Terms of Service

Last Updated: 06-13-21

Effective Date: 10-20-17

I. Introduction

II. Acceptance of the Terms

III. Modifications to these Terms

IV. Accessing the App and Account Security

V. Privacy

VI. Mobile Services and Data Charges

VII. Intellectual Property Rights

VIII. Content

IX. Interaction with Other Users

X. California Law

XI. Reliance on Information Posted

XII. Warranty Disclaimer

XIII. Limitation of Liability

XIV. Indemnity

XV. Choice of Law

XVI. Arbitration

XVII. Waiver and Severability

I. Introduction

Socialchair is a platform that efficiently facilitates hangouts amongst groups of friends. Users can post neighborhood-specific plans, allowing others to view and organize accordingly. Whether grabbing coffee or hiking, in-app chats and a constantly updated feed make organizing activities immensely easier. To provide you with this social network, we require that you understand and agree to the rules that govern our relationship with our users. We’ve developed these Terms of Use (“Terms”) to present these rules. If you have any questions about the Terms, please contact us at brandon@socialchair.co.

II. Acceptance of the Terms

These Terms are a binding contract governing the relationship between you and Socialchair (referred to collectively herein as “We,” “Us,” or “Socialchair”). Please read the Terms carefully before clicking “I accept.” Signing up for a Socialchair account and accessing Socialchair’s services means you understand, accept, and agree to be bound to the Terms. If you do not agree with these Terms, you must not access or use the services. By using the services, you represent and warrant that you can legally form a binding contract with Socialchair – meaning you are either of legal age to form a binding contract, 18 years or older, or if you are between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms.

III. Modifications to these Terms

We may change or modify these Terms at any time. We will do our best to inform you in advance of any changes to these Terms. We will notify you of any material changes by posting a notice on Socialchair. Please read and make sure you understand and agree with the new Terms before its effective date.
After the effective date, using the services in any way means you agree and are bound to the new Terms. If you do not agree with the modifications, you are free to reject them, but must not access or use the services.

IV. Accessing the App and Account Security

No one under age 13 is allowed to create an account or use Socialchair’s services. To access Socialchair’s services, you will be asked to register for an account and to provide your full name, phone number, and a profile picture. We will ask for permission to send you notifications and to access your mobile contacts. It is a condition of your use of the services that all the information you provide is complete, correct, and current. The information you provide during your registration is governed by our Privacy Policy. You agree to our use of the information consistent with our Privacy Policy. We cannot guarantee the identity of any users with whom you interact and are not responsible for which users you interact with while using the services. However, we take security seriously - account registration with Socialchair is contingent upon validating a working phone number. You must treat your registration information, including your user name and phone number, as confidential; you are solely responsible for maintaining their confidentiality. You agree that you will not provide any other person with access to Socialchair’s services using your user name and phone number. Socialchair is not liable for harm caused by theft or disclosure of your user name or phone number, or your authorization to allow any other person to access the services using your user name and phone number. You agree to notify us immediately of any unauthorized use of your account. Failure to abide by these security provisions can result in the disabling of account.

V. Privacy

Your privacy matters to us. You can learn about how we handle the information you make available on Socialchair in our Privacy Policy. By using our services, you accept and agree that Socialchair can collect and use your information consistent with the terms in the Privacy Policy.

VI. Mobile Services and Data Charges

Socialchair is offered via an application on mobile devices. Your mobile carrier’s normal messaging, data, and other rates and fees may apply when using the app. You are responsible for any rates and fees that you may incur through the use of the app.

VII. Intellectual Property Rights

Socialchair and its features and functionality are owned by Socialchair and protected by federal and international copyright, trademark, and trade secret. You are not allowed to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any of Socialchair’s branding, logos, designs, photographs, videos, software, displays, or any other materials used in our services. Your use of the services is limited to your personal, non-commercial use. If you wish to make any commercial use of the services, or material found through the use of services, please address your request to: brandon@socialchair.co.

