrictions:
- Promotional offers cannot be combined unless explicitly stated
- We reserve the right to modify or withdraw promotions at any time
- Abuse of promotional offers (e.g., creating multiple accounts) may result in charges or account action
7.5 Cancellation Process
How to Cancel:
- You may cancel your Subscription at any time through:
- Account Settings on the Platform
- The app store through which you subscribed (if applicable)
- Contacting customer support
- Follow the cancellation instructions for your specific subscription method
Effect of Cancellation:
- Cancellation stops future renewals but does not immediately terminate your Subscription
- You retain access to Premium Services until the end of your current Subscription Period
- No partial refunds are provided for unused time in your current period (except as required by law or described in Subsection 7.6)
- After your Subscription Period ends, your account reverts to the Free Tier
Cancellation Confirmation:
- You will receive confirmation of your cancellation
- Keep this confirmation for your records
- If you do not receive confirmation, verify your cancellation status in Account Settings
Resubscribing:
- You may resubscribe at any time after cancellation
- Resubscription may be at current pricing (promotional pricing may not be available)
- Some benefits (such as grandfathered pricing) may not be restored upon resubscription
7.6 Refund Policy
General Policy:
- Subscription Fees are generally non-refundable
- We do not provide refunds for:
- Unused time remaining in your Subscription Period
- Partial months or periods
- Dissatisfaction with features that were accurately described
- Failure to cancel before renewal
Exceptions: We may provide refunds in the following circumstances:
- Technical issues that prevented you from accessing Premium Services
- Billing errors or duplicate charges
- As required by applicable law (see Regional Variations below)
- At our discretion for other circumstances
How to Request a Refund:
- Contact customer support promptly after discovering the charge
- Provide your account information and reason for the request
- We will review your request and respond within a reasonable time
- Approved refunds are credited to your original payment method
Regional Variations:
European Union, EEA, and UK:
- You have a 14-day right of withdrawal from the date of purchase
- If you begin using Premium Services during the withdrawal period, you may be charged for the services used
- After the withdrawal period, the general refund policy applies
Australia:
- Refund rights under Australian Consumer Law apply
- You may be entitled to a refund if services are not provided with due care and skill or are not fit for purpose
Other Regions:
- Additional refund rights may apply under your local consumer protection laws
- Nothing in this policy limits rights that cannot be waived by contract
App Store Purchases:
- If you subscribed through an app store (Apple App Store, Google Play, etc.), their refund policies may apply
- Refund requests for app store purchases must typically be made through the app store
7.7 Feature Changes
Our Right to Modify:
- We may add, modify, or remove features from Premium Services
- We continuously improve and update our services
- Some features may be experimental or in beta
Notice of Material Changes:
- We will provide notice of material changes to Premium Services features
- "Material changes" means removal of significant features or substantial reduction in service
- Notice will be provided via email and/or Platform notifications
- We will provide reasonable advance notice before material changes take effect
Your Options:
- If you disagree with material changes, you may cancel before they take effect
- Cancellation for material changes may entitle you to a prorated refund for the remainder of your Subscription Period
- Continued use after changes take effect constitutes acceptance
Changes That Are Not Material:
- Minor feature updates, bug fixes, and improvements
- Changes to beta or experimental features
- Security updates
- UI/UX changes that do not substantially affect functionality
7.8 Price Changes
Our Right to Change Prices:
- We may change Subscription Fees from time to time
- Price changes reflect changes in costs, market conditions, or service value
Notice of Price Changes:
- We will provide at least [30] days' notice before price changes affect your Subscription
- Notice will be sent to your email address on file and/or displayed in Account Settings
- Price changes typically take effect at your next Renewal Date after the notice period
Your Options:
- If you do not agree to the new price, cancel before your Renewal Date
- Cancellation before the price increase takes effect will not be charged at the new rate
- If you do not cancel, renewal at the new price constitutes acceptance
Grandfathered Pricing:
- In some cases, we may allow existing subscribers to keep their current pricing
- Grandfathered pricing is not guaranteed and may be withdrawn with notice
- If you cancel a grandfathered subscription, you may not be able to resubscribe at the old price
7.9 Family Plans
Family Plan Features:
- Family Plans allow a primary subscriber to share Premium Services with additional members
- The number of allowed members is specified in the plan terms
- All members must reside in the same household (or meet other eligibility requirements)
Primary Account Holder:
- The primary subscriber is responsible for the Subscription Fee
- The primary subscriber manages who is included in the Family Plan
- The primary subscriber is responsible for the conduct of all Family Plan members
Family Members:
- Family members must have their own Platform accounts
- Family members receive access to Premium Services as specified in the plan
- Some features may be limited or different for family members vs. the primary subscriber
- Family members' access ends if the primary subscription is cancelled
Adding and Removing Members:
- The primary subscriber can add or remove members through Account Settings
- Removed members immediately lose access to Premium Services
- Added members gain access when the invitation is accepted
Eligibility Verification:
- We may verify that Family Plan members meet eligibility requirements
- Misrepresentation of eligibility may result in cancellation without refund
7.10 Bundles and Partner Offers
Bundled Services:
- We may offer bundles that include Premium Services with other Platform features or third-party services
- Bundle pricing and terms are specified at purchase
- Bundle components may have separate terms that also apply
Partner Offers:
- We may partner with third parties to offer Premium Services at a discount or as part of their offerings
- Partner offers are subject to the partner's terms in addition to these Terms
- Availability, pricing, and features may differ from direct subscriptions
Changes to Bundles:
- Bundle contents may change over time
- If a bundle component is discontinued, we may substitute a comparable component or adjust pricing
- Significant changes to bundles will be communicated with appropriate notice
Unbundling:
- If you cancel a bundle or the bundle is discontinued, you may be offered component services at their individual prices
- There is no obligation to continue any component service
7.11 Account and Access
Account Requirements:
- You must have a valid Platform account to subscribe to Premium Services
- Your Premium Services are tied to your account and cannot be transferred
- Subscription benefits are personal to you (except for Family Plans)
Device and Access Limits:
- Premium Services may limit the number of devices on which you can access features
- Simultaneous streaming or usage limits may apply
- Limits are specified in your subscription details
Account Sharing Prohibited:
- Sharing your account credentials to allow others to use your Premium Services is prohibited (except through Family Plans)
- We may monitor for unauthorized sharing and take action including cancellation
Access During Disputes:
- If there is a billing dispute, we may maintain your access while the dispute is resolved
- We reserve the right to suspend access for non-payment
7.12 Gift Subscriptions
Purchasing Gifts:
- You may purchase Premium Services as a gift for another user
- Gift subscriptions are prepaid for a specified duration
- Gift recipient must have or create a Platform account to redeem
Redeeming Gifts:
- Gift recipients redeem using a code or link provided to them
- Gifts must be redeemed within a reasonable period of purchase
- Unredeemed gifts may expire after the redemption period
Gift Terms:
- Gifts do not auto-renew; the recipient must subscribe separately after the gift period
- Gifts are generally non-refundable (refund to purchaser may be available before redemption)
- Gift recipients are subject to all Premium Services terms
7.13 Pausing Subscriptions
Pause Feature:
- Where available, you may pause your Subscription instead of cancelling
- Pausing stops billing and access for a specified period
- Your Subscription resumes automatically after the pause period
Pause Limitations:
- Pausing may be limited (e.g., maximum pause duration, limited number of pauses per year)
- Not all subscription types may be eligible for pausing
- Pause availability and terms are specified in Account Settings
During Pause:
- You do not have access to Premium Services features during the pause
- Your account reverts to Free Tier functionality
- Your subscription history and any accumulated benefits are preserved
7.14 Taxes
Tax Responsibility:
- Subscription Fees may be subject to applicable taxes (sales tax, VAT, GST, etc.)
