Bendr Social Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and the Bendr Social co-founders, the developers of the Bendr Social mobile app ("Bendr Social," "we," "us," "our"). They govern your access to and use of the app and any related services.

How you accept. You accept these Terms by ticking the box presented when you create your Bendr Social account, and by using the app. The app records the date and time of your acceptance and which version of these Terms you accepted. If we materially change these Terms, you will be asked to accept the new version before you can continue using the app (Section 18).

If you do not agree to these Terms, do not create an account and do not use Bendr Social. You can decline at the acceptance screen and sign out.

Our Privacy Policy explains how we handle your information. It is incorporated into and forms part of these Terms.

Bendr Social is intended only for people 18 years of age or older. By creating an account you represent and warrant that:

• you are at least 18 years old;
• you have the legal capacity to enter into a binding contract;
• you are not barred from using the app under the laws of your jurisdiction; and
• your account has not previously been suspended or terminated by us.

We ask for your date of birth when you create an account and store it solely to operate this age requirement. If we learn that an account belongs to someone under 18, we will terminate it.

Bendr Social does not restrict routes to venues that serve alcohol, and a route may be anything you like. Where you do drink, you are responsible for doing so lawfully and responsibly, and for meeting the legal drinking age where you are.

Bendr Social is a social night-out planner. A group of friends plans a route of stops and runs it together in real time, with a shared map, check-ins, photos, messages and an end-of-night recap.

Bendr Social is a planning and coordination tool only. We do not organise, host, promote, sponsor, endorse, staff, inspect, license, or supervise any event, route, stop, venue, or activity. We do not sell alcohol or any other goods or services, we are not affiliated with any venue, and we receive nothing from any venue. A venue appearing in search results, on a map, or on someone's route is not a recommendation, an endorsement, or a statement that it is open, safe, lawful, or suitable for you.

Routes are created by users, for their own groups. We do not review them.

You sign in with Sign in with Apple or Google Sign-In, and choose a username and an avatar. We also ask for your name, which is shown under your @handle so people can tell who they are adding.

• You are responsible for all activity that happens under your account.
• Keep your account and the sign-in method behind it secure, and tell us promptly at contact@bendrsocial.com if you believe someone else is using it.
• One account per person. Do not share your account, sell it, or transfer it.
• Do not impersonate anyone, or misrepresent who you are or your affiliation with any person, venue, or organisation.
• Provide accurate information, including your name and date of birth, and keep it accurate.

We may reclaim or change a username that impersonates someone, infringes a trademark, or violates these Terms.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the Bendr Social app on Apple-branded devices that you own or control, for your own personal, non-commercial use, as permitted by the App Store Usage Rules in Apple's Media Services Terms and Conditions.

You may not, and may not allow anyone else to:

• copy, modify, translate, or create derivative works of the app;
• reverse engineer, decompile, or disassemble the app, or attempt to derive its source code, except to the extent applicable law expressly permits despite this restriction;
• rent, lease, lend, sell, sublicense, or redistribute the app;
• remove or obscure any proprietary notice;
• access the app or its data by automated means — scraping, crawling, bots, or bulk collection of any kind;
• circumvent, disable, or interfere with security features, rate limits, or access controls, or probe or test the vulnerability of our systems;
• interfere with or place unreasonable load on the app or its infrastructure; or
• use the app, or any data taken from it, to build or train a competing product or service.

6.1 You keep what you make

You keep ownership of the content you create in Bendr Social — route and stop names, photos, messages, ratings, and anything else you post ("your content").

6.2 The licence you give us

By posting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, back up, reproduce, resize, reformat, transmit, and display your content solely in order to operate and provide the app to you and to the people you have shared it with. The sublicence exists so we can use ordinary infrastructure providers (for example cloud hosting and storage); it is not permission to license your content onward for anything else.

We will not use your content in advertising or marketing without asking you first.

6.3 How long it lasts

The licence ends when you delete the content or your account, except that we may retain copies in routine backups for a limited period, and we cannot recall copies that other people already saved or shared. Content you posted into a shared Bendr may remain visible to the other members of that Bendr.

6.4 What you promise about it

You represent and warrant that you own or have the necessary rights to your content, and that it does not violate these Terms, any law, or anyone else's rights. If your content includes other people — photographs especially — you are responsible for having their agreement to take and post it.

6.5 Feedback

If you send us suggestions or feedback about the app, we may use them freely, without obligation or compensation to you.