VIII. Content

Your Content

Our services allow you to upload, send, and receive content on Socialchair (“content”). All content must comply with the standards set out in these Terms. You are responsible for all content you contribute to the services, and you represent and warrant that you have all necessary rights to use the content in the manner with which you contribute. You retain any and all ownership rights in your content. Notwithstanding, you authorize and grant us a royalty-free, irrevocable license to make and retain copies as we deem necessary for the purposes of facilitating the storage, use, and display of content, as well as for promotional marketing of Socialchair. To the extent that your content includes personally-identifiable information, the terms of our Privacy Policy will govern. By uploading and sending content, you hereby grant Socialchair’s users a non-exclusive, royalty- free, non-transferable license to access, use, reproduce, adapt, distribute, display, and perform such content for personal, non-commercial purposes. Socialchair is not responsible for any disputes with users who violate this non-commercial license. You agree to abide by authorized uses of others’ content, such that you may use, reproduce, adapt, distribute, display, and perform users’ content solely for personal, non-commercial purposes. You may remove your content from Socialchair at any time. Unless otherwise removed, conversations will remain available on the app and hangouts will be available for 12 hours or 7 days.

Content Standards and Prohibited Uses

We request that all Socialchair users act as good digital citizens at all times. You agree not to use your account in any unlawful manner or post or send content that: • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; • promotes any illegal activity; • disables, overburdens, damages, or impairs the Socialchair app; • bullies, harasses, harms, threatens, abuses, or intimidates; • defames; • discriminates based on race, sex, religion, nationality, disability, sexual orientation, or age; • falsely impersonates any other person or entity; • makes available third-party private information; • spams or solicits Socialchair users. We may access, review, screen, and delete your content at any time if we believe it violates these standards. Violation of these standards can result in the termination of your Socialchair account.

IX. Interaction with Other Users

Socialchair is not responsible in any way for interactions between you and other users, including any guarantees or representations made by other users. Socialchair is under no obligation to be involved in any dispute between users. In the event of such a dispute, you release Socialchair from claims, demands, and damages of every kind. If you are a California resident, you waive California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

X. California Law

This section only applies to users who are subject to the laws in the state of California. You agree to comply with California Education Code §66450-66352 and any associated regulations. You acknowledge and represent that you have read and understand these provisions. Violation of these provisions can result in the termination of your right to use Socialchair and may also subject you to other penalties outside of Socialchair’s control.

XI. Reliance on Information Posted

You understand that Socialchair does not control content, make any guarantees regarding the accuracy, integrity, or quality of such content, or endorse any content or opinion within. Any content is the sole responsibility of the user from whom such content originated, and you access all such content at your own risk. Users’ content may at times contain links to third party websites that are not owned, controlled, or affiliated with Socialchair in any way. Socialchair is not liable for any loss or damage associated with the use of third party websites. They are governed by their own Terms of Use and Privacy Policy, and we encourage you to carefully read their policies.

XII. Warranty Disclaimer

YOUR USE OF SOCIALCHAIR AND ITS CONTENT ARE AT YOUR OWN RISK. THE APP AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOCIALCHAIR NOR ANY PERSON ASSOCIATED WITH SOCIALCHAIR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SOCIALCHAIR APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT SOCIALCHAIR OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SOCIALCHAIR OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SOCIALCHAIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIII. Limitation of Liability

IN NO EVENT WILL SOCIALCHAIR NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE SERVICES, ANY WEBSITES LINKED TO SOCIALCHAIR, ANY CONTENT, SERVICES OR ITEMS OBTAINED ON SOCIALCHAIR OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIV. Indemnity

You agree to defend, indemnify, and hold harmless Socialchair and any of our employees, affiliates, agents, or other representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms or your use of the services.

XV. Choice of Law

You agree that you choose to access Socialchair at your own risk and on your own initiative and are responsible for compliance with all applicable local laws. These shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, and by using Socialchair, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

XVI. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SOCIALCHAIR AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SOCIALCHAIR.
All claims and disputes arising out of, relating to, or in connection with the Terms that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

XVII. Waiver and Severability

If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force. Please familiarize yourself with this policy and feel free to reach out to brandon@socialchair.co with any questions or concerns.

Last Updated: 02-26-20

Effective Date: 10-20-17