Terms of Service

You must be at least 18 years old to use the Service.

You must provide accurate information when creating an account, keep your password secure, and not share your account. You are responsible for activity that occurs under your account. Tell us promptly at the contact address below if you believe your account has been compromised.

One person per account. You may not create accounts by automated means or impersonate another person or entity.

The Service lets you post content — posts, comments, greetings, encounters, profile information, and similar material (“Your Content”). You retain ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as formatting), display, and distribute Your Content as needed to operate, improve, and promote the Service. This license ends when Your Content is deleted from the Service, except for copies retained in routine backups for a limited period.

You are responsible for Your Content. You represent that you have the rights to post it and that it does not violate the law or these Terms.

Encounters and posts may reference other people, places, and businesses. Post honestly and from your own experience. We are not responsible for the accuracy of user content, and we may — but are not obligated to — remove content that is reported to us as false, unlawful, or in violation of these Terms.

You agree not to use the Service to:

• do anything unlawful, or encourage anything unlawful;
• harass, threaten, defame, or harm others, or post content that is hateful or abusive;
• post content you don’t have the right to post, or that infringes anyone’s intellectual property, privacy, or publicity rights;
• impersonate any person or entity, or misrepresent your affiliation with one (including claiming an entity on the Service you are not authorized to represent);
• send spam or unauthorized advertising;
• interfere with the operation of the Service, probe or test its vulnerabilities without our written consent, or access it by automated means beyond its intended interfaces;
• collect other users’ personal information without their consent.

We may remove content, restrict features, or suspend or terminate accounts that violate this section, at our sole discretion.

The Service — including its software, design, name, logos, and content we create — is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not use our name or branding without our prior written consent.

Businesses and other entities may claim a presence on the Service and post official responses. Claims are reviewed and approved at our discretion. If you respond on behalf of an entity, you represent that you are authorized to do so, and your responses must comply with these Terms.

You may stop using the Service, or request deletion of your account, at any time. We may suspend or terminate your access at any time, with or without cause or notice, including for violation of these Terms.

On termination, your right to use the Service ends and we may delete your account and associated content, subject to the Privacy Policy. Sections 2 (license, for the wind-down period), 4, 7, 8, 9, and 10 survive termination.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content (including user content) is accurate or reliable.

To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, goodwill, or business opportunity, arising from or related to the Service or these Terms; and (b) our total aggregate liability will not exceed the greater of the amounts you have paid us for the Service in the 12 months before the claim arose or US $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You will defend and indemnify us against claims, damages, and expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Service, or your violation of these Terms or the law.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing any claim, you agree to try to resolve the dispute informally by contacting us at the address below and allowing 30 days for a response. Disputes will be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to their jurisdiction.

We may update these Terms. If a change is material, we will notify you in the app or by other reasonable means and, where required, ask you to re-accept. Continued use of the Service after changes take effect constitutes acceptance.

These Terms, together with the Privacy Policy and (during the beta) the Beta Tester Agreement, are the entire agreement between you and us about the Service. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms: legal@shhout.com.