Terms of Use

1. Our Core Service

Our core Service enables people or entities to create or participate in a group dedicated to a shared interest, activity, pastime, passion, or other matter (a "Group"). People or entities who create a Group ("Hosts") do so to invite in people ("Members") to participate in the Group and to connect with each other, which may messaging and exchanging information and content through the Service, as well as using the Service to organize and communicate with respect to meetings and other activities to be conducted in person outside of the Service. Hosts will be able to tailor their Group by choosing the Members they invite and the activities they organize in their Group. We may enable Hosts to otherwise customize their Group for example by permitting the Host to add their own branding or to choose which features of the Service they enable.

2. Modifications to the Service or Terms

We may modify, terminate, or replace, in whole or in part, the Service from time to time in our sole discretion and without prior notice. We may further modify these Terms, as well as the fees and other amounts we charge for the Service, at any time and in its sole discretion. Unless otherwise specified in the updated Terms, any modifications will be effective immediately upon posting on our website or otherwise through the Service or when you click "I accept" or a similar expression of acceptance. Your continued use of the Service in any manner confirms your acceptance of these Terms and any modifications made to the Terms. IF YOU DO NOT AGREE TO ANY MODIFICATIONS MADE TO THE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. You should review these Terms and our Privacy Policy and any other policies posted by Everus frequently and ensure that you understand all terms, conditions, and policies applicable to your access to and use of the Service.

3. User Accounts and Access Credentials

In order to access and use certain portions of the Service, including any portions provided on a subscription basis such as to act as a Host of a Group or to join a Group as a Member, you will be required to establish an Everus user account ("Your Account"). You must provide true, accurate, current, and complete information as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. After completing registration for Your Account, you will be permitted to access the applicable portion(s) of the Service using an authentication method made available by us which will be linked to Your Account (that authentication method, and any other user IDs, passwords and other credentials associated with Your Account, "Your Access Credentials"). You are responsible and liable for all activities conducted through Your Account or Your Access Credentials regardless of who conducts those activities, except to the extent caused by our gross negligence or willful misconduct. You are responsible for maintaining the confidentiality of Your Access Credentials and will immediately notify us of any actual or suspected unauthorized access to or use of Your Account or any of Your Access Credentials or if Your Access Credentials are lost or stolen. You will cooperate fully with us and take all actions that we reasonably deem necessary to maintain or enhance the security of the Service or our computing systems and networks. To the maximum extent permitted under applicable law, you release Everus from any liability for any loss or damage to you arising from your failure to comply with this Section.

4. Certain Rights and Obligations of Hosts

You may establish a Group as a Host by acquiring a subscription for a Group through Your Account. Members will be required to agree to these Terms and our Privacy Policy in order to use the Service to participate in the Group. Hosts may in their discretion require Members of their Group to agree to additional terms in order to participate in the Group, or in certain events or activities conducted by the Group ("Host Terms"). The name and contact information and other personally identifiable information of Members who register to join a specific Group ("Membership Information") will become available to that Group's Host in order to facilitate their membership in the Group and communications. We may also provide Hosts with, or permit Hosts to collect, through the use of AI Tools or otherwise, certain data or insights relating to Members of their Group based on such Members use of the Service (together with Membership Information, "Membership Data"). Membership Data shared by us with Hosts will be shared on an aggregated or anonymous basis. A Host may use the Membership Data solely for purposes related to the Group or the reasonably assumed interests of the Member who has joined the Group. A Host agrees not to: (a) sell the Membership Data to a third-party, or (b) or use or disclose it for commercial purposes unrelated to the Group or the interest of Member who joined the Group. If you are a Host, in your communications with Members and handling of Membership Data, you: (i) will comply with all applicable laws and regulations; and (ii) will honor the restrictions set forth in this Section. If you are a Host with Members in a jurisdiction that requires opt-in consent before sending email, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service. You must provide a means of opting-out of any emails. As a Host of a Group, as between you and Everus you are solely responsible for, and Everus assumes no responsibility for, the Group and management of the Group, including without limitation for User Contributions or User Data you provide to the Group or that is provided by Members of the Group, establishing and administering eligibility requirements or Host Terms for the Group, communicating with Members of the Group, and events or activities conducted for or by the Group. To the maximum extent permitted under applicable law, you release Everus from any liability for any loss or damage to you arising from the Group and management of the Group, including without limitation for User Contributions or User Data you provide to the Group or that is provided by Members of the Group, establishing and administering eligibility requirements or Host terms for the Group, communicating with Members of the Group, and events or activities conducted for or by the Group, or your failure to comply with this Section.

