CaughtUp Terms of Services

Effective: July 3, 2023

These Terms of Use (or "Terms") govern your use of CaughtUp, except where we expressly state that separate terms (and not these) apply, and provide information about the CaughtUp Service (the "Service"), outlined below. When you create a CaughtUp account or use CaughtUp, you agree to these terms.

The CaughtUp Service

We agree to provide you with the CaughtUp Service. The Service includes all of the CaughtUp products, features, applications, services, technologies, and software that we provide to advance CaughtUp`s mission: To assist you in developing and maintaining relationships. The Service is made up of the following aspects:

  • Offering personalized opportunities to create, connect, communicate, discover and share. We also want to strengthen your relationships through shared experiences that you actually care about. Part of this is providing different ways to share events and content with others.
  • Fostering a positive, inclusive, and safe environment: We develop and use tools for our community members that help to make their experiences positive and inclusive. We also have systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Privacy Policy ( https://caughtup.app/privacy_policy ) and Community Guidelines ( https://caughtup.app/community_guidelines ).
  • Research and Development: We may use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

Who May Use the Services

Who can use CaughtUp? We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law.

  • You must be at least 13 years old.
  • If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services.
  • We may offer additional Services with additional terms that may require you to be even older to use them.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Our Privacy Policy ( https://www.caughtup.app/privacy_policy ) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by us and our affiliates.

How you can't use CaughtUp

Providing a safe and open Service requires that we all do our part.

  • You can't impersonate others or provide inaccurate information.
  • You don't have to disclose your identity on CaughtUp, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies, including the CaughtUp Community Guidelines ( https://caughtup.app/community_guidelines ).
  • You can't do anything to interfere with or impair the intended operation of the Service.
  • This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
  • You can't attempt to create accounts or access or collect information in unauthorized ways.
  • This includes creating accounts or collecting information in an automated way without our express permission.
  • You can`t sell, license, or purchase any account or data obtained from us or our Service.
  • This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials of other users; or request or collect usernames, passwords, or misappropriate access tokens.
  • You can't share someone else`s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
  • You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you share.
  • You can`t modify, translate, create derivative works of, or reverse engineer our products or their components.
  • You can't use a domain name or URL in your username without our prior written consent.

Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our CaughtUp Community Guidelines ( https://caughtup.app/community_guidelines )), or we are permitted or required to do so by law.

We can refuse to provide or stop providing all or part of the Service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our CaughtUp Community Guidelines ( https://caughtup.app/community_guidelines )), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.

We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.

If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Contact Page ( https://www.caughtup.app/contact ).

When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

  • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • where deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
    • protect the safety and security of our products, systems, and users;
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement, or a government agency;
    • in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Governing Agreement" will still apply even after your account is terminated, disabled, or deleted.

Permissions You Give to Us

As part of our agreement, you also give us permissions that we need to provide the Service.

You agree that we can download and install updates to the Service on your device.

We do not claim ownership of your content, but you grant us a license to use it.

Nothing is changing about your rights in your content. We do not claim ownership of your content that you share on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.

Permission to use your username, profile picture, and information about your relationships and actions with accounts. You give us permission to show your username, profile picture, and information about your actions (such as event attendance) or relationships (such as group members) for the intended functions of the Service.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

Disclaimers and Limitations of Liability

Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We also don`t control what people and others do or say, and we aren`t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren`t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Governing Agreement

The laws of the State of Virginia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Fairfax County, Virginia, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or CaughtUp ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other CaughtUp users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any aspect of this agreement is unenforceable, the rest will remain in effect.

Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement

Our past, present, and future affiliates and agents, including CaughtUp LLC, can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.

You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating Our Terms and Policies

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://caughtup.app/terms , will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you do not want to agree to these or any updated Terms, you can delete your account, by following the instructions, on our Questions Page ( https://www.caughtup.app/questions ).

Contact Us

CaughtUp LLC welcomes comments, questions, concerns, or suggestions. You can contact us or get support by using https://caughtup.app/contact .