You agree not to use Bendr Social to:

• post content that is illegal, hateful, harassing, threatening, defamatory, sexually explicit, or that depicts, sexualises, or endangers minors;
• harass, stalk, follow, surveil, threaten, intimidate, or harm another person;
• use location information shown in the app to track or find someone who has not agreed to it, or to do anything the person sharing it would not reasonably expect;
• impersonate anyone, or misrepresent your identity, age, or affiliation;
• share another person's private information — address, phone number, workplace, location, images — without their consent;
• circumvent a block, or create a new account to contact someone who has blocked you or to evade a suspension;
• submit false or bad-faith reports;
• post spam, chain messages, promotions, or solicitations, or use the app for commercial purposes;
• scrape, bulk-collect, reverse engineer, disrupt, overload, or gain unauthorised access to the app, its systems, or anyone else's account;
• upload malware or anything designed to damage or interfere with software or hardware; or
• use the app for any unlawful purpose, or in violation of these Terms.

We have zero tolerance for objectionable content and abusive behaviour.

You can report content or a user, and block another user, at any time from within the app. Reports go to us for review. We aim to review reports of objectionable content and act on them within 24 hours — removing the content, and suspending or terminating the account responsible where warranted.

We may remove content, limit visibility, or suspend or terminate an account that violates these Terms, or where we reasonably believe doing so is necessary to protect users or the app. We may do so with or without prior notice. Where it is practical and lawful to do so, we will tell you what happened and why.

We do not pre-screen or monitor content, and we are not obliged to. Enforcement decisions are ours to make, and taking action in one case does not oblige us to act in another. If you believe we got a decision wrong, write to contact@bendrsocial.com.

Location is the most sensitive thing this app handles, and these rules are part of the agreement, not just a description:

• Your location is shared only during a live Bendr, and only with the other members of that Bendr. It is never shared outside one.
• Sharing begins when the Bendr goes live and stops automatically when it ends.
• While a Bendr is live, sharing follows you, not the route. Your location is shared wherever you are — including places that are not on the route, and after you leave the group — until the Bendr ends or you turn sharing off. Leaving the group does not end the Bendr. If you head off early, turn sharing off before you go.
• You can turn sharing off at any time, and stay in the Bendr. That choice sticks until you change it.
• The map is reciprocal. You can see other members' live positions only while you are sharing your own. If you turn sharing off, you also stop seeing them. Everything else — the route, stops, roster, photos, check-in — keeps working.
• Someone you have blocked cannot see your location, and you will not see theirs.
• While a Bendr is live, the app may update your location in the background so the map and check-ins keep working with your phone in your pocket. iOS shows its location indicator the whole time this runs.
• We do not sell location data, and we do not use it for advertising.

Misusing location is a serious violation. Using what the app shows you to follow, surveil, ambush, or harass anyone is grounds for immediate termination, and may be a crime.

The Privacy Policy describes what is stored, for how long, and what is deleted.

What you can see in Bendr Social about other people — their location during a live Bendr, their photos, their messages, their real name — is shared with you for that night and that group. It is not yours to republish.

Do not copy, save, re-post, or share another member's content or information outside the app without their consent, and do not collect it in bulk. Other users' content is theirs; we do not grant you any rights in it.

Bendr Social exists to help people meet up in person and move between places, usually at night. That carries real risk, and you should be clear-eyed about what we do and do not do. You acknowledge and agree that:

• we do not vet, screen, interview, or run background checks on users, and we do not confirm that anyone is who they say they are;
• we do not inspect venues, or verify that a stop is open, safe, lawful, accessible, or suitable for you;
• we do not arrange, provide, or supervise transport between stops, or home afterwards;
• map, venue, address, and location data comes from third parties and may be wrong, out of date, or imprecise;
• other users may misrepresent themselves, behave badly, or break the law, and we have no control over what they do offline;
• drinking alcohol carries risks including impaired judgment, injury, illness, and legal consequences — and you must never drive after drinking.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISK ARISING FROM YOUR USE OF BENDR SOCIAL AND FROM ANY ROUTE, STOP, VENUE, ACTIVITY, JOURNEY, OR IN-PERSON MEETING YOU CHOOSE TO TAKE PART IN, WHETHER OR NOT IT WAS PLANNED IN THE APP.

Look after yourself and your friends. Tell someone where you are going, stay with people you trust, plan how you are getting home before you go out, and leave a situation that feels wrong. Bendr Social is not an emergency service and cannot summon help. In an emergency, call your local emergency number.

Nothing in this section or in Sections 14 to 16 excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our own gross negligence, for willful misconduct, or for fraud.

Bendr Social relies on third-party services, including Apple (Sign in with Apple, MapKit and Apple Maps data), Google (Google Sign-In), and Google Firebase for authentication, database, storage, and notifications. Your use of those services is also subject to their own terms and privacy policies.

Venue names, addresses, and map data are supplied by third parties. We do not control that data and do not warrant it.

Any dealings you have with a venue, a transport provider, or any other third party — and anything you buy from them — are between you and them. We are not a party to those dealings and are not responsible for them.