5. Member Participation in Groups

Everus does not establish or manage any Group, they are established and managed by Hosts. Hosts may establish eligibility requirements for and limit access to their Groups or events or activities within their Groups in their discretion, such as limiting access only to invited individuals and/or to individuals who have agreed to Host Terms, and accordingly you may be restricted or prohibited from joining certain Groups or participating in certain Group events or activities. If you are eligible to participate in a Group, you may join such Group by electing to do so through Your Account. Hosts may further charge you fees for membership in their Group, or for participation in Group events or activities or for other Group matters. Hosts are further responsible for, and may place limitations on, User Contributions or User Data within their Group, and may suspend or terminate your membership in the Group in their discretion. We have no control over, and assume no responsibility for, the conduct of Hosts or of other Members. We further assume no responsibility for, nor do we endorse, screen or approve, the User Contributions or User Data that may be made available to you by or on behalf of the Host within a Group or the User Contributions or User Data of other Members that you may be exposed to by your participation in a Group. You further acknowledge that joining a Group may involve meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. You acknowledge that some events or activities you may participate in in connection with your participation in a Group carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events or activities, you understand and agree that you have freely chosen to assume these risks. We can't control these events or activities or what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others and participating in Group events or activities. We also do not establish and have no control over the eligibility requirements or Host Terms that Hosts may establish and administer for their groups, or for the fees charged by Hosts relating to their group. Notwithstanding that we may enable Hosts to administer membership in their Group through the Service or collect fees on behalf of Hosts through the Service, we take no responsibility for any eligibility requirements or Host Terms or their administration or fees charged by Hosts or for the provision of the Group membership, event, activity or other matter for which they are charged. To the maximum extent permitted under applicable law, you release Everus from any liability for any loss or damage to you arising from the acts or omissions of a Host or Member or your interactions with them, your participation in any Group, including without limitation any User Contributions or User Data available to you within a Group and any activities or events you participate in in connection with the Group, fees charged by Hosts, or your failure to comply with this Section.

6. Our License to You

Subject to the terms and conditions of these Terms and payment of the applicable fees, we grant you (a) a personal, non-exclusive, non-transferable, and revocable right, without rights to sublicense, to access and use the portions of the Service we make available to all users without a subscription, and (b) for Hosts of a Group, for the subscription term purchased by you, a non-exclusive, non-transferable, and revocable right, without rights to sublicense, to access and use the portion of the Service we make available to you to host and manage such Group, and (c) for Members of a Group, a personal, non-exclusive, non-transferable, and revocable right, without rights to sublicense, to access and use the portions of the Service we make available to you as a Member of such Group during the subscription term of the Group and the term of your membership in the Group solely for your own personal and non-commercial purposes, and in each of clauses (a), (b) and (c), solely as contemplated and permitted by the functionality of the Service and in compliance with these Terms. With respect to any mobile applications that we make available to you as part of the Service or any portion thereof, the foregoing license is further limited to use of such mobile applications in object code form only, on a compatible mobile device owned and controlled by you, solely to support your permitted use of the portion of the Service for which we make the mobile application(s) available, and is subject to Section 8 of these Terms. No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by Everus. To the maximum extent permitted under applicable law, you release Everus from any liability for any damage or loss resulting from your use of the Service outside of the scope of the license granted to you in this Section.