- Displayed prices may or may not include taxes depending on your jurisdiction
- You are responsible for paying any applicable taxes
Tax Calculation:
- Taxes are calculated based on your location as determined by your billing address, IP address, or other factors
- Tax rates may change due to changes in law or your location
- If your location changes, your tax obligations may change at your next billing
Tax Exemption:
- If you qualify for tax exemption, you may provide documentation through Account Settings
- We will apply exemptions where valid documentation is provided
7.15 Feature-Specific Limitations
Service Availability:
- Premium Services may not be available in all regions
- Features may vary by region due to licensing, legal, or other restrictions
- We may expand or restrict availability at any time
Technical Requirements:
- Some Premium features may require specific devices, software versions, or internet speeds
- We are not responsible if your equipment does not support certain features
- Technical requirements are specified in our Help Center
Third-Party Dependencies:
- Some Premium features may depend on third-party services
- Availability of third-party-dependent features is subject to the third party's terms
- We are not responsible for interruptions caused by third parties
No Guarantees:
- We strive to maintain high availability but do not guarantee uninterrupted access
- Scheduled maintenance, updates, and unforeseen issues may temporarily affect access
- We are not liable for temporary service interruptions
Addendum 8: API & Developer
Effective Date: [DATE]
This Addendum applies to your access and use of the Platform's application programming interfaces (APIs), software development kits (SDKs), developer tools, and related documentation. By accessing or using any developer resources, you agree to the terms in this Addendum in addition to the main Terms of Service.
8.1 Scope and Definitions
For purposes of this Addendum:
| Term | Definition |
|---|---|
| "API" | The Platform's application programming interfaces, including REST APIs, GraphQL APIs, and any other programmatic interfaces we provide. |
| "SDK" | Software development kits provided by the Platform to facilitate integration with the API. |
| "Developer Resources" | Collectively, the API, SDKs, documentation, sample code, developer tools, and related materials provided by the Platform for developers. |
| "Developer" | Any individual or entity that accesses or uses Developer Resources. |
| "Application" | Any software application, website, service, or product created by a Developer that integrates with the API. |
| "API Key" or "Access Token" | Credentials issued to a Developer to authenticate API requests. |
| "API Call" | A single request made to the API. |
| "Rate Limit" | The maximum number of API Calls permitted within a specified time period. |
| "Webhook" | A mechanism by which the Platform sends automated notifications to a Developer's Application when specified events occur. |
| "OAuth" | The authorization framework used to grant Applications limited access to user accounts. |
| "End User" | A user of a Developer's Application who may also be a Platform user. |
8.2 Developer Registration
Registration Requirements: To access Developer Resources, you must:
- Create a developer account or register your existing account for developer access
- Provide accurate and complete information about yourself and your Application
- Agree to this Addendum and any additional developer terms
- Verify your identity and contact information as requested
Application Registration:
- Each Application that uses the API must be registered separately
- You must provide accurate information about your Application, including its purpose, functionality, and data practices
- You must keep your Application information up to date
- We may reject Application registrations at our discretion
Approval Process:
- Access to certain APIs or elevated rate limits may require approval
- Approval may involve review of your Application, development history, or intended use
- Approval for one Application does not guarantee approval for others
- We may revoke approval at any time if terms are violated
Developer Account Security:
- You are responsible for maintaining the security of your developer account
- Keep your API Keys and Access Tokens confidential
- Do not share credentials or embed them in publicly accessible code
- Notify us immediately if you suspect unauthorized access to your credentials
8.3 API Usage Limits and Quotas
Rate Limits:
- API access is subject to rate limits that restrict the number of API Calls you can make
- Default rate limits are specified in our API Documentation
- Exceeding rate limits may result in temporary blocking of API access
- Rate limits may vary by API endpoint, time period, and developer tier
Quotas:
- In addition to rate limits, you may be subject to daily, monthly, or other periodic quotas
- Quotas limit total API usage over longer periods
- Quota overages may result in additional charges or service restrictions
Requesting Increased Limits:
- You may request increased rate limits or quotas through our Developer Portal
- Requests are evaluated based on your use case, history, and compliance
- Increased limits may require a paid developer plan or enterprise agreement
- We are not obligated to grant limit increases
Fair Use:
- Even within rate limits, you must use the API in a reasonable manner
- Do not make unnecessary or redundant API Calls
- Implement appropriate caching to reduce API load
- We may restrict access if your usage patterns negatively impact Platform performance
8.4 Data Handling Requirements
User Data Protection:
- You must handle all data obtained through the API in accordance with applicable privacy laws
- Only request data that is necessary for your Application's functionality
- Obtain appropriate consent from End Users before accessing their data
- Provide End Users with clear information about how their data will be used
Data Use Restrictions:
- Use API data only for the purposes described in your Application registration
- Do not sell, rent, or lease user data obtained through the API
- Do not use data for surveillance, tracking, or profiling beyond your stated purposes
- Do not combine API data with other data sources in ways that violate user privacy
Data Retention:
- Retain API data only as long as necessary for your stated purposes
- Delete user data promptly when requested by the user or when no longer needed
- Implement appropriate data retention and deletion policies
- Be prepared to demonstrate compliance with data handling requirements
Data Security:
- Implement appropriate technical and organizational security measures
- Protect API data from unauthorized access, disclosure, or loss
- Encrypt data in transit and at rest where appropriate