The Bendr Social app, its name and logo, its design, and its software are owned by us and protected by copyright, trademark, and other laws. These Terms grant you a licence to use the app (Section 5) and nothing more. You may not use our name or logo without written permission.

Copyright complaints

If you believe content in Bendr Social infringes your copyright, send a notice to contact@bendrsocial.com including: your contact details; identification of the work you say is infringed; identification of the content in the app and enough detail for us to find it; a statement that you have a good-faith belief the use is not authorised; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for them; and your signature (electronic is fine).

We will remove or disable content in response to a valid notice, and will tell the person who posted it, who may send a counter-notice. We terminate the accounts of repeat infringers.

TO THE FULLEST EXTENT PERMITTED BY LAW, BENDR SOCIAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the app will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that location, map, or venue data will be accurate or complete; that messages, notifications, or check-ins will always be delivered; or that the app will be available in any particular place or at any particular time. Location accuracy depends on your device, your network, and conditions we do not control.

We do not warrant the conduct of any user, whether online or in person.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF — OR INABILITY TO USE — BENDR SOCIAL.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, OR HARM ARISING FROM: THE CONDUCT OF ANY USER OR THIRD PARTY, ONLINE OR IN PERSON; YOUR ATTENDANCE AT ANY STOP, VENUE, OR ACTIVITY; YOUR TRANSPORT TO, FROM, OR BETWEEN THEM; YOUR CONSUMPTION OF ALCOHOL; UNAUTHORISED ACCESS TO YOUR ACCOUNT OR DATA; OR ANY INACCURACY OR UNAVAILABILITY OF LOCATION, MAP, OR VENUE DATA.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO BENDR SOCIAL IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

These limits apply regardless of the legal theory, and even if we were advised that such damages were possible. They are a fundamental part of the bargain between us: Bendr Social is free, and we could not offer it on these terms without them.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing here limits liability that cannot be limited by law (see the last paragraph of Section 11).

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Bendr Social, its developer, and anyone acting on their behalf from any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or connected with: your use of the app; your content; your conduct during or around any Bendr, online or in person; your violation of these Terms or of any law; or your violation of anyone else's rights.

We may take over the exclusive defence of any matter subject to this section, at your expense, and you agree to cooperate with us if we do. You will not settle any such matter in a way that imposes an obligation on us without our prior written consent.

By you. You may stop using Bendr Social at any time, and delete your account from Settings in the app. Deleting your account removes your profile and the data associated with it, including your uploaded photos, as described in the Privacy Policy.

By us. We may suspend or terminate your access, or the app as a whole, if you violate these Terms, if we reasonably believe it is necessary to protect users or our systems, or if we stop offering the service. We may also discontinue features at any time.

Effect. On termination, your licence under Section 5 ends and you must stop using the app. Content you contributed to a shared Bendr may remain visible to the other members of it.

Survival. Sections 6.2 and 6.5, 10, 11, and 13 to 21 survive termination of these Terms and deletion of your account.

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page.

If the changes are material, we will ask you to accept the new version in the app before you can carry on using it. You can decline, and sign out. Non-material changes — corrections, clarifications, new contact details — take effect when posted, and continuing to use Bendr Social after that means you accept them.

Changes are not retroactive: they do not apply to a dispute that arose before they took effect.

These Terms, and any dispute arising out of or relating to them or to Bendr Social, are governed by the laws of the District of Columbia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and we agree that the state and federal courts located in the District of Columbia have exclusive jurisdiction over any such dispute, and each of us consents to personal jurisdiction and venue there. This does not prevent either of us from bringing a qualifying claim in small claims court.

If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings in your local courts or to the protection of mandatory local consumer law, this section does not take that right away.

The following apply because you obtained Bendr Social through Apple's App Store. In the event of a conflict, this section controls over the rest of these Terms for the matters it covers.

• This agreement is with us, not Apple. These Terms are between you and us only, not with Apple Inc. We, not Apple, are solely responsible for Bendr Social and its content.
• Scope. Your licence in Section 5 is limited to use on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
• Support. Apple has no obligation to provide any maintenance or support for Bendr Social. Support requests go to contact@bendrsocial.com.
• Warranty. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Product claims. We, not Apple, are responsible for addressing any claim by you or a third party relating to Bendr Social, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy, or similar law.
• Intellectual property claims. If a third party claims that Bendr Social infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about Bendr Social, and replace any earlier version.

Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary, or severed, and the rest stays in effect.

No waiver. If we do not enforce a provision, that is not a waiver of it.

Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, or by operation of law.

Notices. We may give you notice in the app, or by email to the address on your account. Notices to us go to contact@bendrsocial.com.

Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control.

No third-party beneficiaries, except Apple as described in Section 20.

Relationship. Nothing here creates a partnership, joint venture, agency, or employment relationship between us.

Headings are for convenience and do not affect interpretation.