7. Restrictions

You will not, and will not attempt to: (i) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) provide any third parties with access to the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party (except as otherwise expressly authorized hereunder); (iii) remove any copyright or proprietary notices contained in the Service or any output thereof; (iv) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security device, mechanism, procedure or other measure provided or used by the Service; (v) scrape or otherwise access the Service via any bot, web crawler or non-human user; (vi) access or use (or permit a third party to access or use) the Service for (A) any unlawful purpose, (B) for the development of any other product or service, including but not limited to, training a machine learning or artificial intelligence (AI) system, or (C) for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (vii) resell or redistribute the Service or allow Your Account, Your Access Credentials or the Service to be used by another person or entity; or (viii) access or use the Service in a manner that violates applicable law or any provision of these Terms.

8. Mobile Platforms

Everus may make mobile applications that are part of the Service available for download through the Apple application store and the Google Play store (each a "Mobile Platform Store" and Apple and Google each a "Mobile Platform")). The terms and conditions of this Section apply to you only if you downloaded the application through a Mobile Platform Store. You acknowledge that these Terms are between you and Everus, and the Mobile Platform Store through which you downloaded the application bears no responsibility for the application and its content. The license grant under Section 6 of these Terms with respect to the application may be subject to additional or different terms, conditions, policies and/or procedures imposed by the Mobile Platform (the "Mobile Platform Terms"). For example, if you downloaded the application from the Apple application store, the license grant under Section 6 of these Terms is a non-transferable license to use the application on any Apple-branded Products that you own or control as permitted by these Terms and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via "Family Sharing" (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that by downloading the application via a Mobile Platform Store, you are subject to the Mobile Platform Terms. You acknowledge that the applicable Mobile Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the application. Everus, and not the Mobile Platform, will be responsible for any warranties with respect to the application. In the case of applications downloaded through the Apple application store, in the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application. Mobile Platforms are not responsible for addressing any claims by you or a third party relating to the application or your use of the application, including without limitation: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the application or your possession and use thereof infringes a third party's intellectual property rights, the applicable Mobile Platform will not be responsible for any investigation, defense, settlement, or discharge thereof.

9. Mobile Usage

Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of mobile applications made available by us for use in connection with the Service. In addition, downloading, installing, or using the application may be prohibited or restricted by your mobile carrier, and the application may not work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the application is available for your mobile devices; what additional restrictions, if any, may be applicable to your use of the application; and how much such use will cost you.

10. Software Updates

Everus may, but is not obligated to, develop patches, bug fixes, bug fixes, error corrections, updates, upgrades, improvements or other modifications to mobile applications or other software used in providing the Service ("Software Updates") from time to time. You agree that Software Updates may be automatically installed without any additional notice to or consent from you. Everus may further provide you with certain Software Updates that you are required to install, and you agree to install any such Software Updates promptly after they are provided to you. If you do not want to receive Software Updates, your sole remedy is to discontinue using the Service.

11. User Content

You may be able to upload, input, or post information, data, images, messages and other content on public or semi-public areas of the Service, or transmitted to other users of the Service or third parties ("User Contributions"), whether as a Host or a Member or other user of any portion of the Service, and you may further voluntarily provide us with data or information relating to you or we may automatically collect such data or information through your use of our AI Tools or generate or collect such data or information pursuant to your authorization ("User Data"). You may further provide us with suggestions, feature requests, evaluation results, feedback, or other input in relation to the Service or aspects of the Service ("Feedback"; and together with User Contributions and User Data, "User Content"). You are solely responsible for any User Content that you upload, input or post to or in connection with the Service, including without limitation for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Content. Without limiting the generality of the foregoing, you shall not upload, input or post any User Content that (i) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party, (ii) is inaccurate, incomplete, or incorrect, (iii) violates any applicable law, (iv) is, or is likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors, or (v) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You represent and warrant that (a) you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide your User Content to the Service and to us, (b) your User Content does not any personal, private or confidential information belonging to others, and (c) your User Content does not otherwise violate the rights of any third party.

12. AI Tools

As part of your use of the Service in connection with hosting or participation in a Group, we may make available certain artificial intelligence tools and functionality that you specifically opt into using by hosting or participating in the Group ("AI Tools"). These AI Tools may be provided to help improve your experience within a Group by for example helping to match you with other Members or to provide insights to Hosts to improve their management of the Group. Use of the AI Tools is governed by our Terms for AI Tools (the "AI Terms"), which AI Terms are incorporated by reference into these Terms.