- Notify us promptly of any data breaches involving API data
Compliance:
- You are responsible for your Application's compliance with:
- GDPR (for EU/EEA users)
- CCPA/CPRA (for California users)
- Other applicable privacy and data protection laws
- We may audit your data handling practices upon reasonable notice
8.5 Prohibited Uses
You may not use the API or Developer Resources to:
Harmful Activities:
- Develop Applications that are malicious, deceptive, or harmful
- Facilitate spam, phishing, malware distribution, or other abusive activities
- Harass, stalk, or harm Platform users
- Engage in any illegal activities
Platform Abuse:
- Circumvent rate limits, quotas, or other technical restrictions
- Interfere with or disrupt the Platform or its infrastructure
- Attempt to gain unauthorized access to Platform systems or data
- Reverse engineer, decompile, or derive source code from the API or Platform
Data Misuse:
- Scrape, crawl, or bulk-download Platform content beyond API permissions
- Create databases or data sets that replicate substantial portions of Platform data
- Use data for purposes not disclosed to or consented by users
- Re-identify anonymized or aggregated data
Competitive Activities:
- Build Applications that replicate core Platform functionality
- Use the API to build a competing service
- Benchmark or performance-test the API for competitive purposes without permission
Unauthorized Commercial Use:
- Sell API access or data to third parties
- Use free API access for commercial purposes beyond permitted limits
- Sublicense API access to others
Policy Violations:
- Violate Platform Terms of Service or Community Guidelines
- Enable End Users to violate Platform policies
- Circumvent Platform content moderation or safety features
8.6 Attribution Requirements
Required Attribution:
- You must provide appropriate attribution to the Platform in your Application
- Attribution requirements are specified in our Brand Guidelines
- Do not modify, distort, or obscure required attribution
Logo and Trademark Use:
- Use of Platform logos and trademarks must comply with our Brand Guidelines
- Do not imply endorsement, partnership, or affiliation beyond what exists
- Do not use Platform branding in a way that could confuse users
Content Attribution:
- When displaying Platform content, attribute it appropriately
- Include links back to the original content on the Platform where required
- Do not remove or obscure creator attribution on user-generated content
Exceptions:
- Some API uses may have different or no attribution requirements
- Check the documentation for specific API endpoints
- Enterprise agreements may modify attribution requirements
8.7 Authentication and Authorization
OAuth Implementation:
- Applications that access user data must use OAuth for authentication
- Implement OAuth securely according to our documentation
- Request only the permissions (scopes) necessary for your Application
- Clearly explain to users what permissions you are requesting and why
User Consent:
- Obtain explicit user consent before accessing their Platform data
- Do not pre-check consent boxes or use deceptive patterns
- Honor user decisions to revoke access
- Provide users with easy ways to disconnect your Application
Token Management:
- Store access tokens securely
- Refresh tokens before they expire to maintain access
- Do not share tokens between users or Applications
- Revoke tokens when they are no longer needed
8.8 Webhooks and Real-Time Data
Webhook Registration:
- You may register webhook endpoints to receive real-time notifications
- Provide secure (HTTPS) endpoints for webhook delivery
- Verify webhook signatures to ensure authenticity
- Respond promptly to webhook deliveries
Webhook Reliability:
- We do not guarantee webhook delivery
- Implement retry logic and idempotency in your webhook handlers
- Use webhooks in combination with polling for critical data
- We may disable webhooks to endpoints that consistently fail
Real-Time APIs:
- Real-time streaming APIs (WebSockets, etc.) have specific terms
- Maintain connections responsibly; do not open excessive connections
- Implement reconnection logic with appropriate backoff
8.9 Plugins and Integrations
Plugin Development:
- If we offer a plugin or extension framework, plugins must comply with plugin-specific guidelines
- Plugins are subject to review and approval before distribution
- We may remove plugins that violate policies or negatively impact user experience
Third-Party Integrations:
- Your Application may integrate with third-party services
- You are responsible for your integrations' compliance with third-party terms
- Do not facilitate violations of third-party terms through your Application
- Clearly disclose third-party integrations to your users
Marketplace Distribution:
- If we offer a marketplace for Applications or plugins, additional terms apply
- Marketplace listings must accurately describe your Application
- We may charge fees for marketplace distribution or transactions
- We may remove Applications from the marketplace at our discretion
8.10 API Changes and Versioning
API Versioning:
- We version our APIs to manage changes
- Use explicit API versions in your Applications
- Do not rely on undocumented behavior or endpoints
Deprecation Policy:
- We may deprecate API versions, endpoints, or features
- We will provide reasonable advance notice before deprecating functionality
- Deprecated features may continue to work during a sunset period
- After the sunset period, deprecated features may stop working without further notice
Breaking Changes:
- We try to avoid breaking changes but they may be necessary
- Breaking changes will be communicated with appropriate notice
- Security-related changes may occur with shorter notice
- Monitor our Developer Blog and changelog for updates
Migration Support:
- We provide migration guides when making significant changes
- We may offer migration tools or assistance for major version changes
- You are responsible for updating your Application to new API versions
8.11 Support and SLAs
Developer Support:
- Basic developer support is available through our Developer Portal and documentation
- Response times and support levels depend on your developer tier
- Premium support may be available through paid plans or enterprise agreements
Service Levels:
- Standard API access is provided without service level commitments
- Enterprise customers may negotiate SLAs for API availability and performance
- We target high availability but do not guarantee uptime for standard API access
Scheduled Maintenance:
- We may perform scheduled maintenance that temporarily affects API availability
- We will provide advance notice of scheduled maintenance where possible
- Subscribe to our status page for maintenance notifications
Incident Communication:
- We communicate API incidents through our status page
- Sign up for status notifications to stay informed
- We provide post-incident reports for significant outages
8.12 Fees and Payments
Free Tier:
- We offer a free tier of API access with limited usage
- Free tier limits are specified in our API Documentation
- Free tier is intended for development, testing, and small-scale use
Paid Plans:
- Higher usage levels require paid developer plans
- Plan pricing and features are available on our Developer Portal
- Paid plans may offer higher rate limits, additional features, and premium support
Usage-Based Pricing:
- Some API usage may be billed based on actual consumption
- Usage rates are specified in our pricing documentation
- Monitor your usage to avoid unexpected charges
- We will notify you if you approach usage thresholds
Payment Terms:
- Payment terms for developer plans are as specified at sign-up
- Failure to pay may result in API access suspension
- We may change pricing with appropriate notice
8.13 Termination of API Access
Termination by You:
- You may stop using the API at any time
- Delete your API Keys and access credentials
- Ensure your Application gracefully handles loss of API access
- You remain responsible for any fees incurred before termination
Termination by Us:
- We may suspend or terminate your API access at any time for:
- Violation of this Addendum or Platform Terms
- Abusive or harmful use of the API
- Non-payment of applicable fees
- Extended periods of inactivity
- Legal or regulatory requirements
- Business reasons with appropriate notice
Effect of Termination:
- Upon termination, you must immediately stop using the API
- Delete all API data that you are not legally required to retain
- Your Application must continue to function reasonably without API access or clearly indicate the loss of functionality
- We are not liable for any impact termination has on your Application or business
Survival:
- Provisions regarding data handling, indemnification, and limitation of liability survive termination
- Any accrued rights or obligations survive termination
8.14 Open Source and Sample Code
Sample Code:
- We may provide sample code to help you integrate with the API
- Sample code is provided "as is" without warranty
- Sample code is for illustration purposes and may not be production-ready
- You may use and modify sample code according to its license terms
Open Source Components:
- The API and SDKs may include open source components
- Open source components are subject to their respective licenses
- License information is provided in our documentation or SDK packages
- Your use of open source components must comply with their licenses
Contributing:
- We may accept contributions to open source projects
- Contributions are subject to our contribution guidelines and license agreements
- By contributing, you grant us rights to use your contributions
8.15 Beta and Experimental APIs
Beta Access:
- We may offer beta or experimental APIs for testing new features
- Beta APIs are provided "as is" and may be unstable
- Beta APIs may change or be discontinued without notice
- Do not use beta APIs in production without accepting these risks
Feedback:
- We welcome feedback on beta APIs
- Feedback may be used to improve the APIs without compensation to you
- Beta access may be conditioned on providing feedback
Graduation:
- Beta APIs that graduate to general availability will follow normal API policies
- There may be changes between beta and GA versions
- Migration guides will be provided for significant changes
8.16 Feature-Specific Limitations
Service Availability:
- API availability may vary by region
- Some API features may not be available in all regions
- We may restrict API access based on legal or regulatory requirements
Technical Limitations:
- The API has inherent technical limitations
- Response times, payload sizes, and other parameters are documented
- Design your Application to handle API limitations gracefully
No Guarantees:
- We do not guarantee that the API will meet your specific requirements
- We do not guarantee error-free operation
- You are responsible for testing and validating API integration
Changes to This Addendum:
- We may update this Addendum from time to time
- Continued use of the API after changes constitutes acceptance
- Material changes will be communicated through the Developer Portal
Addendum 9: AI & Algorithmic Systems
Effective Date: [DATE]
This Addendum applies when you interact with AI Features, receive Algorithmic Recommendations, or are subject to decisions made by Automated Systems on the Platform. It supplements the core AI provisions in Section 8.4 and should be read together with them.
9.1 Scope and Definitions
This Addendum governs your use of and interaction with the Platform's AI and algorithmic features, including:
| Term | Definition |
|---|---|
| "Generative AI Tools" | AI Features that create new Content based on User input, including text generation, image generation, audio generation, code generation, and content editing or enhancement tools. |
| "AI Input" | Any text, images, prompts, instructions, data, or other materials you provide to AI Features. |
| "AI Output" | Any Content, suggestions, responses, or other materials generated by AI Features in response to AI Input. |
| "Recommendation System" | Automated Systems that select, rank, or prioritize Content, accounts, products, or other items for display to Users. |
| "Automated Moderation" | Automated Systems used to detect, flag, restrict, or remove Content or accounts that may violate these Terms or Community Guidelines. |
| "Profiling" | Any automated processing of personal data that evaluates personal aspects relating to a User, including analyzing or predicting interests, behavior, or preferences. |
All defined terms from Section 2 of the Core Terms apply to this Addendum.
9.2 AI Features Provided
The Platform may offer AI Features in the following categories. Not all features may be available at all times or in all regions:
User-Facing AI Tools:
- AI-powered content creation and editing assistants
- Chatbots and interactive AI assistants
- AI-generated suggestions, summaries, or translations
- AI-enhanced search and discovery
- AI-powered accessibility features (auto-captioning, alt text, audio descriptions)
Platform AI Systems:
- Content recommendation and personalization algorithms
- Automated content moderation and policy enforcement
- Spam, fraud, and abuse detection
- Account risk assessment and safety systems
- Content categorization and organization
We may add, modify, or remove AI Features at any time. Where a new AI Feature involves materially different data practices or user interactions, we will update this Addendum or provide notice as described in Section 1.4 of the Core Terms.