13. Acceptable Use

You agree to follow the Everus Acceptable Use Policy at all times in connection with your use of the Service. We reserve the right, but have no obligation or liability for, monitoring the conduct of or any interactions by users with other users of the Service, including without limitation compliance with the Everus Acceptable Use Policy.

14. Termination

These Terms shall remain in full force and effect while you use the Service. Everus may terminate or restrict or suspend your access to any or all of the Service or Your Account, for any reason, and without warning, including without limitation for any failure to pay applicable fees when due or any other actual or suspected breach of these Terms. You may terminate your use of the Service or close Your Account at any time, provided that with respect to any portion of the Service provided on a subscription basis, your termination will not be effective until expiration of your then-current subscription term and you will not be entitled to any refund of subscription fees. If you are a Member of a Group, the Host of the Group may further terminate or restrict or suspend your access to the Group in their sole discretion. Any termination is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination, you will remain liable for any accrued charges and amounts which become due for payment before or after termination and will immediately cease to use the Service or Your Account (or the portion thereof that we terminated). The terms of the following Sections and any other terms that expressly or by their nature survive expiration or termination of this Agreement shall survive any expiration or earlier termination of this Agreement: Sections 3 (with respect to the final sentence only), 4 (with respect to the final sentence only), 5 (with respect to the final sentence only), 6 (with respect to the final sentence only), 7 and 14 - 25 .

15. Fees and Payments/Automatic Renewal and Cancellation of Subscriptions

16. Intellectual Property

17. Third Party Services

The Service may contain links to or otherwise allow you to access third party websites, applications and/or services ("Third Party Services") that are not owned or controlled by Everus. When you access Third Party Services, you do so at your own risk. Everus encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each Third Party Service ("Third Party Terms") that you visit or from which you access any product or service. Everus has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any Third Party Service. In addition, Everus will not and cannot monitor, verify, censor, or edit the content of any Third Party Service. When you visit or use a Third Party Service, you acknowledge that such Third Party Service is subject to the applicable Third Party Terms, and you release us from any liability directly arising from your use of such Third Party Service. You acknowledge that we are not responsible for such third parties or their products or services. Any such activities, and any Third Party Terms associated with such activities, are solely between you and the applicable third party.

18. Privacy

You acknowledge and agree that the operation of certain areas of the Service and the creation of Your Account will require or involve the submission, use, and dissemination of various personally identifiable information, which may include, but is not limited to, your phone number, email address, and mailing address. For example, by joining a Group, you are sharing personally identifiable information with the Host, as well as other Members and us, and by visiting our website(s), you are sharing personally identifiable information with us. All such information collected by Everus is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

19. Communications

By creating Your Account or by providing your phone number or email address to Everus, you agree to receive communications from Everus including, but not limited to email, push notifications, and/or text messages, in accordance with our Privacy Policy. These communications may include notifications and final receipts with respect to fees. These communications are part of your relationship with Everus and you receive them as part of your use of the Service. You therefore hereby acknowledge and agree that any such notices, agreements, disclosures or other communications that Everus sends to you electronically are compliant with any applicable law that requires your consent for a given communication.

20. Disclaimer of Warranties

21. Indemnity

You agree to defend Everus, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns (collectively "Everus Parties") at our request from and against any third party claims arising out of or relating to (i) your violation of these Terms, (ii) your negligence or higher level of culpability, or (iii) your violation of any applicable laws, rules, or regulations, (iv) your User Content, (v) your conduct or interactions with other Hosts or Members or users of the Service, or (vi) any events or activities you may organize or participate in as a Host or Member of a Group, and to indemnify and hold harmless the Everus Parties against any liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) they may incur as a result of such claims. You agree to promptly notify us of any such third party claims, to reasonably cooperate with all Everus Parties in defending such claims and to not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you.

22. Limitation of Liability

23. Dispute Resolution

24. Digital Millennium Copyright Act

Everus is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a "DMCA Takedown Notice") with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, 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; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: legal@everuscares.com You acknowledge that for Everus to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

25. General Legal Terms