9.3 Your Use of AI Features
Permitted Uses: You may use AI Features for lawful purposes consistent with these Terms. This includes using Generative AI Tools to assist with creating Content, exploring ideas, and enhancing your experience on the Platform.
Prohibited Uses of AI Features: In addition to the general prohibitions in Section 4, you must not use AI Features to:
- Generate Content that violates these Terms or Community Guidelines, including hateful, harassing, sexually exploitative, or violent Content
- Create deceptive synthetic media (deepfakes) of real individuals without their consent
- Generate Content that impersonates another person or entity
- Attempt to extract, reconstruct, or reverse-engineer the underlying AI models, training data, or algorithms
- Circumvent safety filters, content restrictions, or other safeguards built into AI Features
- Systematically generate Content at scale for the purpose of spamming, manipulation, or search engine optimization
- Generate Content for use in making decisions with legal or similarly significant effects on individuals (such as employment, credit, insurance, or housing decisions)
- Use AI Features to generate material that infringes third-party intellectual property rights
- Feed AI Outputs back into AI Features in automated loops without human oversight
Your Responsibilities:
- You must review AI Outputs before publishing, sharing, or relying on them
- You are responsible for the accuracy and legality of Content you publish, even if AI-assisted
- You must comply with applicable disclosure requirements for AI-Generated Content (see Section 9.4)
- You must not represent AI-Generated Content as being entirely human-created where doing so would be deceptive
9.4 AI-Generated Content: Ownership, Labeling, and Disclosure
Ownership:
- Your AI Inputs remain your Content, subject to Section 6 of the Core Terms
- AI Outputs generated using your AI Inputs are treated as your User Content for purposes of these Terms, including the license grants in Section 6.2 and 6.3
- You are responsible for ensuring that AI Outputs you publish or share comply with all applicable terms and laws
- The Company does not claim ownership of AI Outputs generated at your direction
Labeling and Disclosure:
- Where the Platform provides tools for labeling Content as AI-generated, you must use them accurately
- You must not remove, alter, or obscure AI-generated labels or metadata applied by the Platform
- You must disclose the use of AI Features when creating or substantially modifying Content, where such disclosure is required by Platform policies, Community Guidelines, or applicable law
- Certain types of AI-Generated Content (such as synthetic media depicting real people) may require additional disclosures as specified in the Community Guidelines
Platform Labeling:
- We may automatically label or watermark Content that our systems detect as AI-generated
- We may add metadata or identifiers to AI Outputs to indicate their origin
- These labels and identifiers are part of the Content and must not be removed or altered
9.5 User Content and AI Training
We do not use your User Content to train AI models. Specifically:
- Your User Content (including messages, posts, photos, videos, and other materials you upload) is not used to train, fine-tune, or improve our AI or machine learning models or those of any third party
- Your AI Inputs and the corresponding AI Outputs are not used to train generative AI models
- This prohibition applies to both our own models and those of third-party AI providers we work with
What we may use:
- Aggregated, anonymized usage statistics (such as how frequently AI Features are used) to improve our services
- Your feedback on AI Outputs (such as thumbs up/down ratings), if you voluntarily provide it, to improve AI Feature quality — this feedback does not include the underlying Content
- Information necessary to detect and prevent abuse of AI Features
9.6 Algorithmic Recommendations and Personalization
How Recommendations Work:
- Recommendation Systems use signals such as your interactions, stated preferences, account settings, and general trends to suggest Content you may find relevant
- You can influence what is recommended to you through your account settings and explicit preference controls
- Recommendations are not endorsements by the Company
Transparency:
- We will provide meaningful information about the main parameters used in our Recommendation Systems
- Where required by applicable law (including the EU Digital Services Act), we will provide additional information about recommendation logic
- You may request additional information about how specific algorithmic decisions affect your account
Your Controls:
- You may adjust or disable certain personalization features through your account settings
- You may request a non-personalized or chronological feed where such options are available
- You may reset your recommendation profile at any time
9.7 Automated Decisions and Human Review
Types of Automated Decisions: Automated Systems may make decisions that affect your experience, including:
- Content visibility and distribution decisions
- Content removal or restriction for policy violations
- Account warnings, restrictions, or suspensions
- Age-gating or geographic restriction of Content
- Spam or fraud classification
Right to Human Review:
- For automated decisions that significantly affect your account or Content, you may request human review through our appeals process (see our Community Guidelines)
- We will inform you when a significant action is taken against your account or Content as a result of an automated decision
- Human reviewers will consider the context that automated systems may have missed
Limitations:
- Certain time-sensitive automated actions (such as blocking imminent safety threats) may be executed before human review is available
- The volume of content on the Platform means that not all Content can be individually reviewed by humans
- Human review does not guarantee reversal of an automated decision
9.8 Third-Party AI Providers
We may use third-party AI service providers to power some AI Features. When we do:
- We require third-party providers to comply with our data protection standards
- Third-party providers are contractually prohibited from using your data for their own training purposes
- We remain responsible for how AI Features operate on our Platform, regardless of the underlying provider
- We may change third-party providers without notice, provided this does not materially change the AI Feature's functionality or data practices
For details on which third parties receive your data, see our Privacy Policy.
9.9 Feature-Specific Limitations
Availability:
- AI Features may not be available in all regions due to local regulations or licensing restrictions
- Some AI Features may be available only to certain account types or subscription tiers
- We may limit or throttle AI Feature usage to maintain service quality
Quality and Performance:
- AI Outputs may vary in quality, accuracy, and relevance
- AI Features depend on the quality and clarity of AI Inputs — vague or ambiguous inputs may produce poor results
- Processing times for AI Features may vary based on system load and complexity of requests
- AI Features may have usage limits (such as daily generation quotas) that vary by account type
No Liability for AI Outputs:
- To the fullest extent permitted by applicable law, we are not liable for any damages arising from your reliance on AI Outputs
- The disclaimers in Section 9 (Disclaimers & Limitation of Liability) of the Core Terms apply fully to AI Features and AI Outputs
Changes to This Addendum:
- We may update this Addendum from time to time to reflect changes in our AI Features, legal requirements, or industry practices
- Continued use of AI Features after changes constitutes acceptance
- Material changes will be communicated as described in Section 1.4 of the Core Terms
Part 3: Regional Supplements
The following supplements contain additional terms that apply to Users in specific regions or jurisdictions. These supplements modify or add to the main Terms of Service and other sections above. If you are located in one of these regions, the applicable supplement(s) apply to you in addition to the rest of these Terms.
Supplement 1: European Union / European Economic Area / United Kingdom
Effective Date: [DATE]
This supplement applies to Users located in the European Union (EU), European Economic Area (EEA), or United Kingdom (UK). If you are located in one of these regions, this supplement applies to you.
1.1 Applicability
Who This Applies To:
- Users physically located in the EU, EEA, or UK
- Users who created their account while in the EU, EEA, or UK
- Users whose primary residence is in the EU, EEA, or UK
Relationship to Main Terms:
- This supplement modifies the main Terms of Service for Users in these regions
- Where this supplement conflicts with the main Terms, this supplement controls for applicable Users
- Provisions not addressed in this supplement remain in full effect
1.2 Consumer Rights
Consumer Status:
- If you are using the Platform for purposes outside your trade, business, craft, or profession, you are a "consumer" under EU/UK law
- Consumers have additional rights that cannot be waived by contract
- Nothing in these Terms affects your statutory consumer rights
Statutory Rights:
- You have statutory rights under consumer protection laws in your country of residence
- These Terms do not limit or exclude any rights you have under mandatory consumer protection laws
- If any provision of these Terms is inconsistent with mandatory consumer protection laws, the law prevails
1.3 Right of Withdrawal
14-Day Withdrawal Right: If you purchase Premium Services or other digital content, you have the right to withdraw from your purchase within 14 days without giving any reason.
Withdrawal Period:
- The withdrawal period expires 14 days from the day of the conclusion of the contract (i.e., the day you completed your purchase)
- To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., email or letter)
How to Withdraw:
- Contact us at privacy@boba.town
- Or use the model withdrawal form available at https://boba.town/privacy-request
- Or submit a withdrawal request through your Account Settings
Effects of Withdrawal:
- If you withdraw, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we receive your withdrawal notification
- Reimbursement will be made using the same payment method you used for the initial transaction, unless you expressly agree otherwise
- You will not incur any fees as a result of the reimbursement
Exception - Digital Content:
- If you requested that performance begin during the withdrawal period (i.e., you began using digital content or services), you acknowledge that you lose your right of withdrawal once the digital content or service has been fully provided
- You may be required to pay for the service provided up to the point of withdrawal, proportionate to the full coverage of the contract
- When you purchase digital content, you may be asked to expressly consent to immediate performance and acknowledge the loss of withdrawal rights
Exception - Services:
- If you requested that services begin during the withdrawal period and the services have been fully performed, you lose your right of withdrawal
- If services have been partially performed, you may be charged proportionately for what was provided
1.4 GDPR Rights
Your Rights Under GDPR: In addition to the rights described in our Privacy Policy, Users in the EU/EEA/UK have the following rights under the General Data Protection Regulation (GDPR) and UK GDPR:
- Right of Access: You have the right to obtain confirmation of whether we process your personal data and to access that data
- Right to Rectification: You have the right to correct inaccurate personal data and complete incomplete data
- Right to Erasure: You have the right to request deletion of your personal data in certain circumstances
- Right to Restriction: You have the right to restrict processing in certain circumstances
- Right to Data Portability: You have the right to receive your personal data in a structured, commonly used format
- Right to Object: You have the right to object to processing based on legitimate interests or for direct marketing
- Rights Related to Automated Decision-Making: You have rights regarding automated decisions that produce legal or similarly significant effects
Exercising Your Rights:
- Submit requests through your Account Settings
- Or contact our Data Protection Officer at dpo@boba.town
- We will respond within one month (extendable by two months for complex requests)
- These rights are subject to limitations under applicable law
Legal Basis for Processing: We process your personal data based on the following legal bases:
- Contract: Processing necessary to perform our contract with you
- Legitimate Interests: Processing necessary for our legitimate business interests (unless overridden by your rights)
- Consent: Processing based on your consent (which you may withdraw at any time)
- Legal Obligation: Processing necessary to comply with legal requirements
See our Privacy Policy for detailed information about our data processing activities.
1.5 Data Protection Officer
Contact Information: Our Data Protection Officer can be contacted at:
- Email: dpo@boba.town
- Address: 1312 17th Street Unit #2635, Denver, CO 80202
When to Contact: Contact our DPO for questions about:
- How we process your personal data
- Exercising your data protection rights
- Concerns about our data protection practices
1.6 Supervisory Authorities
Right to Complain: You have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal data violates applicable law.
Lead Supervisory Authority: Our lead supervisory authority in the EU is: [NAME OF AUTHORITY] [ADDRESS] [WEBSITE]
Your Local Authority: You may also contact the supervisory authority in your country of residence. A list of EU supervisory authorities is available at: https://edpb.europa.eu/about-edpb/about-edpb/members_en
UK Information Commissioner: For Users in the UK: Information Commissioner's Office (ICO) Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF https://ico.org.uk/
1.7 Consumer Dispute Resolution
Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform for consumers in the EU. You can access it at: https://ec.europa.eu/consumers/odr/
Alternative Dispute Resolution:
- We are [willing / not obligated] to participate in alternative dispute resolution procedures before a consumer arbitration board
- [If willing: The competent consumer arbitration board is: [NAME AND CONTACT]]
Court Jurisdiction:
- If you are a consumer, you may bring legal proceedings in the courts of your country of residence
- We may only bring proceedings against you in the courts of your country of residence
- This does not affect mandatory jurisdiction rules under EU law
1.8 Digital Services Act Compliance
Illegal Content Reporting: In compliance with the Digital Services Act (DSA), we provide mechanisms to report illegal content:
- Use the report function on any content
- Submit reports to reports@boba.town
- We process reports and take action as required by the DSA
Transparency: We publish information about our content moderation practices, including:
- The number of reports received and actions taken
- Information about automated content moderation tools
- Annual transparency reports as required by the DSA
Trusted Flaggers: Reports from entities designated as trusted flaggers under the DSA are prioritized in our review process.
Statement of Reasons: When we remove content or restrict accounts, we provide a statement of reasons explaining our decision, as required by the DSA.
1.9 UK-Specific Provisions
Post-Brexit Application:
- The UK has left the EU but maintains similar data protection laws (UK GDPR)
- References to GDPR in this supplement include UK GDPR for UK Users
- Consumer rights under UK law apply to UK Users
UK Representative: Our UK representative for data protection purposes is: [UK REPRESENTATIVE NAME] [UK REPRESENTATIVE ADDRESS] [UK REPRESENTATIVE EMAIL]
UK Consumer Rights: UK consumers have rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, including:
- Right to a refund within 14 days for digital content that is faulty
- Right to withdraw from distance contracts within 14 days
- Remedies for digital content that is not as described or of satisfactory quality
Supplement 2: California
Effective Date: [DATE]
This supplement applies to Users who are California residents. If you are a California resident, this supplement applies to you.
2.1 Applicability
Who This Applies To:
- Natural persons who reside in California
- For purposes of the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), "resident" includes individuals who are in California for other than a temporary or transitory purpose, or who are domiciled in California but temporarily outside the state
2.2 CCPA/CPRA Rights
Your Rights Under California Law: California residents have the following rights under the CCPA and CPRA:
Right to Know:
- You have the right to know what personal information we collect, use, disclose, and sell
- You may request that we disclose: categories of personal information collected, sources, purposes, categories of third parties with whom we share, and specific pieces of personal information collected about you
Right to Delete:
- You have the right to request deletion of personal information we have collected from you
- Subject to certain exceptions (legal obligations, completing transactions, security, etc.)
Right to Correct:
- You have the right to request correction of inaccurate personal information
Right to Opt-Out of Sale/Sharing:
- You have the right to opt out of the "sale" or "sharing" of your personal information
- "Sale" under CCPA/CPRA includes disclosure for valuable consideration
- "Sharing" includes disclosure for cross-context behavioral advertising
- [We do / do not] sell personal information as defined by CCPA/CPRA
- [We do / do not] share personal information for cross-context behavioral advertising
Right to Limit Use of Sensitive Personal Information:
- You have the right to limit our use of sensitive personal information to purposes necessary to provide the services
- Sensitive personal information includes: government IDs, financial account information, precise geolocation, race/ethnicity, religious beliefs, health information, sex life/orientation, and contents of communications
Right to Non-Discrimination:
- We will not discriminate against you for exercising your CCPA/CPRA rights
- We will not deny you services, charge different prices, provide different quality, or suggest you will receive different treatment
2.3 Exercising Your Rights
How to Submit Requests:
- Online: https://boba.town/privacy-request
- Email: privacy@boba.town
- Phone: [PHONE NUMBER — to be determined]
Verification:
- We must verify your identity before fulfilling requests
- Verification may require you to provide information matching what we have on file
- We cannot fulfill requests if we cannot verify your identity
Authorized Agents:
- You may designate an authorized agent to make requests on your behalf
- Authorized agents must provide proof of authorization
- We may still require verification directly from you
Response Time:
- We will respond to verifiable requests within 45 days
- We may extend this period by an additional 45 days if reasonably necessary (with notice)
- If we cannot fulfill a request, we will explain why
2.4 Categories of Personal Information
Categories We Collect: We may collect the following categories of personal information (as defined by CCPA/CPRA):
- Identifiers (name, email, username, IP address, device identifiers)
- Personal information under California Civil Code Section 1798.80 (name, address, phone number)
- Protected classification characteristics (age, gender)
- Commercial information (transaction history, purchase records)
- Internet or network activity (browsing history, interactions with Platform)
- Geolocation data
- Audio, electronic, visual information (profile photos, videos, voice recordings)
- Professional or employment information (if provided)
- Inferences drawn from the above
Sources:
- Directly from you
- Automatically when you use the Platform
- From third parties (social media, payment processors, analytics providers)
Purposes:
- Providing and improving our services
- Personalizing your experience
- Processing transactions
- Communicating with you
- Marketing and advertising
- Safety and security
- Legal compliance
See our Privacy Policy for detailed information.
2.5 Disclosure and Sale of Personal Information
Disclosure for Business Purposes: We may disclose personal information to service providers and contractors for business purposes, including:
- Cloud hosting and infrastructure
- Payment processing
- Customer support
- Analytics and advertising
- Security and fraud prevention
Sale/Sharing:
- [We do not sell personal information for monetary consideration]
- [We may share personal information with advertising partners for targeted advertising, which may constitute "sharing" under CPRA. You may opt out using the link below.]
- To opt out: https://boba.town/privacy-request or enable Global Privacy Control (GPC) in your browser
2.6 Financial Incentive Programs
Loyalty and Rewards Programs: If we offer financial incentive programs (such as rewards for providing information), we will:
- Provide notice of the program terms
- Obtain your opt-in consent
- Allow you to opt out at any time
- Not discriminate based on your choice
Valuation: Financial incentives are reasonably related to the value of the data to our business, based on factors including the expense of collecting and processing the data and the revenue generated from the data.
2.7 California Shine the Light
Your Rights: Under California Civil Code Section 1798.83 ("Shine the Light"), California residents may request information about our disclosure of personal information to third parties for their direct marketing purposes.
How to Request: Send a request to privacy@boba.town with "California Shine the Light Request" in the subject line.
2.8 California Minor Rights
Minors Under 16:
- We do not knowingly sell or share personal information of consumers under 16 years of age
- If we have actual knowledge that a consumer is under 16, we will not sell or share their personal information without affirmative authorization
Removal of Minor Content:
- California residents under 18 may request removal of content they have posted
- Submit requests to privacy@boba.town
- Note that removal may not ensure complete erasure (e.g., if content was shared by others)
2.9 California Age-Appropriate Design Code Act (CAADCA)
Applicability: If you are a California resident under 18 years of age, or if our services are likely to be accessed by users under 18, the following provisions apply in addition to the general minors protections in Section 1.3 of the Core Terms and Section 2.8 above.
Your Protections Under CAADCA:
- Your privacy and safety settings are set to the most protective levels by default
- We do not profile you by default or use your data in ways that are detrimental to your physical or mental health or well-being
- We do not use design techniques that encourage you to provide unnecessary personal information or make choices that weaken your privacy
- We provide clear, age-appropriate explanations of how our services use your data
- We do not collect your precise geolocation unless it is strictly necessary for the service you are using, and we provide a clear signal when it is being collected
Your Rights:
- You may request that we stop collecting or using your data beyond what is necessary to provide the service you requested
- You may request information about how a specific feature processes your data
- All rights described in Section 2.2 of this supplement (CCPA/CPRA rights) also apply
For detailed information about our CAADCA-related data practices, see our Privacy Policy, Supplement 2, Section 2.13.
Supplement 3: Other Regions
Effective Date: [DATE]
The following provisions apply to Users in the specified regions.
3.1 Brazil (LGPD)
Applicability: This section applies to Users located in Brazil.
Your Rights Under LGPD: Under Brazil's Lei Geral de Proteção de Dados (LGPD), you have the following rights:
- Confirmation of the existence of processing
- Access to your data
- Correction of incomplete, inaccurate, or outdated data
- Anonymization, blocking, or deletion of unnecessary or excessive data
- Portability of your data
- Deletion of data processed with your consent
- Information about public and private entities with which we shared data
- Information about the possibility of not providing consent and the consequences
- Revocation of consent
Data Protection Officer: Our Data Protection Officer for Brazil can be contacted at: dpo@boba.town
Legal Basis: We process data based on: consent, legitimate interests, contract performance, legal obligations, and other bases permitted under LGPD.
3.2 Canada (PIPEDA and Provincial Laws)
Applicability: This section applies to Users located in Canada.
Your Rights: Under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws, you have the right to:
- Access your personal information
- Challenge the accuracy and completeness of your information
- Withdraw consent (subject to legal restrictions)
Consent: We obtain meaningful consent for the collection, use, and disclosure of personal information. You may withdraw consent at any time, subject to legal or contractual restrictions.
Contact: For privacy inquiries in Canada, contact: privacy@boba.town
Privacy Commissioner: You may complain to the Office of the Privacy Commissioner of Canada: https://www.priv.gc.ca/
3.3 Australia
Applicability: This section applies to Users located in Australia.
Australian Consumer Law:
- Goods and services come with guarantees that cannot be excluded under Australian Consumer Law
- Nothing in these Terms purports to modify or exclude those guarantees
- You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage
Privacy Act: Under the Privacy Act 1988 and Australian Privacy Principles, you have the right to:
- Access your personal information
- Request correction of inaccurate information
- Complain about privacy breaches
Contact: For privacy inquiries in Australia, contact: privacy@boba.town
OAIC: You may complain to the Office of the Australian Information Commissioner: https://www.oaic.gov.au/
3.4 Japan
Applicability: This section applies to Users located in Japan.
Act on Protection of Personal Information (APPI): Under APPI, you have rights including:
- Disclosure of your personal information
- Correction of inaccurate information
- Suspension of use or deletion in certain circumstances
- Suspension of third-party provision
Cross-Border Transfers: We may transfer your personal information to countries outside Japan. We ensure appropriate protections for such transfers as required by APPI.
Contact: For inquiries in Japan: privacy@boba.town
3.5 South Korea
Applicability: This section applies to Users located in South Korea.
Personal Information Protection Act (PIPA): Under PIPA, you have the following rights:
- Access to your personal information
- Correction or deletion of your information
- Suspension of processing
- Withdrawal of consent
Age Restrictions: Users in South Korea must be at least 14 years old to use the Platform. Users under 14 require parental consent.
Data Processing: We comply with PIPA requirements regarding collection, use, provision to third parties, and overseas transfer of personal information.
Contact: For inquiries in South Korea: privacy@boba.town
3.6 India (DPDPA)
Applicability: This section applies to Users located in India.
Digital Personal Data Protection Act (DPDPA): Under India's Digital Personal Data Protection Act, 2023, you have the following rights:
- Confirmation of whether your personal data is being processed
- Access to a summary of your personal data and processing activities
- Correction and completion of inaccurate or incomplete personal data
- Erasure of personal data that is no longer necessary for the purpose for which it was collected
- Grievance redressal through our designated Grievance Officer
- Nomination of another individual to exercise your rights in the event of your death or incapacity
Consent: We process your personal data based on consent given freely, with specificity, and in an informed and unconditional manner. You may withdraw consent at any time; withdrawal does not affect the lawfulness of processing prior to withdrawal, but may limit your ability to use some or all Platform features.
Children: Users in India under the age of 18 require verifiable parental or guardian consent before using the Platform. We do not engage in tracking, behavioral monitoring, or targeted advertising directed at children.
Grievance Officer: Our Grievance Officer for India can be contacted at: privacy@boba.town
Data Protection Board: You may file complaints with the Data Protection Board of India once operational.
3.7 Other Jurisdictions
General Statement: If you are located in a jurisdiction not specifically addressed above, your rights under local law still apply to the extent they cannot be waived by contract.
Requesting Information: If you believe you have rights under your local law that are not addressed in these Terms, please contact us at legal@boba.town to discuss how we can accommodate your rights.
Future Supplements: We may add regional supplements as we expand to new markets or as new privacy and consumer protection laws take effect. Check this section periodically for updates.
END OF TERMS OF SERVICE
These Terms of Service were last updated on [DATE] and are effective as of [DATE].
Version 2.0.0